Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations 51575 

For the reasons set forth in the 

preamble, 37 CFR part 42 is amended as 

follows. 

PART 42—TRIAL PRACTICE BEFORE 

THE PATENT TRIAL AND APPEAL 

BOARD 

■ 1. The authority citation for 37 CFR 

part 42 continues to read as follows: 

Authority: 35 U.S.C. 2(b)(2), 6, 21, 23, 41, 

135, 311, 312, 316, 321–326; Public Law 112– 

29, 125 Stat. 284; and Pub. L. 112–274, 126 

Stat. 2456. 

■ 2. Add § 42.57 to read as follows: 

§ 42.57 Privilege for patent practitioners. 

(a) Privileged communications. A 

communication between a client and a 

USPTO patent practitioner or a foreign 

jurisdiction patent practitioner that is 

reasonably necessary and incident to the 

scope of the practitioner’s authority 

shall receive the same protections of 

privilege under Federal law as if that 

communication were between a client 

and an attorney authorized to practice 

in the United States, including all 

limitations and exceptions. 

(b) Definitions. The term ‘‘USPTO 

patent practitioner’’ means a person 

who has fulfilled the requirements to 

practice patent matters before the 

United States Patent and Trademark 

Office under § 11.7 of this chapter. 

‘‘Foreign jurisdiction patent 

practitioner’’ means a person who is 

authorized to provide legal advice on 

patent matters in a foreign jurisdiction, 

provided that the jurisdiction 

establishes professional qualifications 

and the practitioner satisfies them. For 

foreign jurisdiction practitioners, this 

rule applies regardless of whether that 

jurisdiction provides privilege or an 

equivalent under its laws. 

(c) Scope of coverage. USPTO patent 

practitioners and foreign jurisdiction 

patent practitioners shall receive the 

same treatment as attorneys on all issues 

affecting privilege or waiver, such as 

communications with employees or 

assistants of the practitioner and 

communications between multiple 

practitioners. 

Joseph Matal, 

Associate Solicitor, 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. 2017–24190 Filed 11–6–17; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0280; FRL–9969–89– 

Region 5] 

Air Plan Approval; Wisconsin; 2017 

Revisions to NR 400 and 406 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Wisconsin State Implementation Plan 

(SIP) submitted by the Wisconsin 

Department of Natural Resources 

(WDNR) to EPA on May 16, 2017. The 

revision replaces the definition of 

‘‘emergency electric generator’’ with a 

broader definition of ‘‘restricted internal 

combustion engine’’. In addition, the 

revision makes amendments to 

procedures for revoking construction 

permits as well as language changes and 

other administrative updates. Lastly, 

WDNR is removing from the SIP two 

Wisconsin Administrative Code 

provisions that affect eligibility of 

coverage under general and construction 

permits. 

DATES: This direct final rule will be 

effective January 8, 2018, unless EPA 

receives adverse comments by 

December 7, 2017. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2017–0280 at http://

www.regulations.gov or via email to 

damico.genevieve@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the official comment (i.e. on 

the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Radhica Kanniganti, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–8097, 

kanniganti.radhica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Review of State Submittals 

II. What action is EPA taking? 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Review of State Submittals 

This final rulemaking addresses the 

May 16, 2017, WDNR submittal for SIP 

revision, revising the rules in the 

Wisconsin SIP to align them with 

Federal requirements. WDNR’s 

submittal includes changes to the term 

‘‘electric generator’’, replacing it with 

‘‘restricted internal combustion engine’’ 

as well as other minor language and 

administrative changes. Specifically, NR 

400.02(136m) replaces the existing 

definition of emergency ‘‘electric 

generator’’ with a broader definition of 

‘‘restricted internal combustion engine’’ 

and NR 406.04(1)(w) amends the 

exemption language for ‘‘emergency 

electric generators’’, replacing it with 

exemption for ‘‘restricted use 

reciprocating internal combustion 

engines’’. NR 406.08(1) and NR 406.10 

involve minor changes to language, and 

NR 406.11(1) amends procedures for 

revoking construction permits. These 

changes serve the purpose of aligning 

the state and Federal regulations and are 

consistent with the Federal program. 

WDNR is also requesting the removal of 

two provisions from the SIP. NR 

406.16(2)(d) and NR 406.17(3)(e) affect 

the eligibility of coverage under general 

and registration construction permits 

based on whether the project 

constituted a Type 2 action under the 

previous ch. NR 150. However, the 

current ch. NR 150 was amended and no 

longer defines or sets requirements for 

Type 2 actions. Removing these 

provisions from Wisconsin’s SIP 

ensures consistency with Wisconsin 

Environmental Protection Act (WEPA) 


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51576 Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations 

laws and does not affect consistency 

with the CAA. It is also consistent with 

Section 110(l) of the CAA. Sources 

covered under registration and general 

permits are still subject to all emission 

caps and applicable requirements set 

out in those permits. 

II. What action is EPA taking? 

EPA is approving revisions to 

Wisconsin’s rules NR 400 and NR 406. 

EPA finds WDNR’s submittal to be 

consistent with the CAA and applicable 

Federal requirements. WDNR’s May 16, 

2017, submittal requests that EPA 

approve the following rules into 

Wisconsin’s SIP: (1) NR 400.02(136m), 

NR 406.04(1)(w), NR 406.08(1), NR 

406.10 and NR 406.11(1). The submittal 

also requests removal of NR 406.16(2)(d) 

and NR 406.17(3)(e) from the SIP. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective January 8, 2018 without further 

notice unless we receive relevant 

adverse written comments by December 

7, 2017. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

January 8, 2018. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Wisconsin 

Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available through www.regulations.gov, 

and at the EPA Region 5 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 8, 2018. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 


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Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations 51577 

Dated: October 6, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.2570 is amended by 

revising paragraph (c)(113)(i)(D) and by 

adding paragraph (c)(137) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(113) * * * 

(i) * * * 

(D) NR 400.02(73m) and (131m), 

406.02(1) and (2), 406.04(2m), NR 

406.11(1)(g)(1), 406.11(3), 406.16, 

406.17, 406.18, 407.02(3m), 407.105, 

407.107, 407.14 Note, 407.14(4)(c), 

407.15(8)(a) and 410.03(1)(a)(6) and (7) 

as created and published in the 

(Wisconsin) Register, August 2005, No. 

