Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations 51359

ordinary skill in the art and the remove all references to the POSTNET ZIP+4 Intelligent in the prosecution history pertaining to the barcode. This decision was based on the lower right corner (barcode clear zone). patent. Any prior claim construction limited use of the POSTNET barcode The piece may bear an additional determination concerning a term of the and the need to simplify the standards in the claim in a civil action, or a proceeding in regard to barcoding letter-size and block only if a qualifying Intelligent before the International Trade flat-size mailpieces. Mail barcode with a Commission, that is timely made of The Postal Service received 1 formal routing code appears in the lower right record in the post-grant review response which was in agreement with corner. proceeding will be considered. the removal of POSTNET in * * * * * * * * * * the DMM. The Postal Service will remove all 5.2 Flat-Size ■ 4. Amend § 42.300 by revising references to the POSTNET barcode paragraph (b) to read as follows: 5.2.1 Barcode Placement for Flats from the DMM. The Postal Service will § 42.300 Procedure; pendency. continue to process mailpieces with a [Revise the fifth sentence of 5.2.1 to POSTNET barcode to accommodate read as follows:] * * * * * * * * An additional Intelligent Mail (b) In a covered business method customers who may have preprinted stock bearing a POSTNET barcode. barcode may also appear in the address patent review proceeding, a claim of a block of an automation flat, when the patent, or a claim proposed in a motion List of Subjects in 39 CFR Part 111 qualifying Intelligent Mail barcode is to amend under § 42.221, shall be not in the address block. * * * construed using the same claim Administrative practice and construction standard that would be procedure, Postal Service. * * * * * used to construe the claim in a civil The Postal Service adopts the 6.0 Barcode Placement for Parcels action under 35 U.S.C. 282(b), including following changes to Mailing Standards * * * * * construing the claim in accordance with of the United States Postal Service, [Revise the heading and text of 6.3 to the ordinary and customary meaning of (DMM), read as follows:] such claim as understood by one of incorporated by reference in the Code of ordinary skill in the art and the Federal Regulations. See 39 CFR 111.1. 6.3 Intelligent Mail Barcodes prosecution history pertaining to the Accordingly, 39 CFR part 111 is amended as follows: Intelligent Mail barcodes (IMb) do not patent. Any prior claim construction meet barcode eligibility requirements determination concerning a term of the PART 111—[AMENDED] for parcels and do not qualify for any claim in a civil action, or a proceeding barcode-related prices for parcels, but before the International Trade ■ 1. The authority citation for 39 CFR one barcode may be included only in Commission, that is timely made of part 111 continues to read as follows: the address block on a parcel, except on record in the covered business method eVS parcels. An Intelligent Mail barcode patent review proceeding will be Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, in the address block must be placed considered. 401, 403, 404, 414, 416, 3001–3011, 3201– according to 5.3. * * * * * 3219, 3403–3406, 3621, 3622, 3626, 3632, * * * * * Dated: October 3, 2018. 3633, and 5001. ■ 8.0 Facing Identification Mark (FIM) Andrei Iancu, 2. Revise the Mailing Standards of the Under Secretary of Commerce for Intellectual United States Postal Service, Domestic * * * * * Mail Manual (DMM) as follows: Property and Director of the United States 8.2 Pattern Patent and Trademark Office. Mailing Standards of the United States [Revise the third sentence in the [FR Doc. 2018–22006 Filed 10–10–18; 8:45 am] Postal Service, Domestic Mail Manual introductory text of 8.2 to read as BILLING CODE 3510–16–P (DMM) follows:] * * * * * * * * The required FIM pattern as POSTAL SERVICE 200 Commercial Mail Letters, Cards, shown in Exhibit 8.2.0 below depends Flats, and Parcels on the type of mail and the presence of 39 CFR Part 111 an Intelligent Mail barcode as follows: * * * * * * * * * * POSTNET Barcode 202 Elements on the Face of a 204 Barcode Standards AGENCY: Postal ServiceTM. Mailpiece Overview ACTION: Final rule. * * * * * [Revise the link heading under SUMMARY: The Postal Service is 5.0 Barcode Placement Letters and ‘‘Overview’’ to read as follows:] amending Mailing Standards of the Flats 1.0 Standards for Intelligent Mail United States Postal Service, Domestic 5.1 Letter-Size Mail Manual (DMM®) to remove all Barcodes * * * * * references to the POSTNETTM barcode. * * * * * DATES: Effective Date: October 11, 2018. 5.1.4 Additional Barcode [Revise the heading of 1.0 to read as FOR FURTHER INFORMATION CONTACT: Permissibility follows:] Lizbeth Dobbins at (202) 268–3789 or [Revise the text of 5.1.4 to read as 1.0 Standards for Intelligent Mail Garry Rodriguez at (202) 268–7261. follows:] Barcodes SUPPLEMENTARY INFORMATION: The Postal An automation letter or a letter Service published a notice of proposed claimed at Enhanced Carrier Route 1.1 General rulemaking on July 23, 2018, (83 FR saturation or high density automation [Revise the text of 1.1 to read as 34806–07) to amend the DMM to letter prices may not bear a 5-digit or follows:]

