1668 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Rules and Regulations 

publication, or an international patent 

application publication that was 

published in accordance with PCT 

Article 21(2). A copy of the applicationas-filed, or a specific document in the 

file of the pending application may also 

be provided to any person upon written 

request, and payment of the appropriate 

fee (§ 1.19(b)). The Office will not 

provide access to the paper file of a 

pending application, except as provided 

in paragraph (c) or (i) of this section. 

(vi) Unpublished pending 

applications (including provisional 

applications) that are incorporated by 

reference or otherwise identified. A copy 

of the application as originally filed of 

an unpublished pending application 

may be provided to any person, upon 

written request and payment of the 

appropriate fee (§ 1.19(b)), if the 

application is incorporated by reference 

or otherwise identified in a U.S. patent, 

a statutory invention registration, a U.S. 

patent application publication, or an 

international patent application 

publication that was published in 

accordance with PCT Article 21(2). The 

Office will not provide access to the 

paper file of a pending application, 

except as provided in paragraph (c) or 

(i) of this section. 

(vii) When a petition for access or a 

power to inspect is required. 

Applications that were not published or 

patented, that are not the subject of a 

benefit claim under 35 U.S.C. 119(e), 

120, 121, or 365 in an application that 

has issued as a U.S. patent, an 

application that has published as a 

statutory invention registration, a U.S. 

patent application publication, or an 

international patent application 

publication that was published in 

accordance with PCT Article 21(2), or 

are not identified in a U.S. patent, a 

statutory invention registration, a U.S. 

patent application publication, or an 

international patent application that 

was published in accordance with PCT 

Article 21(2), are not available to the 

public. If an application is identified in 

the file contents of another application, 

but not the published patent application 

or patent itself, a granted petition for 

access (see paragraph (i)), or a power to 

inspect (see paragraph (c)) is necessary 

to obtain the application, or a copy of 

the application. 

(2) Information concerning a patent 

application may be communicated to 

the public if the patent application is 

identified in a published patent 

document or in an application as set 

forth in paragraphs (a)(1)(i) through 

(a)(1)(vi) of this section. The 

information that may be communicated 

to the public (i.e., status information) 

includes: 

* * * * * 

(b) Electronic access to an 

application. Where a copy of the 

application file or access to the 

application may be made available 

pursuant to this section, the Office may 

at its discretion provide access to only 

an electronic copy of the specification, 

drawings, and file contents of the 

application. 

* * * * * 

(h) Access by a Foreign Intellectual 

Property Office. (1) Access to the 

application-as-filed may be provided to 

any foreign intellectual property office 

participating with the Office in a 

bilateral or multilateral priority 

document exchange agreement 

(participating foreign intellectual 

property office), if the application 

contains written authority granting such 

access. Written authority under this 

paragraph should be submitted prior to 

filing a subsequent foreign application 

with a participating intellectual 

property office in which priority is 

claimed to the patent application. 

(2) Written authority provided under 

paragraph (h)(1) of this section must 

include the title of the invention 

(§ 1.71(a)), comply with the 

requirements of paragraph (c) of this 

section, and be submitted on a separate 

document (§ 1.4(c)). 

(3) Written authority provided under 

paragraph (h)(1) of this section will be 

treated as authorizing the Office to 

provide to all participating foreign 

intellectual property offices indicated in 

the written authority in accordance with 

their respective agreements with the 

Office: 

(i) A copy of the application-as-filed; 

and 

(ii) A copy of the application-as-filed 

with respect to any application the 

filing date of which is claimed by the 

application in which written authority 

under paragraph (h)(1) of this section is 

filed. 

* * * * * 

■ 3. Section 1.19 is amended by adding 

paragraph (b)(1)(iv) to read as follows: 

§ 1.19 Document supply fees. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) If provided to a foreign 

intellectual property office pursuant to 

a priority document exchange 

agreement (see § 1.14(h)(1)) ...... 0.00 

* * * * * 

■ 4. Section 1.55 is amended by adding 

a new paragraph (d) to read as follows: 

§ 1.55 Claim for foreign priority. 

