46000 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 

Revision of the Code of Federal 

Regulations. 

The provisions 37 CFR 1.105(a)(1)(ix), 

1.114(f), (g), and (h), 1.117, 1.142(c), 

1.265, and 1.704(c)(11) as added by the 

Claims and Continuations Final Rule are 

not in effect as of August 7, 2008. 

The USPTO anticipates that it will be 

some time before the litigation 

concerning the Claims and 

Continuations Final Rule is finally 

resolved. The USPTO is concerned that 

some applicants may be taking 

preparatory action anticipating the new 

requirements of 37 CFR 1.78(f)(1) and 

(2), as added by the Claims and 

Continuations Final Rule, due to the 

possibility that the injunction by the 

district court in Tafas will be removed. 

The purpose of this notice is to aid 

applicants who might otherwise feel the 

need to take such preparatory actions by 

identifying the applicability date of the 

provisions of 37 CFR 1.78(f) in the event 

that the injunction by the district court 

in Tafas is removed. Specifically, the 

changes in 37 CFR 1.78(f)(1) and (f)(2) 

will only apply to applications filed on 

or after any new effective date that 

would be published by the USPTO after 

the removal of the injunction. Thus, in 

the event the referenced injunction is 

lifted, applicants will only need to 

comply with the identification 

requirements of 37 CFR 1.78(f)(1) in 

applications having an actual filing date 

on or after this new effective date. 

Likewise applicants will only have to 

identify other commonly owned 

applications that satisfy the conditions 

set forth in 37 CFR 1.78(f)(1)(i) in 

applications that have a filing date on or 

after this new effective date. Similarly, 

the rebuttable presumption of 37 CFR 

1.78(f)(2) will only apply to applications 

having an actual filing date on or after 

the effective date. Furthermore, the 

rebuttable presumption will only exist 

with respect to an application that 

satisfies the conditions set forth in 37 

CFR 1.78(f)(2)(i) and also has a filing 

date on or after this new effective date. 

Dated: August 1, 2008. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E8–18224 Filed 8–6–08; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, August 

22, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18323 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday August 

8, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC., 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18329 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday August 

15, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18333 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 2 p.m., Wednesday 

August 20, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18335 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday August 

29, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18347 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2506–144–MI] 

Upper Peninsula Power Company; 

Notice of Availability of Environmental 

Assessment 

July 30, 2008. 

In accordance with the National 

Environmental Policy Act of 1969 and 

the Federal Energy Regulatory 

Commission’s regulations, 18 CFR part 

380 (Order No. 486, 52 FR 47879), the 

Office of Energy Projects has reviewed 

Upper Peninsula Power Company’s 

proposed shoreline management plan 

for the Escanaba Hydroelectric Project, 

located on the Middle Branch of the 

Escanaba River in Marquette County, 

Michigan, and has prepared an 

Environmental Assessment (EA). 

A copy of the EA is on file with the 

Commission and is available for public 

inspection. The EA may also be viewed 

on the Commission’s Web site at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number (P–2506) excluding the last 

three digits in the docket number field 

to access the document. For assistance, 

contact FERC Online Support at 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 46001 

FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, 

(202) 502–8659. 

Any comments on the EA should be 

filed by August 29, 2008, and should be 

addressed to the Secretary, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Room 1–A, 

Washington, DC 20426. Please reference 

the project name and project number 

(P–2506) on all comments. Comments 

may be filed electronically via Internet 

in lieu of paper. The Commission 

strongly encourages electronic filings. 

See 18 CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site under the ‘‘eFiling’’ link. For further 

information, contact Jon Cofrancesco at 

(202) 502–8951. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E8–18060 Filed 8–6–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2482–078] 

Erie Boulevard Hydropower, L.P.; 

Notice of Availability of Environmental 

Assessment 

July 30, 2008. 

An environmental assessment (EA) is 

available for public review. The EA was 

prepared for an application filed by Erie 

Boulevard Hydropower, L.P on April 21, 

2008, requesting the Commission’s 

authorization to permit the Saratoga 

County Water Authority (SCWA) to 

withdraw water at a rate of 14 million 

gallons per day from the Sherman Island 

reservoir for municipal use. 

