Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 45999 

representative and to the respective 

stranding network representative. 

ESA 

On March 18, 2005, the U.S. Air Force 

(USAF), Eglin AFB, requested initiation 

of formal consultation on all potential 

environmental impacts to ESA-listed 

species from all Eglin AFB mission 

activities on SRI and within the surf 

zone near SRI. These missions include 

the surf zone detonation and 

amphibious vehicle and weapon testing/ 

training that are the subject of this 

proposed IHA. On October 12, 2005, 

NMFS issued a Biological Opinion, 

concluding that the surf zone and 

amphibious vehicle and weapon testing/ 

training are unlikely to jeopardize the 

continued existence of species listed 

under the ESA that are within the 

jurisdiction of NMFS or destroy or 

adversely modify critical habitat. Eglin 

AFB also consulted with the FWS for 

the SRI programmatic program 

regarding ESA-listed species and critical 

habitat under FWS jurisdiction. On 

December 1, 2005, FWS issued a 

Biological Opinion and concluded that 

the proposed mission activities are not 

likely to adversely affect these ESAlisted species based on Eglin’s 

commitment to incorporate measures to 

avoid and minimize impacts to these 

species. 

NEPA 

In March, 2005, the USAF prepared 

the Santa Rosa Island Mission 

Utilization Plan Programmatic 

Environmental Assessment (SRI Mission 

PEA). NMFS reviewed this PEA and 

determined that it satisfies, in large part, 

the standards under the Council on 

Environmental Quality’s regulations and 

NOAA Administrative Order 216–6 for 

implementing the procedural provisions 

of the NEPA (40 CFR sec. 1508.3). On 

May 9, 2007, and April 4, 2008, Eglin 

AFB submitted additional information 

for consideration in re-assessing the 

cumulative impacts associated with the 

proposed issuance of this IHA. 

However, these analyses did not address 

the impact on the environment which 

results from the incremental impact of 

the action when added to other past, 

present, and reasonably foreseeable 

future actions. Therefore, NMFS 

prepared its own supplemental EA to 

update the cumulative impacts analysis. 

A Finding of Non-Significant Impact 

statement is issued on July 24, 2008. 

Determinations 

NMFS has determined that the surf 

zone and amphibious vehicle and 

weapon testing/training that are 

proposed by Eglin AFB off the coast of 

SRI, is unlikely to result in the mortality 

or injury of marine mammals (see 

Tables 2 and 3) and, would result in, at 

worst, a temporary modification in 

behavior by marine mammals. While 

behavioral modifications may be made 

by these species as a result of the surf 

zone detonation and amphibious 

vehicle training activities, any 

behavioral change is expected to have a 

negligible impact on the affected species 

or stocks. As there is no subsistence use 

of these marine mammal species in the 

action area, any behavioral change will 

have no impact on subsistence use. 

Also, given the infrequency of the 

testing/training missions (maximum of 

once per year for surf zone detonation 

and maximum of twice per year for 

amphibious assault training involving 

live fire), there is no potential for longterm displacement or long-lasting 

behavioral impacts of marine mammals 

within the proposed action area. In 

addition, the potential for temporary 

hearing impairment is very low and 

would be mitigated to the lowest level 

practicable through the incorporation of 

the mitigation measures mentioned in 

this document. 

Authorization 

NMFS has issued an IHA, pursuant to 

section 101(a)(5)(D), to Eglin AFB for 

conducting surf zone and amphibious 

vehicle and weapon testing/training off 

the coast of SRI in the northern GOM 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are implemented. 

Dated: July 24, 2008. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–18136 Filed 8–6–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No.: PTO–P–2008–0035] 

Clarification of Patent Regulations 

Currently in Effect, and Revision in 

Applicability Date of Provisions 

Relating to Patent Applications 

Containing Patentably Indistinct 

Claims 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) is 

publishing this notice to clarify which 

patent-related regulations are currently 

in effect. The USPTO is identifying the 

applicability date of those regulatory 

provisions relating to applications 

containing patentably indistinct claims 

which are enjoined in Tafas v. Dudas, 

530 F. Supp. 2d 786 (E.D. Va. 2008). 

Should the injunction be lifted, those 

regulations will apply only to 

applications filed on or after any new 

effective date that would be published 

by the USPTO in the future. 

DATES: Effective Date: August 7, 2008. 

FOR FURTHER INFORMATION CONTACT: The 

Office of Patent Legal Administration, 

by telephone at (571) 272–7704, or by email at PatentPractice@uspto.gov. 

SUPPLEMENTARY INFORMATION: In 2007, 

the United States Patent and Trademark 

Office (USPTO) published a final rule 

revising the rules of practice in patent 

cases in title 37 of the Code of Federal 

Regulations (CFR) relating to continuing 

applications and requests for continued 

examination practices, and for the 

examination of claims in patent 

applications. See Changes to Practice 

for Continued Examination Filings, 

Patent Applications Containing 

Patentably Indistinct Claims, and 

Examination of Claims in Patent 

Applications, 72 FR 46716 (Aug. 21, 

2007), 1322 Off. Gaz. Pat. Office 76 

(Sept. 11, 2007) (Claims and 

Continuations Final Rule). 

The Claims and Continuations Final 

Rule amended existing 37 CFR 1.17(f), 

1.26(a) and (b), 1.52(d)(2), 1.53(b) and 

(c)(4), 1.75(b) and (c), 1.76(b)(5), 1.78, 

1.104(a)(1) and (b), 1.110, 1.114(a) and 

(d), 1.136(a)(1), 1.142(a), 1.145, and 

1.495(g), and added new 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). 

With respect to 37 CFR 1.704(c)(11), 

the Claims and Continuations Final 

Rule redesignated existing 37 CFR 

1.704(c)(11) as 37 CFR 1.704(c)(12) and 

added a new 37 CFR 1.704(c)(11). 

The changes in the Claims and 

Continuations Final Rule were 

permanently enjoined by the district 

court in Tafas v. Dudas, 530 F. Supp. 

2d 786 (E.D. Va. 2008). That decision is 

currently on appeal to the U.S. Court of 

Appeals for the Federal Circuit. 

The provisions of 37 CFR 1.17(f), 

1.26(a) and (b), 1.52(d)(2), 1.53(b) and 

(c)(4), 1.75(b) and (c), 1.76(b)(5), 1.78, 

1.104(a)(1) and (b), 1.110, 1.114(a) and 

(d), 1.136(a)(1), 1.142(a), 1.145, 1.495(g), 

and 1.704(c)(11) in effect as of August 

7, 2008 are the provisions of 37 CFR 

1.17(f), 1.26(a) and (b), 1.52(d)(2), 

1.53(b) and (c)(4), 1.75(b) and (c), 

1.76(b)(5), 1.78, 1.104(a)(1) and (b), 

1.110, 1.114(a) and (d), 1.136(a)(1), 

1.142(a), 1.145, 1.495(g), and 

1.704(c)(11) in effect on October 31, 

2007, and may be found in the July 2007 


sroberts on PROD1PC70 with NOTICES
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