* * * * * 

(d)(1) The requirement in this section 

for the certified copy of the foreign 

application will be considered satisfied 

if: 

(i) The applicant files a request, in a 

separate document, that the Office 

obtain a copy of the foreign application 

from a foreign intellectual property 

office participating with the Office in a 

bilateral or multilateral priority 

document exchange agreement 

(participating foreign intellectual 

property office (see § 1.14(h)(1)); 

(ii) The foreign application is 

identified in the oath or declaration 

(§ 1.63(c)) or an application data sheet 

(§ 1.76(a)(6)); and 

(iii) The copy of the foreign 

application is received by the Office 

within the period set forth in paragraph 

(a) of this section. Such a request should 

be made within the later of four months 

from the filing date of the application or 

sixteen months from the filing date of 

the foreign application. 

(2) If the foreign application was filed 

at a foreign intellectual property office 

that is not participating with the Office 

in a priority document exchange 

agreement, but a copy of the foreign 

application was filed in an application 

subsequently filed in a participating 

foreign intellectual property office, the 

request under paragraph (d)(1)(i) of this 

section must identify the participating 

foreign intellectual property office and 

the application number of the 

subsequent application in which a copy 

of the foreign application was filed. 

Dated: December 18, 2006. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E7–113 Filed 1–9–07; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[Docket No. EPA–R02–OAR–2006–0615, 

FRL–8268–9] 

Approval and Promulgation of Plans 

for Designated Facilities; New Jersey; 

Delegation of Authority 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

from the New Jersey Department of 


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Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Rules and Regulations 1669 

Environmental Protection (NJDEP) for 

delegation of authority to implement 

and enforce the following three Federal 

plans: Municipal Solid Waste Landfills 

(MSW Landfills); Hospital/Medical/ 

Infectious Waste Incinerators (HMIWI); 

and Small Municipal Waste Combustion 

Units (Small MWC). On November 8, 

1999, August 15, 2000 and January 31, 

2003 respectively, EPA promulgated the 

Federal plans for MSW Landfills, 

HMIWI and Small MWCs to fulfill the 

requirements of sections 111(d)/129 of 

the Clean Air Act (CAA). The Federal 

plans impose emission limits and 

control requirements for existing 

affected facilities located in areas not 

covered by an approved and currently 

effective State plan. 

On May 15, 2006, NJDEP signed 

Memorandums of Agreement (MOAs) 

which act as the mechanism for the 

transfer of EPA authority to NJDEP. The 

intended effect is to approve MOAs that 

define the policies, responsibilities, and 

procedures by which the Federal plans 

for MSW Landfills, HMIWI and Small 

MWCs will be administered on behalf of 

EPA by NJDEP. 

EPA proposed approval of NJDEP’s 

delegation request on August 31, 2006. 

DATES: Effective Date: This rule will be 

effective February 15, 2007. 

ADDRESSES: Copies of the state 

submittal(s) are available at the 

following addresses for inspection 

during normal business hours: 

Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. 

New Jersey Department of 

Environmental Protection, Office of 

Energy, Bureau of Air Quality Planning, 

401 East State Street, CN027, Trenton, 

New Jersey 08625. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella 

(Gardella.Anthony@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007–

1866, (212) 637–3892. 

SUPPLEMENTARY INFORMATION: The 

Environmental Protection Agency (EPA) 

is approving the New Jersey Department 

of Environmental Protection’s (NJDEP’s) 

request for delegation of authority of 

three Federal plans. The following table 

of contents describes the format for this 

SUPPLEMENTARY INFORMATION section. 

I. What Action Is EPA Taking Today? 

II. What Are the Details of EPA’s Specific 

Action? 

III. What Comments Were Received and How 

Has EPA Responded to Them? 

