Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 52691 

§ 1.110 Inventorship and date of invention 

of the subject matter of individual claims. 

When more than one inventor is 

named in an application or patent, the 

Patent and Trademark Office, when 

necessary for purposes of an Office 

proceeding, may require an applicant, 

patentee, or owner to identify the 

inventive entity of the subject matter of 

each claim in the application or patent. 

Where appropriate, the invention dates 

of the subject matter of each claim and 

the ownership of the subject matter on 

the date of invention may be required of 

the applicant, patentee or owner. See 

also §§ 1.78(c) and 1.130. 

■ 12. Section 1.114 is amended by 

removing paragraphs (f), (g), and (h) and 

by revising paragraphs (a) and (d) to 

read as follows: 

§ 1.114 Request for continued 

examination. 

(a) If prosecution in an application is 

closed, an applicant may request 

continued examination of the 

application by filing a submission and 

the fee set forth in § 1.17(e) prior to the 

earliest of: 

(1) Payment of the issue fee, unless a 

petition under § 1.313 is granted; 

(2) Abandonment of the application; 

or 

(3) The filing of a notice of appeal to 

the U.S. Court of Appeals for the 

Federal Circuit under 35 U.S.C. 141, or 

the commencement of a civil action 

under 35 U.S.C. 145 or 146, unless the 

appeal or civil action is terminated. 

* * * * * 

(d) If an applicant timely files a 

submission and fee set forth in § 1.17(e), 

the Office will withdraw the finality of 

any Office action and the submission 

will be entered and considered. If an 

applicant files a request for continued 

examination under this section after 

appeal, but prior to a decision on the 

appeal, it will be treated as a request to 

withdraw the appeal and to reopen 

prosecution of the application before the 

examiner. An appeal brief (§ 41.37 of 

this title) or a reply brief (§ 41.41 of this 

title), or related papers, will not be 

considered a submission under this 

section. 

* * * * * 

§ 1.117 [Removed and Reserved] 

■ 13. Section 1.117 is removed and 

reserved. 

■ 14. Section 1.136 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 1.136 Extensions of time. 

(a)(1) If an applicant is required to 

reply within a nonstatutory or shortened 

statutory time period, applicant may 

extend the time period for reply up to 

the earlier of the expiration of any 

maximum period set by statute or five 

months after the time period set for 

reply, if a petition for an extension of 

time and the fee set in § 1.17(a) are filed, 

unless: 

(i) Applicant is notified otherwise in 

an Office action; 

(ii) The reply is a reply brief 

submitted pursuant to § 41.41 of this 

title; 

(iii) The reply is a request for an oral 

hearing submitted pursuant to § 41.47(a) 

of this title; 

(iv) The reply is to a decision by the 

Board of Patent Appeals and 

Interferences pursuant to § 1.304 or to 

§ 41.50 or § 41.52 of this title; or 

(v) The application is involved in a 

contested case (§ 41.101(a) of this title). 

* * * * * 

■ 15. Section 1.142 is amended by 

removing paragraph (c) and by revising 

paragraph (a) to read as follows: 

§ 1.142 Requirement for restriction. 

(a) If two or more independent and 

distinct inventions are claimed in a 

single application, the examiner in an 

Office action will require the applicant 

in the reply to that action to elect an 

invention to which the claims will be 

restricted, this official action being 

called a requirement for restriction (also 

known as a requirement for division). 

Such requirement will normally be 

made before any action on the merits; 

however, it may be made at any time 

before final action. 

* * * * * 

■ 16. Section 1.145 is revised to read as 

follows: 

§ 1.145 Subsequent presentation of claims 

for different invention. 

If, after an Office action on an 

application, the applicant presents 

claims directed to an invention distinct 

from and independent of the invention 

previously claimed, the applicant will 

be required to restrict the claims to the 

invention previously claimed if the 

amendment is entered, subject to 

reconsideration and review as provided 

in §§ 1.143 and 1.144. 

§ 1.265 [Removed] 

■ 17. Section 1.265 is removed. 

■ 18. Section 1.495 is amended by 

revising paragraph (g) to read as follows: 

§ 1.495 Entering the national stage in the 

United States of America. 

* * * * * 

(g) The documents and fees submitted 

under paragraphs (b) and (c) of this 

section must be clearly identified as a 

submission to enter the national stage 

under 35 U.S.C. 371. Otherwise, the 

submission will be considered as being 

made under 35 U.S.C. 111(a). 

* * * * * 

§ 1.704 [Amended] 

■ 19. Section 1.704 is amended by 

removing existing paragraph (c)(11) and 

redesignating paragraph (c)(12) as 

paragraph (c)(11). 

Dated: October 7, 2009. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E9–24667 Filed 10–13–09; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0908; FRL–8958–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio 

Administrative Code Rule 3745–21–17 

Portable Fuel Containers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Ohio Environmental 

Protection Agency (Ohio EPA) 

submitted a revision to its State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA) in order to reduce 

air pollution in Ohio. The SIP revision 

consists of a new regulation entitled 

Ohio’s Administrative Code Rule 3745– 

21–17 ‘‘Control of VOC Emissions from 

Portable Fuel Containers.’’ This rule 

impacts sale, use, and manufacture of 

Portable Fuel Containers (PFC) in the 

State of Ohio. Ohio EPA submitted this 

request for approval of this rule on 

August 7, 2007. EPA is approving this 

rule. 

