No. 183 / Thursday, September 23, 1993 / Rules and Regulations

List ofSubjects in37 CFR Part I

Administrative practice and procedure, Courts, Inventions and patents.

PART 1-RULES OF PRACTICE IN PATENT CASES

1.The authority citation for37 CFR part Iwould continue to read as follows:

Authority: 35 U.S.C. 6,unless otherwise noted.

2.Section 1.601 is amended by adding paragraph (q)to read as follows: §1.601 Scope ofrules, definitions.

(q)Afinaldecisionis a decision awardingjudgment as to all counts. An interlocutory orderis any other action taken by an examiner-in-chief ora panel oftheBoard in an interference, including the notice declaring an interference.

3. Section 1.637is amended by revising paragraph (a)to read as follows: §1.637 Content of motion*.

(a)A party filing a motion has the burden ofproofto show that it is entitled to the relief sought inthe motion. Every motion shallinclude (1)

a statement ofthe precise relief requested, (2) a statement ofthe material facts in support ofthe motion, and (3)

a full statement ofthe reasons why the reliefrequested shouldbe granted.

4. Section 1.639 is amended by revising paragraph (c) and by adding paragraphs (d)through (g) as follows: §1.639 Evidence Insupport of motion, opposition, or reply.

(c) Ifa party believes that additional evidence in the form oftestimony that is unavailable to the party isnecessary to support or oppose a preliminary motion under § 1.633 or a motion to correct inventorship under §1.634, the party shall describe the nature ofany proposed testimony as specified in paragraphs (d) through (g)ofthis section. Ifthe examiner-in-chief finds that testimony is needed to decide the motion, the examiner-in-chief may grant appropriate interlocutory relief and enter an order authorizing the taking of testimony and deferring a decision on the motion to final hearing.

(d)When additional evidence in the form of expert-witness testimony is needed in support ofor opposition to a preliminary motion, the moving party or opponent should:

U1) Identify the person whom it expects to call asan expert; (2) State the field in which the person is alleged to be an expert; and

(3)State: (i) The subject matter on which the person isexpected to testify;

(ii)The facts and opinionstowhich the person is expected to testify; and

(iii)A summary ofthe grounds and basis foreach opinion. (e) When additional evidence in the form offact-witness testimony is necessary, state the facts to whichthe witness is expected to testify.

(f)Ifthe opponent is to be called, or if evidence inthe possession ofthe opponent is necessary, explain the evidence sought, what it will show, and why it is needed.

(g)When inter partes tests are to be performed, describe the tests stating what they will be expected to show.

5. Section 1.655 is amendedby revising paragraph (a)to read as follows:
§1.655 Matters considered Inrendering a final decision.

(a) In rendering afinal decision, the Board may consider any properly raised issue including (1)priority ofinvention, (2) derivation by an opponent from a party who filed a preliminary statement under § 1.625, (3)patentability ofthe invention, (4) admissibility ofevidence, (5)any interlocutory matter deferred to final hearing, and (6) any other matter necessary to resolve the interference. The Board may also consider whether any interlocutory order was erroneous
or an abuse ofdiscretion. All interlocutory orders shallbe presumed to have been correct andthe burden of showing error or an abuse of discretion shallbe on the party attacking the order. When two ormore interlocutory orders involve the same issue, the last entered order shallbe presumed to have been
correct.

Dated: September 16, 1993.
Bruce A. Lehman, AssistantSecretaryofCommerceand Commissioner of

Patents andTrademarks. [FR Doc. 93-23304 Filed 9-22-93; 8:45 am]

BILUNG COoE 3610-16-M ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 52 [CO34-1-6052; FRL-4735-41

Clean AirAct Approval and Promulgation ofAIrQuality Implementation Plan for Colorado;Amblent AirQuality Surveillance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to Colorado's State Implementation Plan (SIP) forAir Quality Monitoring, as submitted by the Governorwith a letter dated July 7, 1993. The revisions update the SIPto bring itinto compliance with the Federal requirements formonitoring criteria. This submittal completely replaces the previous version ofthe air quality monitoring plan. EFFECTlVE.DATES: This action will become effective on November 22, 1993 unless notice is received by October 25, 1993 that someone wishes to submit adverse or critical comments. Ifthe effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Notice of adverse or critical comments should be submitted to Amy Platt at the EPA Region VIII Office. Copies ofthe State's submittal and other information are available for inspection during normal business hours at the following locations: AirPrograms Branch, Environmental Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202- 2405; and Colorado Department of Health, AirPollution Control Division, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection Agency, Region VIII, (303)293-1769. SUPPLEMENTARY INFORMATION:
I. Background

In a May 10, 1979 Federal Register notice (44FR 27558), EPA set forth ambient air quality monitoring and data reporting requirements to satisfy the requirements ofsection 110(a)(2)(C) of the 1977 Clean Air Act. The May 10, 1979 notice revoked the requirements for air quality monitoring in 40 CFRpart 51 and established a new part 58 entitled Ambient Air Quality Surveillance. Pursuant to the May 10, 1979 revisions, States were required, among other things, to revise their SIPs to meet the requirements of40 CFR • I 49434 Federal Register / Vol. 58,

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58.20. On December 14, 1979, the Colorado Air Pollution Control Division submitted a revision to the Colorado SIP concerning compliance with these Federal monitoring regulations. EPA determined that the submittal met the requirements of40 CFR 58.20, and on July 9, 1980 the revisions were approved (45 FR 46072).