IV. What Are EPA’s Conclusions? 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking Today? 

EPA is approving NJDEP’s request for 

delegation of authority to implement 

and enforce three Federal plans and to 

adhere to the terms and conditions 

prescribed in the Memorandums of 

Agreement (MOAs) signed between EPA 

and NJDEP, as further explained below. 

NJDEP requested delegation of authority 

of the following three Federal plans: 

Municipal Solid Waste Landfills (MSW 

Landfills); Hospital/Medical/Infectious 

Waste Incinerators (HMIWI); and Small 

Municipal Waste Combustion Units 

(Small MWC). The Federal plans were 

promulgated by EPA to implement 

emission guidelines pursuant to 

sections 111(d) and 129 of the Clean Air 

Act, as amended, 42 U.S.C. 7401 et seq. 

(CAA). The purpose of this delegation is 

to acknowledge NJDEP’s ability to 

implement a program and to transfer 

primary implementation and 

enforcement responsibility from EPA to 

NJDEP for existing sources of MSW 

Landfills, HMIWI and Small MWC. 

While NJDEP is delegated the authority 

to implement and enforce the three 

Federal plans, nothing in the delegation 

agreement shall prohibit EPA from 

implementing and enforcing the Federal 

plans for MSW Landfills, HMIWI and 

Small MWC. 

II. What Are the Details of EPA’s 

Specific Action? 

On May 13, 2005, NJDEP submitted to 

EPA a request for delegation of authority 

from EPA to implement and enforce the 

Federal plans for existing MSW 

Landfills, HMIWI and Small MWC. EPA 

prepared the MOAs that define the 

policies, responsibilities, and 

procedures by which the Federal plans 

will be administered by both NJDEP and 

EPA, pursuant to the following: 

‘‘Federal Plan Requirements for 

Municipal Solid Waste Landfills That 

Commenced Construction Prior to May 

30, 1991 and Have Not Been Modified 

or Reconstructed Since May 30, 1991,’’

40 CFR part 62, subpart GGG, 40 CFR 

62.14350–14356; ‘‘Federal Plan 

Requirements for Hospital/Medical/ 

Infectious Waste Incinerators 

Constructed on or Before June 20, 

1996,’’ 40 CFR part 62, subpart HHH, 40 

CFR 62.14400–14495 and ‘‘Federal Plan 

Requirements for Small Municipal 

Waste Combustion Units Constructed on 

or Before August 30, 1999,’’ 40 CFR part 

62, subpart JJJ, 40 CFR 62.15000–15410. 

The MOAs are the mechanism for the 

transfer of responsibility between EPA 

and NJDEP. 

On April 24, 2006, Alan J. Steinberg, 

EPA Region 2 Administrator, signed the 

three MOAs and forwarded them to 

NJDEP for signature. On May 15, 2006, 

Lisa P. Jackson, NJDEP Commissioner, 

signed the MOAs, thereby agreeing to 

the terms and conditions of the MOAs 

and accepting responsibility to 

implement and enforce the policies, 

responsibilities and procedures of the 

Federal plans for MSW Landfills, 

HMIWI, and Small MWC. The transfer 

of authority to NJDEP became effective 

on May 15, 2006. EPA proposed 

approval on August 31, 2006 (71 FR 

51790). 

III. What Comments Were Received and 

How Has EPA Responded to Them? 

There were no comments received on 

EPA’s proposed approval of NJDEP’s 

request for delegation of the three 

Federal plans. 

IV. What Are EPA’s Conclusions? 

For reasons described in this action 

and in EPA’s proposal action, EPA is 

approving NJDEP’s request for 

delegation of the three Federal plans. 

For further details, the reader is referred 

to the proposal action. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action approves state 

law as meeting Federal requirements 

and imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Public Law 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 


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1670 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Rules and Regulations 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action approves 

a state rule implementing a Federal 

standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Act. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Act. In this context, in the absence 

of a prior existing requirement for the 

state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a plan 

submission, to use VCS in place of a 

plan submission that otherwise satisfies 

the provisions of the Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

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 rule 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 19, 2007. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: January 4, 2007. 

