Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Rules and Regulations 35229 

access to Government information and 

services, and for other purposes. 

List of Subjects in 37 CFR Part 1 

Administrative practice and 

procedure, Biologics, Courts, Freedom 

of information, Inventions and patents, 

Reporting and recordkeeping 

requirements, Small businesses. 

For the reasons stated in the 

preamble, the USPTO amends chapter 1 

of title 37 as follows: 

PART 1—RULES OF PRACTICE IN 

PATENT CASES 

■ 1. The authority citation for part 1 

continues to read as follows: 

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

otherwise noted. 

§ 1.4 [Amended] 

■ 2. Section 1.4 is amended by 

removing and reserving paragraph (e). 

§ 1.6 [Amended] 

■ 3. Section 1.6 is amended by 

removing and reserving paragraph 

(d)(1). 

Andrew Hirshfeld, 

Commissioner for Patents, Performing the 

Functions and Duties of the Under Secretary 

of Commerce for Intellectual Property and 

Director of the United States Patent and 

Trademark Office. 

[FR Doc. 2021–14036 Filed 7–1–21; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Parts 1 and 2 

[Docket No. PTO–P–2020–0063] 

RIN 0651–AD52 

Mailing Address Changes Related to 

USPTO Deposit Accounts and Patent 

Maintenance Fees 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO or Office) is 

revising the Rules of Practice to update 

the addresses for payments of patent 

maintenance fees that are not submitted 

electronically, correspondence related 

to maintenance fees, and the 

replenishment of a USPTO deposit 

account by mail. From December 15, 

2020, through December 14, 2021, 

maintenance fee payments, maintenance 

fee-related correspondence, and USPTO 

deposit account replenishments sent to 

the old addresses will be forwarded to 

the new addresses. 

DATES: This final rule is effective on July 

2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Inquiries related to maintenance fees 

and USPTO deposit accounts may be 

made by calling 571–272–6500. 

Inquiries related to this final rule should 

be directed to Matthew Lee, Office of 

Finance, USPTO, at matthew.lee@

uspto.gov. 

SUPPLEMENTARY INFORMATION: To 

improve operational efficiencies and 

consolidate space, the USPTO’s Office 

of Finance, which includes the 

Maintenance Fee and Deposit Account 

Branches, was relocated as of December 

15, 2020, from 2051 Jamieson Avenue, 

Suite 300, in Alexandria, Virginia, to the 

main USPTO campus in Alexandria, 

Virginia. Accordingly, this final rule 

updates the Rules of Practice in Patent 

Cases and the Rules of Practice in 

Trademark Cases with both the new 

mailing address for patent maintenance 

fees and maintenance fee-related 

correspondence and the new mailing 

address for USPTO deposit account 

replenishments. As of December 15, 

2020, correspondence sent by U.S. 

Postal Service (USPS) first-class mail to 

pay a USPTO patent maintenance fee, as 

well as other maintenance fee-related 

correspondence, should be mailed to: 

Mail Stop Maintenance Fee, Director of 

the United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, 

Virginia 22313–1450. 

Also as of December 15, 2020, checks 

and money orders that are sent by USPS 

first-class mail to replenish a USPTO 

deposit account should be mailed to: 

Mail Stop Deposit Accounts, Director of 

the United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, 

Virginia 22313–1450. 

From December 15, 2020, through 

December 14, 2021, maintenance fee 

payments, maintenance fee-related 

correspondence, and USPTO deposit 

account replenishments sent to the 

Jamieson Avenue addresses will be 

forwarded to the new addresses. After 

December 14, 2021, such mailings may 

be returned to the sender by the USPS. 

The appropriate sections of the 

Manual of Patent Examining Procedure 

and the Trademark Manual of 

Examining Procedure will be revised in 

due course to reflect these mailing 

address changes. 

Maintenance fee payments and 

USPTO deposit account replenishments 

submitted electronically on the USPTO 

website at www.uspto.gov are not 

affected by these mailing address 

changes. 

Discussion of Specific Rules 

The following is a discussion of the 

amendments to 37 CFR part 1. 