H.Revisions Submitted July 7, 1993

After a review ofits monitoring SIP, the State deemed necessary further revisions to the plan to conform it to all the requirements of 40 CFRpart 58. Therefore, in a letter dated July 7, 1993, the Governor ofColorado submitted a revised Air Quality Monitoring SIP, which had been adopted on March 18, 1993 by the Colorado Air Quality Control Commission. This submittal updates the State's air quality monitoring plan and makes it consistent with 40 CFR part 58.

The revisions address air quality surveillance network design, network description, station designations, air quality monitoring criteria, data reporting, annual review ofthe State's monitoring network, prevention of significant deterioration monitoring, and public notification. No public
comments were received by the State on this SIP. The State believes that the monitoring SIP revisions will provide for the continued implementation, maintenance and enforcement ofthe
state air pollution control program aimed atmeeting the National Ambient Air Quality Standards (NAAQS), as well

as bring the SIP into conformance with Federal requirements for ambient air quality monitoring.

EPA is acting on these revisions without prior proposal because the Agency views these amendments as noncontroversial and anticipates no adverse comments. This action will be effective November 22, 1993 unless, by October 25, 1993, notice is received that adverse or critical comments will be submitted.

Ifsuch notice is received, this action will be withdrawnbefore the effective dateby publishing two subsequent notices. One notice will withdraw the final action and another will begin a

new rulemaking by announcing a proposal ofthe action and establishing

a comment period. Ifno such comments

are received, the public is advised that this action will be effective November 22, 1993. 

### M. This Action

EPA is approving Colorado's SIP revision, submitted by the Governor with a letter dated July 7, 1993. These revisions amend the Air Quality Monitoring SIP to bring it into conformance withFederal requirements in 40 CFRpart 58. This submittal completely replaces the previous version ofthe Air Quality Monitoring plan. EPA is approving these revisions

ecause they provide forthe continued implementation, maintenance and enforcement ofthe NAAQS. This action

was requested by the State ofColorado.

Nothing in this action should be construed aspermitting or allowing or establishing a precedent for any future request forrevision to any SIP. Each request for revision to a SIP shallbe considered separately in light ofspecific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
IV. Executive Order(EO) 12291

This action has been classified as a Table 3action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989,the Office of Management and Budget waived Table 2 and 3SIPrevisions (54 FR2222) from the requirements ofsection 3of Executive Order 12291 for aperiod of two years. EPA has submitted arequest fora permanent waiver for Table 2 and Table 3SIP revisions. OMB has agreed to continue the temporary waiver until such time as itrules on EPA's request.
V. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 600 etseq., EPA mustprepare
aregulatory flexibility analysis assessing the impact ofany proposed or finalrule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will nothave a significant economic impact on a substantial numberof small entities. Small entities include small businesses, small not-forprofit enterprises, and government entities with jurisdiction over populations of less than 50,000.

Approvals ofSIP submittals under section 110 and subchapter I,part D of the Clean AirAct do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the , Federal SIP-approval does not impose any newrequirements, I certify that it does nothave a significant impact on any small entities affected. Moreover, due to the nature ofthe Federal-state relationship under the Clean AirAct, preparation ofa regulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness ofstate action. The Clean Air Act forbids EPA to base its actions concerning SIPson such grounds. UnionElectricCo.v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

VI. Petitions

Under section 307(b)(1) of the Clean Air Act, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuit by November 22, 1993. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes ofjudicial review nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness ofsuch rule

oraction. This action may not be challenged later in proceedings to enforce its requirements (seesection 307(b)(2)).

List ofSubjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Environmental protection, Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: September 15, 1993. Jack W. McGraw, ActingRegionalAdministrator.

Part 52, chapter I, title 40 ofthe Code ofFederal 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. 7401-7671q.

Subpart G-Colorado

2. Section 52.346 is added to read as follows:
§52.346 Air quality monitoring requirements.

In a letter and submittal dated July 7, 1993, from the Governor ofColorado to the EPA Region VIII Administrator, the State submitted a revised Air Quality Monitoring State Implementation Plan. The plan was adopted by the State on March 18, 1993 and completely replaces the previous version ofthe Air Quality Monitoring plan as identified at 40 CFR 52.320 (c)(17). The revisions updated the plan to bring it into conformance with the Federal requirements for air quality monitoring as found in 40 CFR part 58. The State commits to meet these Federal requirements. [FR Doc. 93-23391 Filed 9-22-93; 8:45 am)

BILLNG CODE 6560-50-F *

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