Alan J. Steinberg, 

Regional Administrator, Region 2. 

■ Part 62, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 62 U.S.C. 7401–7671q. 

Subpart FF—New Jersey 

■ 2. Part 62 is amended by adding new 

§ 62.7605 and an undesignated heading 

to subpart FF to read as follows: 

Air Emissions from Existing 

Municipal Solid Waste Landfills, Small 

Municipal Waste Combustion Units, 

and Hospital/Medical/Infectious Waste 

Incinerators. 

§ 62.7605 Identification of plan—

delegation of authority. 

(a) Letter from the New Jersey 

Department of Environmental Protection 

(NJDEP), submitted May 13, 2005, 

requesting delegation of authority from 

EPA to implement and enforce the 

following three Federal plans: 

Municipal Solid Waste Landfills (MSW 

Landfills), Hospital/Medical/Infectious 

Waste Incinerators (HMIWI) and Small 

Municipal Waste Combustion Units 

(Small MWCs). The Federal plans will 

be administered by both NJDEP and 

EPA, pursuant to the following: 

‘‘Federal Plan Requirements for 

Municipal Solid Waste Landfills That 

Commenced Construction Prior to May 

30, 1991 and Have Not Been Modified 

or Reconstructed Since May 30, 1991,’’

40 CFR part 62, subpart GGG; ‘‘Federal 

Plan Requirements for Hospital/ 

Medical/Infectious Waste Incinerators 

Constructed on or Before June 20, 

1996,’’ 40 CFR part 62, subpart HHH; 

and ‘‘Federal Plan Requirements for 

Small Municipal Waste Combustion 

Units Constructed on or Before August 

30, 1999,’’ 40 CFR part 62, subpart JJJ. 

(b) Identification of sources: The three 

Federal plans apply to existing facilities 

as follows: MSW Landfills which 

commenced construction, 

reconstruction, or modification before 

May 30, 1991 and a MSW Landfill that 

has accepted waste at any time since 

November 8, 1987 or the landfill has 

additional capacity for future waste 

deposition; HMIWIs that combust any 

amount of hospital, medical or 

infectious waste and that commenced 

construction on or before June 20, 1996; 

and Small MWCs with a capacity to 

combust at least 35 tons per day of 

municipal solid waste or refuse-derived 

fuel but no more than 250 tons per day 

of municipal solid waste or refusederived fuel and if the Small MWC 

commenced construction on or before 

August 30, 1999. 

(c) On April 24, 2006, EPA prepared 

and signed Memorandums of Agreement 

(MOAs) between EPA and NJDEP that 

define the policies, responsibilities and 

procedures pursuant to the three 

Federal plans identified in (a) above by 

which the Federal plans will be 

administered by both NJDEP and EPA. 

On May 15, 2006, Lisa P. Jackson, 

NJDEP Commissioner, signed the 

MOAs, therefore agreeing to the terms 

and conditions of the MOAs and 

accepting responsibility to enforce and 

implement the policies, responsibilities, 

and procedures for MSW Landfills, 

HMIWIs and Small MWCs. 

(d) The delegation became fully 

effective on May 15, 2006, the date the 

MOAs were signed by the NJDEP 

Commissioner. 

[FR Doc. E7–413 Filed 1–12–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–RO7–RCRA–2006–0878; FRL–8269–1] 

Adequacy of Nebraska Municipal Solid 

Waste Landfill Program; Withdrawal of 

Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received 

adverse comment, we are withdrawing 

the direct final rule for Adequacy of 

Nebraska Municipal Solid Waste 

Landfill Program, published on 

November 16, 2006. 

DATES: Effective January 16, 2007, EPA 

withdraws the direct final rule 


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