67096 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations

months from the actual filing date of the

later-filed application or sixteen months

from the filing date of the prior-filed

provisional application. If the later-filed

application is a nonprovisional

application which entered the national

stage from an international application

after compliance with 35 U.S.C. 371,

this reference must also be submitted

within the later of four months from the

date on which the national stage

commenced under 35 U.S.C. 371(b) or

(f) in the later-filed international

application or sixteen months from the

filing date of the prior-filed provisional

application. These time periods are not

extendable. Except as provided in

paragraph (a)(6) of this section, the

failure to timely submit the reference is

considered a waiver of any benefit

under 35 U.S.C. 119(e) to such priorfiled provisional application. The time

periods in this paragraph do not apply

if the later-filed application is:

(A) An application filed under 35

U.S.C. 111(a) before November 29, 2000;

or

(B) A nonprovisional application

which entered the national stage after

compliance with 35 U.S.C. 371 from an

international application filed under 35

U.S.C. 363 before November 29, 2000.

(iii) If the later-filed application is a

nonprovisional application, the

reference required by this paragraph

must be included in an application data

sheet (§ 1.76), or the specification must

contain or be amended to contain such

reference in the first sentence following

the title.

(iv) If the prior-filed provisional

application was filed in a language other

than English and an English-language

translation of the prior-filed provisional

application and a statement that the

translation is accurate were not

previously filed in the prior-filed

provisional application or the later-filed

nonprovisional application, applicant

will be notified and given a period of

time within which to file an Englishlanguage translation of the non-Englishlanguage prior-filed provisional

application and a statement that the

translation is accurate. In a pending

nonprovisional application, failure to

timely reply to such a notice will result

in abandonment of the application.

(6) If the reference required by 35

U.S.C. 119(e) and paragraph (a)(5) of

this section is presented in a

nonprovisional application after the

time period provided by paragraph

(a)(5)(ii) of this section, the claim under

35 U.S.C. 119(e) for the benefit of a

prior-filed provisional application may

be accepted during the pendency of the

later-filed application if the reference

identifying the prior-filed application by

provisional application number was

unintentionally delayed. A petition to

accept an unintentionally delayed claim

under 35 U.S.C. 119(e) for the benefit of

a prior-filed provisional application

must be accompanied by:

(i) The reference required by 35 U.S.C.

119(e) and paragraph (a)(5) of this

section to the prior-filed provisional

application, unless previously

submitted;

(ii) The surcharge set forth in § 1.17(t);

and

(iii) A statement that the entire delay

between the date the claim was due

under paragraph (a)(5)(ii) of this section

and the date the claim was filed was

unintentional. The Commissioner may

require additional information where

there is a question whether the delay

was unintentional.

* * * * *

5. Section 1.311 is amended by

revising paragraph (a) to read as follows:

§ 1.311 Notice of allowance.

(a) If, on examination, it appears that

the applicant is entitled to a patent

under the law, a notice of allowance

will be sent to the applicant at the

correspondence address indicated in

§ 1.33. The notice of allowance shall

specify a sum constituting the issue fee

which must be paid within three

months from the date of mailing of the

notice of allowance to avoid

abandonment of the application. The

sum specified in the notice of allowance

may also include the publication fee, in

which case the issue fee and publication

fee (§ 1.211(e)) must both be paid within

three months from the date of mailing

of the notice of allowance to avoid

abandonment of the application. This

three-month period is not extendable.

* * * * *

6. Section 1.434 is amended by

revising paragraph (d)(2) to read as

follows:

§ 1.434 The request.

* * * * *

(d) * * *

(2) A reference to any prior-filed

national application or international

application designating the United

States of America, if the benefit of the

filing date for the prior-filed application

is to be claimed.

Dated: December 19, 2001.

James. E. Rogan,

Under Secretary of Commerce for Intellectual

Property and Director of the United States

Patent and Trademark Office.

[FR Doc. 01–31872 Filed 12–27–01; 8:45 am]

BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[AZ, CA, HI, NV–066–MSWa; FRL–7122–9]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants: Negative Declarations;

Municipal Waste Combustion; Arizona;

California; Hawaii; Nevada

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is amending certain

regulations to reflect the receipt of

negative declarations from Arizona,

California, Hawaii, and Nevada. These

negative declarations certify that there

are no small municipal waste

combustion units in these States that

would be subject to the control

requirements of the federal emission

guidelines.

DATES: This direct final rule is effective

on February 26, 2002 without further

notice, unless EPA receives relevant

adverse comments by January 28, 2002.

