Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations 25619

of those patents for which extension is

sought.

(c) If an application for extension is

filed which seeks the extension of the

term of a patent based upon the same

regulatory review period as that relied

upon in one or more applications for

extension pursuant to the requirements

of this subpart, the certificate of

extension of patent term will be issued

on the application only if the patent

owner or its agent is the holder of the

regulatory approval granted with respect

to the regulatory review period.

(d) An application for extension shall

be considered complete and formal

regardless of whether it contains the

identification of the holder of the

regulatory approval granted with respect

to the regulatory review period. When

an application contains such

information, or is amended to contain

such information, it will be considered

in determining whether an application

is eligible for an extension under this

section. A request may be made of any

applicant to supply such information

within a non-extendable period of not

less than one (1) month whenever

multiple applications for extension of

more than one patent are received and

rely upon the same regulatory review

period. Failure to provide such

information within the period for

response set shall be regarded as

conclusively establishing that the

applicant is not the holder of the

regulatory approval.

(e) Determinations made under this

section shall be included in the notice

of final determination of eligibility for

extension of the patent term pursuant to

§ 1.750 and shall be regarded as part of

that determination.

8. Section 1.790 is added to read as

follows:

§ 1.790 Interim extension of patent term

under 35 U.S.C. 156(d)(5).

(a) An owner of record of a patent or

its agent who reasonably expects that

the applicable regulatory review period

described in paragraph (1)(B)(ii),

(2)(B)(ii), (3)(B)(ii), (4)(B) (ii), or

(5)(B)(ii) of subsection (g) that began for

a product that is the subject of such

patent may extend beyond the

expiration of the patent term in effect

may submit one or more applications for

interim extensions for periods of up to

one year each. The initial application

for interim extension must be filed

during the period beginning 6 months

and ending 15 days before the patent

term is due to expire. Each subsequent

application for interim extension must

be filed during the period beginning 60

days before and ending 30 days before

the expiration of the preceding interim

extension. In no event will the interim

extensions granted under this section be

longer than the maximum period of

extension to which the applicant would

be entitled under 35 U.S.C. 156(c).

(b) A complete application for interim

extension under this section shall

include all of the information required

for a formal application under § 1.740

and a complete application under

§ 1.741. Sections (a)(1), (a)(2), (a)(4), and

(a)(6)–(a)(17) of § 1.740 and § 1.741 shall

be read in the context of a product

currently undergoing regulatory review.

Sections (a)(3) and (a)(5) of § 1.740 are

not applicable to an application for

interim extension under this section.

(c) The content of each subsequent

interim extension application may be

limited to a request for a subsequent

interim extension along with a

statement that the regulatory review

period has not been completed along

with any materials or information

required under § 1.740 and § 1.741 that

are not present in the preceding interim

extension application.

9. Section 1.791 is added to read as

follows:

§ 1.791 Termination of interim extension

granted prior to regulatory approval of a

product for commercial marketing or use.

Any interim extension granted under

35 U.S.C. 156(d)(5) terminates at the end

of the 60-day period beginning on the

date on which the product involved

receives permission for commercial

marketing or use. If within that 60-day

period the patent owner or its agent files

an application for extension under

§ 1.740 and § 1.741 including any

additional information required under

35 U.S.C. 156(d)(1) not contained in the

application for interim extension, the

patent shall be further extended in

accordance with the provisions of 35

U.S.C. 156.

* * * * *

Dated: May 8, 1995.

Bruce A. Lehman,

Assistant Secretary of Commerce and

Commissioner of Patents and Trademarks.

[FR Doc. 95–11787 Filed 5–11–95; 8:45 am]

BILLING CODE 3510–16–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 261 and 302

[SWH–FRL–5206–4]

RIN 2050–AD59

Hazardous Waste Management

System; Carbamate Production

Identification and Listing of Hazardous

Waste; and CERCLA Hazardous

Substance Designation and Reportable

Quantities; Correction

AGENCY: Environmental Protection

Agency.

ACTION: Final rule; correction.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) is correcting

minor errors in the amendments to the

regulations which appeared in the

Federal Register on April 17, 1995 (60

FR 19165).

EFFECTIVE DATE: August 9, 1995.

FOR FURTHER INFORMATION CONTACT: For

information concerning this notice,

please contact John Austin, Office of

Solid Waste (5304), U.S. Environmental

Protection Agency, 401 M Street SW.,

Washington, DC 20460, (202) 260–4789.

SUPPLEMENTARY INFORMATION: In the

February 9, 1995 final rule (60 FR 7824),

EPA designated a number of discarded

commercial chemical products, offspecification species, container

residues, and spill residues as

hazardous wastes. EPA subsequently

corrected typographical and omission

errors in the listing of these chemicals

in the notice of April 17, 1995 (60 FR

19165). Today EPA is correcting a typo

and an omission to the April document.

The correction notice incorrectly

states the Chemical Abstract Number

(CAS) for the substance Mexacarbate.

The correct CAS number is 315–18–4.