Section 1.1: Section 1.1(a) is amended 

to remove the reference to paragraph 

(d)(1) of this section from the listed 

exceptions. 

Section 1.1(d) is amended to add the 

paragraph heading ‘‘Payments of patent 

maintenance fees’’ and to change the 

address for payments of patent 

maintenance fees that are not submitted 

electronically and correspondence 

related to maintenance fees to ‘‘Mail 

Stop Maintenance Fee, Director of the 

United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, 

Virginia 22313–1450.’’ 

Section 1.25: Section 1.25(c) is 

amended to remove the reference to 

paragraph (c)(4) of this section, as the 

paragraph was previously removed. 

Section 1.25(c)(3) is amended to 

change the address for payments to 

replenish a USPTO deposit account to 

‘‘Mail Stop Deposit Accounts, Director 

of the United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, Virginia 22313–1450.’’ 

The following is a discussion of the 

amendment to 37 CFR part 2. 

Section 2.208: Section 2.208(c)(3) is 

amended to change the address for 

payments to replenish a USPTO deposit 

account to ‘‘Mail Stop Deposit 

Accounts, Director of the United States 

Patent and Trademark Office, P.O. Box 

1450, Alexandria, Virginia 22313– 

1450.’’ 

Rulemaking Considerations 

A. Administrative Procedure Act: 

Since this final rule is directed to 

changing an Office address, this final 

rule merely involves rules of agency 

organization, procedure, or practice 

within the meaning of 5 U.S.C. 

553(b)(A) and is a non-substantive 

change to the regulations. Accordingly, 

this final rule may be adopted without 

prior notice and opportunity for public 

comment under 5 U.S.C. 553(b) and (c). 

Furthermore, the Office finds good 

cause to waive the 30-day delayed 

effectiveness period, as provided by 5 

U.S.C. 553(d)(3), because such delay 

would be contrary to the public interest 

in providing accurate contact 

information for the Office. 

B. Regulatory Flexibility Act: As prior 

notice and an opportunity for public 

comment are not required pursuant to 5 

U.S.C. 553 (or any other law), neither a 

Regulatory Flexibility Act analysis nor a 

certification under the Regulatory 


lotter on DSK11XQN23PROD with RULES1
35230 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Rules and Regulations 

Flexibility Act (5 U.S.C. 601 et seq.) is 

required. See 5 U.S.C. 605(b). 

C. Executive Order 12866 (Regulatory 

Planning and Review): This rulemaking 

has been determined to be not 

significant for purposes of Executive 

Order 12866 (Sept. 30, 1993). 

D. Executive Order 13563 (Improving 

Regulation and Regulatory Review): The 

Office has complied with Executive 

Order 13563 (Jan. 18, 2011). 

Specifically, the Office has, to the extent 

feasible and applicable: (1) Made a 

reasoned determination that the benefits 

justify the costs of the rule; (2) tailored 

the rule to impose the least burden on 

society consistent with obtaining the 

regulatory objectives; (3) selected a 

regulatory approach that maximizes net 

benefits; (4) specified performance 

objectives; (5) identified and assessed 

available alternatives; (6) involved the 

public in an open exchange of 

information and perspectives among 

experts in relevant disciplines, affected 

stakeholders in the private sector, and 

the public as a whole, and provided 

online access to the rulemaking docket; 

(7) attempted to promote coordination, 

simplification, and harmonization 

across government agencies and 

identified goals designed to promote 

innovation; (8) considered approaches 

that reduce burdens and maintain 

flexibility and freedom of choice for the 

public; and (9) ensured the objectivity of 

scientific and technological information 

and processes. 

E. Executive Order 13132 

(Federalism): This rulemaking does not 

contain policies with federalism 

implications sufficient to warrant 

preparation of a Federalism Assessment 

under Executive Order 13132 (Aug. 4, 

1999). 

F. Executive Order 13175 (Tribal 

Consultation): This rulemaking will not: 

(1) Have substantial direct effects on one 

or more Indian tribes, (2) impose 

substantial direct compliance costs on 

Indian tribal governments, or (3) 

preempt tribal law. Therefore, a Tribal 

Summary Impact Statement is not 

required under Executive Order 13175 

(Nov. 6, 2000). 