If EPA receives such comments, then it

will publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the letters of negative declaration are

available for public inspection at EPA’s

Region IX office during normal business

hours. U.S. Environmental Protection

Agency, Region IX, Rulemaking Office

(AIR–4), Air Division, 75 Hawthorne

Street, San Francisco, CA 94105–3901.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street

(AIR–4), San Francisco, CA 94105–3901,

Telephone: (415) 947–4124.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 111(d) of the Clean Air

Act (CAA), EPA has established

procedures whereby States submit plans

to control certain existing sources of

‘‘designated pollutants.’’ Designated

pollutants are defined as pollutants for

which a standard of performance for

new sources applies under section 111

but which are not ‘‘criteria pollutants’’

(i.e., pollutants for which National

Ambient Air Quality Standards

(NAAQS) are set pursuant to sections

108 and 109 of the CAA) or hazardous

air pollutants (HAPs) regulated under

section 112 of the CAA. As required by

CAA section 111(d), EPA established a

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations 67097

process at 40 CFR Part 60, Subpart B,

which States must follow in adopting

and submitting a section 111(d) plan.

Whenever EPA promulgates new source

performance standards (NSPS) that

control a designated pollutant, EPA

establishes emission guidelines (EG)

applicable to existing sources in

accordance with 40 CFR 60.22 which

contain information pertinent to the

control of the designated pollutant from

that NSPS source category (i.e., the

‘‘designated facility’’ as defined at 40

CFR 60.21(b)). Thus, a State’s section

111(d) plan for a designated facility

must comply with the EG for that source

category as well as 40 CFR part 60,

subpart B (40 CFR 60.23 through 60.26).

On December 6, 2000, EPA

promulgated EG for existing small

municipal waste combustion units

(MWCs) at 40 CFR part 60, Subpart

BBBB, (Emission Guidelines and

Compliance Times for Small Municipal

Waste Combustion Units Constructed

On or Before August 30, 1999) (see 65

FR 76378). States are required to submit

either a plan to implement and enforce

the EG or, if there are no existing small

MWCs subject to the EG in the State, a

negative declaration letter. A negative

declaration letter is a letter from a State

authority certifying that there are no

designated facilities (MWC units with a

capacity to combust at least 35 tons per

day but no more than 250 tons per day

of municipal solid waste) in that State.

The negative declaration letter is

submitted in lieu of a State plan.

II. EPA Action

The States of Arizona, California,

Hawaii, and Nevada have each

submitted negative declaration letters

certifying that there are no existing

small MWCs that are subject to the

control requirements of the emission

guidelines within their State. The dates

that these letters were submitted are

identified in the table below.

State agency that submitted the negative declaration

Date of letter to

EPA

Arizona Department of Environmental Quality.March 15, 2001.

California Environmental

Protection Agency, Air

Resources Board.

July 20, 2001.

State of Hawaii, Department of Health.March 13, 2001.

State of Nevada, Department of Conservation

and Natural Resources,

Division of Environmental Protection.

March 26, 1997.

EPA is amending part 62 to reflect the

receipt of negative declaration letters

from these States. Amendments are

being made to 40 CFR part 62, subparts

D (Arizona), F (California), M (Hawaii),

and DD (Nevada).

III. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 13211,

‘‘Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use’’ (66 FR 28355, May

22, 2001). This action merely approves

State negative declarations as meeting

federal requirements and imposes no

additional requirements. Accordingly,

the Administrator certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves State negative

declarations and does not impose any

additional enforceable duty, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4). This rule also does

not have tribal implications because it

will not have a substantial direct effect

on one or more Indian tribes, on the

relationship between the federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the federal

government and Indian tribes, as

specified by Executive Order 13175 (65

FR 67249, November 9, 2000). This

action also does not have Federalism

implications because it does not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves negative declarations

submitted by States, and does not alter

the relationship or the distribution of

power and responsibilities established

in the Clean Air Act. This rule also is

not subject to Executive Order 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (62 FR 19885, April 23, 1997),

because it is not economically

significant.

In reviewing State plan submissions,

our role is to approve State choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

State to use voluntary consensus

standards (VCS), we have no authority

to disapprove State submissions for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews State submissions,

to use VCS in place of State submissions

that otherwise satisfy the provisions of

the CAA. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

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. We will submit a

report containing this rule and other

required information to the United

States Senate, the United States 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 February 26, 2002. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule 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. 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 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Reporting and

recordkeeping requirements.

Dated: December 6, 2001.

Wayne Nastri,

Regional Administrator, Region IX.

Title 40, chapter I, part 62 of the Code

of Federal Regulations is amended as

follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

67098 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations

Authority: 42 U.S.C. 7401–7671q.

Subpart D—Arizona

2. Subpart D is amended by adding an

undesignated center heading and

§ 62.640 to read as follows:

Emissions From Small Existing

Municipal Waste Combustion Units

§ 62.640 Identification of plan—negative

declaration.

Letter from the Arizona Department of

Environmental Quality, submitted on

March 15, 2001, certifying that there are

no small municipal waste combustion

units subject to part 60, subpart BBBB,

of this chapter.

Subpart F—California

3. Subpart F is amended by adding an

undesignated center heading and

§ 62.1125 to read as follows:

Emissions From Small Existing

Municipal Waste Combustion Units

§ 62.1125 Identification of plan—negative

declaration.