The correction notice also fails to

include the addition of the substance

sodium diethyldithiocarbamate to the

Appendix A list of the additions to

CERCLA Section 302.4 in numerical

sequence of their CAS Registry

numbers. The Agency is amending

Appendix A to § 302.4 to reflect the

additions to § 304.4 that were finalized

by the February 9, 1995 document.

Dated: May 8, 1995.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

Accordingly, the publication on April

17, 1995 of corrections to the final

regulations, which were the subject of

FR Doc. 95–2983, is corrected as

follows:
25620 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

[CORRECTED]

1. On page 19165, the CAS number for

Mexacarbamate is revised to read 315–

18–4.

PART 302—DESIGNATION,

REPORTABLE QUANTITIES, AND

NOTIFICATION [CORRECTED]

§ 302.4 [Amended]

2. Section 302.4 is amended by

adding the following entry in numerical

order of the CAS Registry number to

Appendix A to § 302.4 to read as

follows.

APPENDIX A TO § 302.4.—SEQUENTIAL CAS REGISTRY NUMBER LIST OF CERCLA HAZARDOUS SUBSTANCES

CASRN Hazardous substance

* * * * * * *

148185 ................................................................ Carbamodithioic acid, diethyl-, sodium salt (Sodium diethyldithiocarbamate).

* * * * * * *

[FR Doc. 95–11793 Filed 5–11–95; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL TRANSPORTATION

SAFETY BOARD

49 CFR Part 821

Aviation Rules of Practice; General

Revisions

AGENCY: National Transportation Safety

Board.

ACTION: Final rule.

SUMMARY: This revision corrects an

inadvertent change. By Federal Register

notice published November 15, 1994 (59

FR 59042), the Safety Board revised a

number of its rules of practice,

including 49 CFR 821.48(e). The Board

inadvertently failed to retain a part of

that rule. This notice reinstates the

sentence that was dropped.

DATES: The new rule is effective on May

12, 1995.

FOR FURTHER INFORMATION CONTACT: Jane

F. Mackall, (202) 382–6540.

SUPPLEMENTARY INFORMATION: Effective

January 17, 1995, the Safety Board

implemented numerous revisions to its

rules of practice. The rule at 49 CFR

821.48(e) was revised to permit the

filing, subsequent to briefs, of citations

to supplemental authorities.

Unintentionally, the paragraph did not

retain then-current language prohibiting

other briefs, unless authorized on a

showing of good cause. To avoid any

future misinterpretation, by this notice,

that sentence is reinstated.

List of Subjects in 49 CFR Part 821

Administrative practice and

procedure, Airmen, Aviation safety.

Accordingly, 49 CFR Part 821 is

amended as set forth below.

PART 821—RULES OF PRACTICE IN

AIR SAFETY PROCEEDINGS

1. The authority citation for Part 821

continues to read as follows:

Authority: Title VI, Federal Aviation Act of

1958, as amended (49 U.S.C. 40101 et seq.);

Independent Safety Board Act of 1974, Pub.L.

93–633, 88 Stat. 2166 (49 U.S.C. 1101 et seq.),

and FAA Civil Penalty Administrative

Assessment Act of 1992, Pub.L. 102–345 (49

U.S.C. 46301), unless otherwise noted.

2. Section 821.48 is amended by

revising paragraph (e) to read as follows:

§ 821.48 Briefs and oral argument.

* * * * *

(e) Other briefs. Subsequent to brief

filing, parties may file citations to

supplemental authorities. This

procedure may be used only for

identifying new, relevant decisions, not

to correct omissions in briefing or to

respond to a reply. No argument may be

included in such filings. Parties shall

submit, with any decision, a reference to

the page of the brief to which the

decision pertains. Any response shall be

filed within 10 days and shall be

similarly limited. With this exception,

no further briefs may be filed, except

with specific permission of the Board

and on a showing of good cause.

* * * * *

Issued in Washington, D.C. on this 2nd day

of May, 1995.

Daniel D. Campbell,

General Counsel.

[FR Doc. 95–11252 Filed 5–11–95; 8:45 am]

BILLING CODE 7533–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217, 222, and 227

[Docket No. 950427117–5117–01; I.D.

040395A]

RIN 0648–AH97

Sea Turtle Conservation; Restrictions

Applicable to Shrimp Trawl Activities;

Leatherback Conservation Zone

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim rule.

SUMMARY: NMFS issues this interim rule

to establish all inshore and offshore

waters from Cape Canaveral, FL

(28°24.6′ N. lat.) to the North CarolinaVirginia border (36°30.5′ N. lat.) as the

leatherback conservation zone and to

provide for short-term closures of areas

in that zone when high abundance

levels of leatherback turtles are

documented. Upon such

documentation, NMFS will prohibit, in

the closed areas, fishing by any shrimp

trawler required to have a turtle

excluder device (TED) installed in each

net that is rigged for fishing, unless the

TED installed is specified in the

regulations as having an escape opening

large enough to exclude leatherback

turtles. This interim rule is necessary to

reduce mortality of endangered

leatherback sea turtles incidentally

captured in shrimp trawls. In addition,

NMFS is publishing a proposed rule

elsewhere in this Federal Register to

establish on a permanent basis the

leatherback conservation zone and

procedure for imposing short-term