G. Executive Order 13211 (Energy 

Effects): This rulemaking is not a 

significant energy action under 

Executive Order 13211 because this 

rulemaking is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Therefore, 

a Statement of Energy Effects is not 

required under Executive Order 13211 

(May 18, 2001). 

H. Executive Order 12988 (Civil 

Justice Reform): This rulemaking meets 

applicable standards to minimize 

litigation, eliminate ambiguity, and 

reduce burden as set forth in sections 

3(a) and 3(b)(2) of Executive Order 

12988 (Feb. 5, 1996). 

I. Executive Order 13045 (Protection 

of Children): This rulemaking does not 

concern an environmental risk to health 

or safety that may disproportionately 

affect children under Executive Order 

13045 (Apr. 21, 1997). 

J. Executive Order 12630 (Taking of 

Private Property): This rulemaking will 

not affect a taking of private property or 

otherwise have taking implications 

under Executive Order 12630 (Mar. 15, 

1988). 

K. Congressional Review Act: Under 

the Congressional Review Act 

provisions of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (5 U.S.C. 801 et seq.), prior to 

issuing any final rule, the USPTO will 

submit a report containing the rule and 

other required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the Government 

Accountability Office. The changes in 

this rulemaking are not expected to 

result in an annual effect on the 

economy of $100 million or more, a 

major increase in costs or prices, or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based enterprises to 

compete with foreign-based enterprises 

in domestic and export markets. 

Therefore, this rulemaking is not a 

‘‘major rule’’ as defined in 5 U.S.C. 

804(2). 

L. Unfunded Mandates Reform Act of 

1995: The changes set forth in this 

rulemaking do not involve a Federal 

intergovernmental mandate that will 

result in the expenditure by state, local, 

and tribal governments, in the aggregate, 

of $100 million (as adjusted) or more in 

any one year, or a Federal private sector 

mandate that will result in the 

expenditure by the private sector of 

$100 million (as adjusted) or more in 

any one year, and will not significantly 

or uniquely affect small governments. 

Therefore, no actions are necessary 

under the provisions of the Unfunded 

Mandates Reform Act of 1995. See 2 

U.S.C. 1501 et seq. 

M. National Environmental Policy Act 

of 1969: This rulemaking will not have 

any effect on the quality of the 

environment and is thus categorically 

excluded from review under the 

National Environmental Policy Act of 

1969. See 42 U.S.C. 4321 et seq. 

N. National Technology Transfer and 

Advancement Act of 1995: The 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) are not applicable because this 

rulemaking does not contain provisions 

that involve the use of technical 

standards. 

O. Paperwork Reduction Act of 1995: 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501) requires that the Office 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. This rulemaking 

does not involve any new information 

collection requirements that are subject 

to review by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall any person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act unless that collection of 

information has a valid OMB control 

number. 

List of Subjects 

37 CFR Part 1 

Administrative practice and 

procedure, Biologics, Courts, Freedom 

of information, Inventions and patents, 

Reporting and recordkeeping 

requirements, Small businesses. 

37 CFR Part 2 

Administrative practice and 

procedure, Courts, Lawyers, 

Trademarks. 

For the reasons set forth in the 

preamble, 37 CFR parts 1 and 2 are 

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 1.1 is amended by revising 

paragraph (a) introductory text and 

paragraph (d) to read as follows: 

§ 1.1 Addresses for non-trademark 

correspondence with the United States 

Patent and Trademark Office. 

(a) In general. Except as provided in 

paragraphs (a)(3)(i) and (a)(3)(ii) of this 

section, all correspondence intended for 

the United States Patent and Trademark 

Office must be addressed to either 

‘‘Director of the United States Patent 

and Trademark Office, P.O. Box 1450, 

Alexandria, Virginia 22313–1450’’ or to 

specific areas within the Office as set 

out in paragraphs (a)(1) and (a)(3)(iii) of 

this section. When appropriate, 

correspondence should also be marked 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Rules and Regulations 35231 

for the attention of a particular office or 

individual. 