DATES: This direct final rule will be 

effective December 14, 2009, unless EPA 

receives adverse comments by 

November 13, 2009. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–0908, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 


cprice-sewell on DSK2BSOYB1PROD with RULES
52692 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007– 

0908. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The www.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 www.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 not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Michael 

G. Leslie, Environmental Engineer, at 

(312) 353–6680 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Michael G. Leslie, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. Summary of SIP Revision 

III. What Action Is EPA Taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

The State of Ohio currently has eleven 

8-hour ozone nonattainment and 

maintenance areas. Ohio’s 

Administrative Code Rule 3745–21–17 

impacts sale, use, and manufacture of 

PFCs in the State of Ohio. This rule is 

intended to help Ohio attain and 

maintain the 8-hour ozone standard 

through reductions of emissions of 

Volatile Organic Compounds (VOC) 

from these containers. VOCs are 

precursors to the formation of ozone. 

II. Summary of SIP Revision 

The PFC regulations are useful in 

Ohio’s and EPA’s efforts to improve 

Ohio’s air quality. PFCs, also known as 

gas cans, are used to fill a variety of 

equipment including lawnmowers, 

vehicles, and personal watercraft. The 

goal of this program is to ensure that 

spillage and evaporative emissions from 

such containers are minimized or 

eliminated. Because of their large 

numbers, PFCs have the cumulative 

potential to create substantial 

hydrocarbon emissions resulting in 

ozone-forming smog and health related 

problems. On September 11, 2006, 

California’s Air Resources Board (CARB) 

finalized regulations that set specific 

limitations on the maximum allowable 

diurnal emission standard for PFCs and 

operation of the automatic shut-off 

feature of spill-proof systems and spillproof spouts on PFCs. EPA modeled its 

own PFC rules on the CARB rules. The 

State of Ohio finds that these 

regulations are an effective tool to attain 

and maintain the 8-hour ozone standard 

throughout Ohio. 

On August 7, 2007, Ohio EPA 

submitted a formal request to EPA to 

revise the Ohio SIP by adding the new 

regulation entitled ‘‘Control of VOC 

Emissions from Portable Fuel 

Containers.’’ This regulation applies 

statewide to any person who sells, 

supplies, offers for sale, or manufactures 

for sale portable fuel containers and/or 

spouts for use in Ohio on or after 

July 1, 2007. 

This regulation requires that each PFC 

and/or spout for sale or use in the State 

of Ohio: (1) Be certified by the CARB, 

or (2) be certified or otherwise approved 

under requirements and in a manner 

that Ohio EPA determines are as 

stringent as the California requirements. 

EPA is approving this rule because it 

meets CAA and EPA requirements and 

helps reduce ozone concentrations. 

This rule does not apply to: (1) Any 

PFC or spout or combination portable 

fuel container and spout manufactured 

in Ohio for shipment, sale, and use 

outside of Ohio, (2) safety cans meeting 

the requirements of 29 CFR part 1926, 

subpart F: ‘‘Fire Protection and 

Prevention;’’ as published in the July 1, 

2006, edition of the Code of Federal 

Regulations, (3) PFC with a nominal 

capacity less than or equal to one quart, 

(4) rapid refueling devices with nominal 

capacities greater than, or equal to four 

gallons, provided such devices are 

designed for use in officially sanctioned 

off-highway motor sports, (5) portable 

fuel tanks manufactured specifically to 

deliver fuel through a hose attached 

between the portable fuel tank and the 

outboard engine for the purpose of 

operating the outboard engine, (6) 

closed-system PFC that are used 

exclusively for fueling remote control 

model airplanes, and (7) PFC or PFC 

spouts manufactured prior to July 1, 

2007. 

III. What Action Is EPA Taking? 

EPA is approving Ohio’s 

Administrative Code Rule 3745–21–17 

which governs sale, use, and 

manufacture of PFCs in the State of 

Ohio. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 52693 

comments are filed. This rule will be 

effective December 14, 2009 without 

further notice unless we receive relevant 

adverse written comments by November 

13, 2009. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If we do not receive any comments, this 

action will be effective December 14, 

2009. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 14, 

2009. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: September 9, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(144) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(144) The Ohio Environmental 

Protection Agency formally submitted 

revisions to Ohio’s Administrative Code 

on August 7, 2007. These revisions 

consists of Rule 3745–21–17 which 

impacts sale, use, and manufacture of 

Portable Fuel Containers in the State of 

Ohio. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–21–17 ‘‘Portable fuel containers’’, 

adopted on June 11, 2007, effective on 

June 21, 2007. 

(B) June 11, 2007, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

* * * * * 

[FR Doc. E9–24610 Filed 10–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0339; FRL–8947–2] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maricopa County Air Quality 

Department (MCAQD) portion of the 

Arizona State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM) emissions and 

precursors from steam generating units, 

cogeneration units, stationary gas 

turbines, process heaters and internal 

combustion engines. We are approving 

local rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on 

December 14, 2009 without further 


cprice-sewell on DSK2BSOYB1PROD with RULES