596, effective September 1, 2005. 

Sections NR 406.16(2)(d) and NR 

406.17(3)(e) were repealed in 2015 and 

are removed without replacement; see 

paragraph (c)(137) of this section. 

* * * * * 

(137) On May 16, 2017, the Wisconsin 

Department of Natural Resources 

submitted a request to revise 

Wisconsin’s air permitting rules NR 

400.02(136m), NR 406.04(1)(w), NR 

406.08(1), NR 406.10 and NR 406.11(1). 

These revisions replace the existing 

definition of ‘‘emergency electric 

generator’’ with a broader definition of 

‘‘restricted internal combustion engine’’, 

amend procedures for revoking 

construction permits and include minor 

language changes and other 

administrative updates to ensure 

consistency with State and Federal 

regulations. Wisconsin has also 

requested to remove from the SIP NR 

406.16(2)(d) and NR 406.17(3)(e), 

provisions affecting eligibility of 

coverage under general and registration 

construction permits, previously 

approved in paragraph (c)(113) of this 

section. This action ensures consistency 

with Wisconsin Environmental 

Protection Act (WEPA) laws. 

(i) Incorporation by reference. 

(A) Wisconsin Administrative Code, 

NR 400.02(136m) as published in the 

Wisconsin Administrative Register 

November 2015 No. 719A1, effective 

December 1, 2015. 

(B) Wisconsin Administrative Code, 

NR 406.04(1)(w), NR 406.08(1), NR 

406.10 and NR 406.11(1) as published in 

the Wisconsin Administrative Register 

November 2015 No. 719A1, effective 

December 1, 2015. 

(ii) [Reserved] 

[FR Doc. 2017–23048 Filed 11–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140722613–4908–02] 

RIN 0648–XF765 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and Atlantic Region; 

Commercial Closure for Spanish 

Mackerel 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial Spanish mackerel in the 

northern zone of the Atlantic exclusive 

economic zone (EEZ) through this 

temporary rule. NMFS has determined 

that the revised commercial quota for 

Spanish mackerel in the northern zone 

of the Atlantic EEZ will be reached by 

November 7, 2017. Therefore, NMFS 

closes the northern zone of the Atlantic 

EEZ to commercial harvest of Spanish 

mackerel on November 7, 2017. This 

closure is necessary to protect the 

Spanish mackerel resource in the 

Atlantic. 

DATES: The closure is effective at 12:01 

a.m., local time, November 7, 2017, 

until 12:01 a.m., local time, March 1, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

includes king mackerel, Spanish 

mackerel, and cobia, and is managed 

under the Fishery Management Plan for 

the Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region (FMP). The FMP was prepared 

by the Gulf of Mexico and South 

Atlantic Fishery Management Councils 

and is implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights described for Spanish mackerel 

in the Atlantic EEZ apply as either 

round or gutted weight. 

On November 20, 2014, NMFS 

published a final rule in the Federal 

Register to implement Framework 

Amendment 1 to the FMP (79 FR 

69058). That final rule implemented a 

commercial annual catch limit (equal to 

the commercial quota) of 3.33 million lb 

(1.51 million kg) for the Atlantic 

migratory group of Spanish mackerel 

(Atlantic Spanish mackerel). Atlantic 

Spanish mackerel are divided into 

northern and southern zones for 

management purposes. The northern 

zone commercial quota for Atlantic 

Spanish mackerel is 662,670 lb (300,582 

kg) for the current fishing year, March 

1, 2017, through February 28, 2018 (50 

CFR 622.384(c)(2)(i)). 

Regulations at 50 CFR 

622.384(c)(2)(iii) allow for quota 

transfers between the northern and 

southern zones with the approval from 

the Regional Administrator (RA) of the 

NMFS Southeast Region. North Carolina 

or Florida, in consultation with the 

other states in the respective zones, may 

request approval from the RA to transfer 

part or all of a respective zone’s annual 

commercial quota to the other zone. For 

the purposes of quota closures as 

described in 50 CFR 622.8, the receiving 

zone’s quota will be the original quota 

plus any transferred amount, for that 

fishing year only. Landings associated 

with any transferred quota will be 

included in the total landings for the 

Atlantic migratory group, which will be 

evaluated relative to the total ACL. 

In a letter dated October 30, 2017, the 

State of Florida requested the transfer of 

100,000 lb (45,359 kg) of Atlantic 

Spanish mackerel commercial quota 

from the southern zone to the northern 

zone to allow the commercial quota for 

both zones to be fully harvested. NMFS 

approved the transfer of commercial 

quota, and therefore, the revised 

northern zone commercial quota for 

Spanish mackerel is 762,670 lb (345,941 

kg) and the revised southern zone 

commercial quota is 2,567,330 lb 

(1,164,521 kg) in the current fishing 

year, March 1, 2017, through February 

28, 2018. 

The northern zone for Atlantic 

Spanish mackerel extends in Federal 

waters off New York, New Jersey, 

Delaware, Maryland, Virginia, and 

North Carolina. The northern boundary 

of the northern zone extends from an 

intersection point off New York, 


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