* * * * * 

(d) Payments of patent maintenance 

fees. Payments of patent maintenance 

fees that are not submitted 

electronically and correspondence 

related to maintenance fees may be 

addressed to: Mail Stop Maintenance 

Fee, Director of the United States Patent 

and Trademark Office, P.O. Box 1450, 

Alexandria, Virginia 22313–1450. 

* * * * * 

■ 3. Section 1.25 is amended by revising 

paragraphs (c) introductory text and 

(c)(3) to read as follows: 

§ 1.25 Deposit Accounts. 

* * * * * 

(c) A deposit account holder may 

replenish the deposit account by 

submitting a payment to the United 

States Patent and Trademark Office. A 

payment to replenish a deposit account 

must be submitted by one of the 

methods set forth in paragraphs (c)(1), 

(c)(2), or (c)(3) of this section. 

* * * * * 

(3) A payment to replenish a deposit 

account may be addressed to: Mail Stop 

Deposit Accounts, Director of the 

United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, 

Virginia 22313–1450. 

PART 2—RULES OF PRACTICE IN 

TRADEMARK CASES 

■ 4. The authority citation for 37 CFR 

part 2 continues to read as follows: 

Authority: 15 U.S.C. 1113, 15 U.S.C. 1123, 

35 U.S.C. 2, section 10(c) of Pub. L. 112–29. 

■ 5. Section 2.208 is amended by 

revising paragraph (c)(3) to read as 

follows: 

§ 2.208 Deposit Accounts. 

* * * * * 

(c) * * * 

(3) A payment to replenish a deposit 

account may be addressed to: Mail Stop 

Deposit Accounts, Director of the 

United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, 

Virginia 22313–1450. 

Andrew Hirshfeld, 

Commissioner for Patents, Performing the 

Functions and Duties of the Under Secretary 

of Commerce for Intellectual Property and 

Director of the United States Patent and 

Trademark Office. 

[FR Doc. 2021–14035 Filed 7–1–21; 8:45 am] 

BILLING CODE 3510–16–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–54; RM–11879; DA 21– 

702; FR ID 34796] 

Television Broadcasting Services 

Peoria and Oswego, Illinois 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On April 14, 2021, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by Four Seasons 

Peoria, LLC (Petitioner), requesting an 

amendment of the DTV Table of 

Allotments to delete channel 10 at 

Peoria, Illinois, substitute channel 10 at 

Oswego, Illinois, and modify the WAOE 

license to specify Oswego as its 

community of license. For the reasons 

set forth in the Report and Order 

referenced below, channel 10 is deleted 

from Peoria, Illinois, and allotted to 

Oswego, Illinois. Further, WAOE’s 

community of license is modified to 

Oswego, Illinois. 

DATES: Effective July 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Manley, Media Bureau, at (202) 

418–0596 or Andrew.Manley@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 86 FR 

18934 on April 12, 2021. The Petitioner 

filed comments in support of the 

petition. No other comments were filed. 

We believe the public interest would be 

served by allotting channel 10 at 

Oswego, Illinois. Oswego (pop. 34,383) 

is the largest community in Kendall 

County, Illinois, and clearly qualifies for 

community of license status for 

allotment purposes. In addition, the 

proposal would result in a first local 

service to Oswego. Moreover, the 

allotment is consistent with the 

minimum geographic spacing 

requirements for new DTV allotments in 

the Commission’s rules, and the 

allotment point complies with the rules 

as the entire community of Oswego is 

encompassed by the 43 dBm contour. 

Finally, since the Petitioner does not 

propose any changes in WAOE’s 

authorized facilities, the authorized and 

proposed facilities are mutually 

exclusive. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 21–54; RM–11879; DA 21– 

702, adopted June 16, 2021, and 

released June 16, 2021. The full text of 

this document is available for download 

at https://www.fcc.gov/edocs. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(i), amend the PostTransition Table of DTV Allotments, 

under Illinois, by adding an entry in 

alphabetical order for ‘‘Oswego’’ and 

revising the entry for ‘‘Peoria’’ to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(i) * * * 

Community Channel No. 

* * * * * 

ILLINOIS 

* * * * * 

Oswego ................................. 10. 


lotter on DSK11XQN23PROD with RULES1