42312 Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Proposed Rules

requirements of the Paperwork

Reduction Act unless that collection of

information displays a currently valid

OMB control number.

List of Subjects in 37 CFR Part 1

Administrative practice and

procedure, Courts, Freedom of

Information, Inventions and patents,

Reporting and record keeping

requirements, Small Businesses.

For the reasons set forth in the

preamble, 37 CFR part 1 is proposed to

be amended as follows:

PART 1—RULES OF PRACTICE IN

PATENT CASES

1. The authority citation for 37 CFR

part 1 continues to read as follows:

Authority: 35 U.S.C. 2(b)(2).

2. Section 1.251 is added immediately

following § 1.248 to read as follows:

§ 1.251 Unlocatable file.

(a) In the event that the Office cannot

locate the file of an application, patent,

or other patent-related proceeding after

a reasonable search, the Office will

notify the applicant or patentee and set

a time period within which the

applicant or patentee must comply with

one of paragraphs (b)(1), (b)(2), or (b)(3)

of this section.

(b) If an applicant or patentee has

been given notice under paragraph (a) of

this section that the Office cannot locate

the file of a patent, application, or other

patent-related proceeding after a

reasonable search, applicant or patentee

must do one of the following within the

time period set in the notice:

(1) Provide a copy of the applicant’s

or patentee’s record of all of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding,

a list of such correspondence, and a

statement that the copy is a complete

and accurate copy of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding;

(2) Produce the applicant’s or

patentee’s record of all of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding

for the Office to copy, and provide a

statement that the copy is a complete

and accurate copy of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding;

or

(3) If applicant or patentee does not

possess a complete copy of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding,

provide a copy of the applicant’s or

patentee’s record (if any) of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding,

a list of such correspondence, and a

statement that applicant or patentee

does not possess a complete copy of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding

and that the copy provided is a

complete and accurate copy of

applicant’s or patentee’s record of the

correspondence between the Office and

the applicant or patentee for such

application, patent, or other proceeding.

(c) With regard to a pending

application, failure to timely comply

with one of paragraphs (b)(1), (b)(2), or

(b)(3) of this section will result in

abandonment of the application.

Dated: June 30, 2000.

Q. Todd Dickinson,

Under Secretary of Commerce for Intellectual

Property and Director of the United States

Patent and Trademark Office.

[FR Doc. 00–17182 Filed 7–7–00; 8:45 am]

BILLING CODE 3510–16–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[RI–042–01–6990b; A–1–FRL–6727–8]

Approval and Promulgation of Air

Quality Implementation Plans; New

Hampshire, Rhode Island, and

Vermont; Aerospace Negative

Declarations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

approve negative declarations submitted

by the States of New Hampshire, Rhode

Island, and Vermont for aerospace

coating operations. In the Final Rules

section of this Federal Register, EPA is

approving the State’s submittal as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial submittal and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this rule, no further activity

is contemplated. If EPA receives adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period. Any parties

interested in commenting on this action

should do so at this time.

DATES: Written comments must be

received on or before August 9, 2000.

ADDRESSES: Comments may be mailed to

David Conroy, Unit Manager, Air

Quality Planning, Office of Ecosystem

Protection (mail code CAQ), U.S.

Environmental Protection Agency, EPA

New England, One Congress Street,

Suite 1100, Boston, MA 02114–2023.

Copies of the States submittals are

available for public inspection during

normal business hours, by appointment

at the Office of Ecosystem Protection,

U.S. Environmental Protection Agency,

EPA New England, One Congress Street,

11th floor, Boston, MA 02114–2023.

Copies of New Hampshire’s submittal

are also available at Air Resources

Division, Department of Environmental

Services, 6 Hazen Drive, P.O. Box 95,

Concord, NH 03302–0095. Copies of

Rhode Island’s submittal are also

available at Office of Air Resources,

Department of Environmental

Management, 235 Promenade Street,

Providence, RI 02908–5767. Copies of

Vermont’s submittal are also available

Air Pollution Control Division, Agency

of Natural Resources, Building 3 South,

103 South Main Street, Waterbury, VT

05676.

FOR FURTHER INFORMATION CONTACT:

Anne E. Arnold, (617) 918–1047.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the Rules

section of this Federal Register.

Dated: June 12, 2000.

Mindy S. Lubber,

Regional Administrator, EPA New England.

[FR Doc. 00–16627 Filed 7–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[OH 103–1b; FRL–6731–9]

Approval and Promulgation of

Implementation Plans; Ohio,

Designation of Areas for Air Quality

Planning Purposes; Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a maintenance plan and redesignation of

Cuyahoga and Jefferson Counties, Ohio,

to attainment for particulate matter,

specifically for particles known as PM10.