The EA evaluates the environmental 

impacts that would result from 

permitting the SCWA to withdraw water 

from the Sherman Island reservoir. The 

proposal would include the 

construction of a screened intake facility 

placed on the bottom of the reservoir 

and a section of buried pipe that would 

extend to a pumping station located 

outside the project boundary. The EA 

finds that approval of the application 

would not constitute a major federal 

action significantly affecting the quality 

of the human environment. 

A copy of the EA is attached to a 

Commission order titled ‘‘Order 

Approving Non-Project Use of Lands 

and Waters’’, issued July 30, 2008 and 

is available for review at the 

Commission in the Public Reference 

Room, or it may be viewed on the 

Commission’s Web site at http:// 

www.ferc.gov using the eLibrary link. 

Enter the docket number ‘‘P–2482’’ in 

the docket field to access the document. 

For assistance, call toll-free 1–(866)–

208–3372 or (202) 502–8659 (for TTY). 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E8–18059 Filed 8–6–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. QF08–580–000] 

Georgia-Pacific Brewton, LLC; Notice 

of Filing of Notice of Self-Certification 

of Qualifying Status of a Cogeneration 

Facility 

July 30, 2008. 

Take notice that on May 29, 2008, 

Georgia-Pacific Brewton LLC (GP), 

32224 Highway 31, Brewton, Alabama 

36426, filed with the Federal Energy 

Regulatory Commission a notice of selfcertification of a facility as a qualifying 

cogeneration facility pursuant to 18 CFR 

292.207(a) of the Commission’s 

regulations. 

GP states that the facility in question 

is a topping-cycle cogeneration facility 

with primary energy sources of black 

liquor and natural gas. The cogeneration 

facility consists of three recovery 

boilers, three power boilers, and three 

steam turbines to generate electricity 

and process heat to serve the resident 

paper mill. The facility is located in 

Brewton, Alabama. 

GP further states that the facility is 

interconnected to Alabama Power 

Corporation (APC), and expects from 

time-to-time to sell energy to or 

purchase supplementary, standby, backup, and maintenance power from APC. 

A notice of self-certification does not 

institute a proceeding regarding 

qualifying facility status; a notice of selfcertification provides notice that the 

entity making filing has determined the 

Facility meets the applicable criteria to 

be a qualifying facility. Any person 

seeking to challenge such qualifying 

facility status may do so by filing a 

motion pursuant to 18 CFR 

292.207(d)(iii). 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E8–18062 Filed 8–6–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. QF08–530–000] 

Lowe’s Home Improvement Centers, 

Inc.; Notice of Filing of Notice of SelfCertification of Qualifying Status of a 

Cogeneration Facility 

July 30, 2008. 

Take notice that on April 28, 2008, 

Lowe’s Home Improvement Centers, 

Inc., Wilkesboro, North Carolina, filed 

with the Federal Energy Regulatory 

Commission a notice of self-certification 

of a facility as a qualifying cogeneration 

facility pursuant to 18 CFR 292.207(a) of 

the Commission’s regulations. 

This qualifying cogeneration facility 

consists of a 500 kW packaged diesel 

engine generator set operating on #2 fuel 

oil. The package is set on a concrete 

pad. The unit is self-contained, 

including all necessary switchgear and 

controls. The electricity is generated at 

480 V, 3 phase, 60 Hz. The facility is 

located at 111 River Oaks Drive, 

Tarboro, NC 27886. 

This qualifying facility interconnects 

with the Town of Tarboro’s electric 

distribution system. The facility will 

provide standby power and occasionally 

supplementary power to Lowe’s Home 

Improvement Center. 

A notice of self-certification does not 

institute a proceeding regarding 

qualifying facility status; a notice of selfcertification provides notice that the 

entity making the filing has determined 

the Facility meets the applicable criteria 

to be a qualifying facility. Any person 

seeking to challenge such qualifying 

facility status may do so by filing a 

motion pursuant to 18 CFR 

292.207(d)(iii). 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 


sroberts on PROD1PC70 with NOTICES