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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
any effect on the quality of the environment and is thus categorically excluded from review under the National Environmental Policy Act of 1969. See 42 U.S.C. 4321 et seq.
N. National Technology Transfer and Advancement Act of 1995: The requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C.
272 note are not applicable because this rulemaking does not contain provisions that involve the use of technical standards.
O. Paperwork Reduction Act of 1995:
The Paperwork Reduction Act of 1995
44 U.S.C. 35013549 requires that the USPTO consider the impact of paperwork and other information collection burdens imposed on the public. In accordance with section 3507d of the Paperwork Reduction Act of 1995, the majority of the paperwork and other information collection burdens discussed in this proposed rule have already been approved under the following Office of Management and Budget OMB Control Numbers: 0651
0024 Sequence Listing, 06510031
Patent Processing, 06510032 Initial Patent Applications, and 06510064
Patent Reexaminations and Supplemental Examinations.
Modifications to 06510024 because of this proposed rulemaking will be submitted to OMB for approval prior to this rule becoming effective.
Modifications include the removal of the Sequence Listing in Application paper, which will result in a reduction in burden associated with this information collection. The USPTO
estimates that this information collections annual burden will decrease by 5,000 responses and 30,000 burden hours. These burden estimates are based on the current OMB approved burdens response volumes associated with this information collection, which may be different from any forecasts mentioned in other parts of this proposed rule.
The changes discussed in this proposed rule do not affect the information collection requirements or burdens associated with 06510031, 06510032 and 06510064 listed above;
therefore, the USPTO does not plan to take any additional actions on these information collections as a result of this rulemaking. Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information has a currently valid OMB control number.

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P. E-Government Act Compliance:
The USPTO is committed to compliance with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes.
List of Subjects in 37 CFR Part 1
Administrative practice and procedure, Biologics, Courts, Freedom of information, Incorporation by reference, Inventions and patents, Reporting and recordkeeping requirements, Small businesses.
For the reasons stated in the preamble and under the authority contained in 35
U.S.C. 2, as amended, the USPTO
proposes to further amend 37 CFR part 1 as proposed to be amended at 86 FR
28301 May 26, 2021 as follows:
PART 1RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for 37 CFR
part 1 continues to read as follows:

Authority: 35 U.S.C. 2b2, unless otherwise noted.

2. Section 1.52 is amended by:
a. Revising paragraph e1ii;
b. Removing the period at the end of paragraph e3iii and adding ; and in its place;
c. Adding paragraph e3iv; and d. Revising paragraphs e7, f1
introductory text, f1i, f2
introductory text, f2i, and f3.
The revisions and addition read as follows:

1.52 Language, paper, writing, margins, read-only optical disc specifications.

e
1
ii A Sequence Listing submitted under 1.821c in compliance with 1.824 or a Sequence Listing XML
submitted under 1.831a in compliance with 1.832 through 1.834; or

3
iv The contents of each read-only optical disc for a Sequence Listing XML must be in XML file format, and if compressed, must be compressed in accordance with 1.834.

7 Any amendment to the information on a read-only optical disc must be by way of a replacement readonly optical disc, in compliance with 1.58g for Large Tables, 1.96c5
for a Computer Program Listing Appendix, 1.825b for a Sequence
PO 00000

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Listing or Computer Readable Form CRF of a Sequence Listing, and 1.835b for a Sequence Listing XML.

f
1 Submission on read-only optical discs. The application size fee required by 1.16s or 1.492j, for an application component submitted in part on a read-only optical disc in compliance with paragraph e of this section, shall be determined such that each three kilobytes of content submitted on a read-only optical disc shall be counted as a sheet of paper.
Excluded from this determination is any ASCII plain text file or any XML file as applicable submitted on a read-only optical disc under paragraph e of this section containing:
i Any Sequence Listing or CRF of a Sequence Listing in compliance with 1.821c or e, or any Sequence Listing XML in compliance with 1.831a; or

2 Submission via the USPTO patent electronic filing system. The application size fee required by 1.16s or 1.492j, for an application submitted in whole or in part via the USPTO
patent electronic filing system, shall be determined such that the paper size equivalent will be considered to be 75%
of the number of sheets of paper present in the specification and drawings of the application when entered into the Office records after being rendered by the USPTO patent electronic filing system.
Excluded from this determination is any ASCII plain text file or any XML file as applicable submitted via the USPTO
patent electronic filing system containing:
i Any Sequence Listing or CRF of a Sequence Listing, in compliance with 1.821c or e or any Sequence Listing XML in compliance with 1.831a; or

3 Oversized submission. Any submission of a Sequence Listing in electronic form or a Sequence Listing XML of 300 MB800 MB filed in an application under 35 U.S.C. 111 or 371
will be subject to the fee set forth in 1.21o1. Any submission of a Sequence Listing in electronic form or a Sequence Listing XML that exceeds 800 MB filed in an application under 35
U.S.C. 111 or 371 will be subject to the fee set forth in 1.21o2.
3. Section 1.53 is amended by revising paragraph c4 to read as follows:
1.53 Application number, filing date, and completion of application.

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