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An Intelligent Mail barcode is a [Delete the ‘‘POSTNET’’ line item in FOR FURTHER INFORMATION CONTACT: For USPS-developed method to encode ZIP the Index.] technical information contact: Kenneth Code information on mail that can be * * * * * Moss, Chemical Control Division read for sorting by automated machines. We will publish an appropriate (7405M), Office of Pollution Prevention Intelligent Mail barcodes also encode amendment to 39 CFR part 111 to reflect and Toxics, Environmental Protection other tracking information. these changes. Agency, 1200 Pennsylvania Ave. NW, [Delete 1.2, POSTNET Barcode, in its Washington, DC 20460–0001; telephone Brittany M. Johnson, entirety and renumber 1.3 through 1.6 number: (202) 564–9232; email address: as 1.2 through 1.5.] Attorney, Federal Compliance. [email protected]. [FR Doc. 2018–22107 Filed 10–10–18; 8:45 am] For general information contact: The * * * * * BILLING CODE 7710–12–P TSCA-Hotline, ABVI-Goodwill, 422 507 Mailer Services South Clinton Ave. Rochester, NY 14620; telephone number: (202) 554– * * * * * ENVIRONMENTAL PROTECTION 1404; email address: TSCA-Hotline@ 4.0 Address Correction Services AGENCY epa.gov. * * * * * SUPPLEMENTARY INFORMATION: 40 CFR Parts 9 and 721 4.2 Address Change Service (ACS) I. Does this action apply to me? [EPA–HQ–OPPT–2017–0414; FRL–9984–71] * * * * * A list of potentially affected entities is RIN 2070–AB27 provided in the Federal Register of 4.2.6 Additional Standards—When August 17, 2018 (83 FR 40986) (FRL– Using Intelligent Mail Barcodes Significant New Use Rules on Certain 9971–37). If you have questions Chemical Substances; Withdrawal * * * Mailpieces must meet the regarding the applicability of this action following specifications: AGENCY: Environmental Protection to a particular entity, consult the technical person listed under FOR * * * * * Agency (EPA). FURTHER INFORMATION CONTACT. [Revise the text of item b to read as ACTION: Withdrawal of direct final rule. II. What direct final SNURs are being follows:] SUMMARY: EPA is withdrawing withdrawn? b. Flat-size mailpieces may be mailed significant new use rules (SNURs) at nonautomation or automation prices. promulgated under the Toxic In the Federal Register of August 17, * * * * * Substances Control Act (TSCA) for 27 2018 (83 FR 40986) (FRL–9971–37), chemical substances, which were the EPA issued direct final SNURs for 27 600 Basic Standards for All Mailing subject of premanufacture notices chemical substances that are identified Services (PMNs). EPA published these SNURs in that document. Because the Agency * * * * * using direct final rulemaking received adverse comments and a procedures, which requires EPA to take request to extend the comment period 604 Postage Payment Methods and certain actions if an adverse comment is regarding the SNURs identified in the Refunds received. EPA received adverse document, EPA is withdrawing the * * * * * comments and a request to extend the direct final SNURS issued for these 27 chemical substances, which were the 4.0 Postage Meters and PC Postage comment period regarding the SNURs identified in the direct final rule. subject of PMNs. In addition to the Products (‘‘Postage Evidencing direct final SNURs, elsewhere in the Systems’’) Therefore, the Agency is withdrawing the direct final rule SNURs identified in same issue of the Federal Register of * * * * * this document, as required under the August 17, 2018 (83 FR 41039) (FRL– direct final rulemaking procedures. 9981–82), EPA issued proposed SNURs 4.3 Postage Payment covering these 27 chemical substances. DATES: The direct final rule published at * * * * * EPA will address all adverse public 83 FR 40986 on August 17, 2018, is comments in a subsequent final rule, 4.3.3 Placement of Postage withdrawn effective October 11, 2018. based on the proposed rule. : * * * When placing indicia on The docket for this action, identified by docket identification (ID) III. Good Cause Finding mailpieces, position indicia at least 1⁄4 inch from the right edge of the number EPA–HQ–OPPT–2017–0414, is EPA determined that this document is available at http://www.regulations.gov mailpiece and 1⁄4 inch from the top edge not subject to the 30-day delay of of the mailpiece and as follows: or at the Office of Pollution Prevention effective date generally required by the and Toxics Docket (OPPT Docket), * * * * * Administrative Procedure Act (APA) (5 Environmental Protection Agency U.S.C. 553(d)) because of the time [Revise the text of item e to read as Docket Center (EPA/DC), West William limitations for publication in the follows:] Jefferson Clinton Bldg., Rm. 3334, 1301 Federal Register. This document must e. Do not allow the indicia to infringe Constitution Ave. NW, Washington, DC. publish on or before the effective date on the areas reserved for the FIM, The Public Reading Room is open from of the direct final rule containing the Intelligent Mail barcode, or optical 8:30 a.m. to 4:30 p.m., Monday through direct final SNURs being withdrawn. character reader (OCR) clear zone. Friday, excluding legal holidays. The IV. Statutory and Executive Order * * * * * telephone number for the Public Reading Room is (202) 566–1744, and Reviews Index the telephone number for the OPPT This action withdraws regulatory * * * * * Docket is (202) 566–0280. Please review requirements that have not gone into the visitor instructions and additional effect and which contain no new or P information about the docket available amended requirements and reopens a * * * * * at http://www.epa.gov/dockets. comment period. As such, the Agency

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