Letter from the California Air

Resources Board, submitted on July 20,

2001, certifying that there are no small

municipal waste combustion units

subject to part 60, subpart BBBB, of this

chapter.

4. Part 62 is amended by adding

Subpart M to read as follows:

Subpart M—Hawaii

Emissions From Small Existing

Municipal Waste Combustion Units

§ 62.2850 Identification of plan—negative

declaration.

Letter from the State of Hawaii

Department of Health, submitted on

March 13, 2001, certifying that there are

no small municipal waste combustion

units subject to part 60, subpart BBBB,

of this chapter.

Subpart DD—Nevada

5. Subpart DD is amended by adding

an undesignated center heading and

§ 62.7125 to read as follows:

Emissions From Small Existing

Municipal Waste Combustion Units

§ 62.7125 Identification of plan—negative

declaration.

Letter from the Nevada Division of

Environmental Protection, submitted on

March 26, 1997, certifying that there are

no existing municipal waste combustion

units subject to part 60, subpart BBBB,

of this chapter.

[FR Doc. 01–31943 Filed 12–27–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–7122–5]

RIN 2060–AG76

Regulation of Fuels and Fuel

Additives: Modifications to Standards

and Requirements for Reformulated

and Conventional Gasoline

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: With today’s action EPA is

finalizing certain proposed

modifications to the reformulated

gasoline (RFG) and conventional

gasoline regulations. Through the 1990

amendments to the Clean Air Act

(CAA), Congress directed EPA to

publish rules requiring that gasoline

sold in certain areas be reformulated to

reduce vehicle emissions of toxic and

ozone-forming compounds. Congress

also directed EPA to establish rules

setting anti-dumping standards for nonreformulated, or ‘‘conventional’’

gasoline. EPA published rules for the

certification and enforcement of RFG

and provisions for conventional

gasoline on February 16, 1994 at 59 FR

7716.

Based on experience gained since the

promulgation of these regulations, on

July 11, 1997, we proposed a variety of

revisions to the regulations relating to

emissions standards, emissions models,

compliance-related requirements and

enforcement provisions. In a final rule

published on December 31, 1997, we

took final action on several of the

proposed revisions. Today’s action

finalizes certain other of the proposed

revisions.

The revisions in this final rule involve

both RFG and conventional gasoline.

This rule finalizes procedures for

combining finished gasoline with other

products to produce new blends of

gasoline. These procedures allow

refiners to use conventional gasoline to

produce RFG, and to reclassify RFG

with regard to VOC classification,

activities which were previously

prohibited under the regulations. This

rule also identifies procedures and

requirements regarding the change of

service of gasoline storage tanks. The

emissions benefits achieved from the

RFG and conventional gasoline

programs will not be reduced as a result

of this final rule.

On May 17, 2001 the National Energy

Policy Development Group (NEPD)

recommended that EPA ‘‘study

opportunities to maintain or improve

the environmental benefits of state and

local ‘boutique’ clean fuel programs

while exploring ways to increase the

flexibility of the fuels distribution

infrastructure, improve fungibility, and

provide added market liquidity.’’ In

response to the NEPD charge, EPA

included in its boutique fuel report a

series of regulatory actions, including

today’s action regarding the use of

finished gasoline to produce new blends

of gasoline, intended to better facilitate

seasonal gasoline transition and address

gasoline supply and fungibility

concerns during periods of low gasoline

inventories. We are able to finalize this

action now, in advance of other

intended EPA actions, because it was

previously proposed by EPA. We expect

the flexibilities provided via today’s

action will promote improved

availability of fuel meeting the range of

environmental and market needs.

Action on the other boutique fuel

regulatory recommendations targeted at

facilitating the transition from winter to

summer fuel should be completed in

advance of next year’s ozone season.

DATES: This rule is effective on

December 28, 2001.

ADDRESSES: Materials relevant to this

FRM are contained in Public Docket No.

A–97–03, Waterside Mall (Room M–

1500), Environmental Protection

Agency, Air Docket Section, 401 M

Street, S.W., Washington, D.C. 20460.

Materials relevant to the final rule

establishing standards for RFG and antidumping standards for conventional

gasoline are contained in Public

Dockets—A–92–01 and A–92–12, and

are incorporated by reference.

FOR FURTHER INFORMATION CONTACT:

Marilyn Bennett, Transportation and

Regional Programs Division, U.S. EPA,

Ariel Rios Building, 1200 Pennsylvania

Avenue, N.W. (6406J), Washington, D.C.

20460; telephone: (202) 564–8989; FAX

(202) 565–2085; e-mail

mbennett@epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Entities potentially affected by this

action include those involved with the

production and importation of gasoline

motor fuel.

The table below gives some examples

of entities that may have to comply with

the regulations. However, since these

are only examples, you should carefully

examine these and other existing

regulations in 40 CFR part 80. If you

have any questions, please call the

person listed in the FOR FURTHER

INFORMATION CONTACT section above.