57174 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

axei(adult)); Large mouth Stomach 

Worms (Habronema muscae (adult)); 

Stomach Bots (Gastrophilus spp. (oral 

and gastric stages)); Lungworms 

(Dictyocaulus arnfieldi (adult and 

fourth-stage larvae)); intestinal 

threadworms (Strongyloides westeri

(adult)); Summer Sores caused by 

Habronema and Draschia spp. 

cutaneous third-stage larvae; and 

Dermatitis caused by neck threadworm 

microfilariae (Onchocerca spp.).

(iii) Limitations. Do not use in horses 

intended for human consumption. 

Federal law restricts this drug to use by 

or on the order of a licensed 

veterinarian.

* * * * *

Dated: September 14, 2004.

Daniel G. McChesney,

Director, Office of Surveillance and 

Compliance, Center for Veterinary Medicine.

[FR Doc. 04–21415 Filed 9–23–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–04–175] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of implementation of 

regulation. 

SUMMARY: The Coast Guard is 

implementing the special local 

regulations at 33 CFR 100.522 during 

the Neptune Festival Fireworks to be 

held September 25, 2004, in the vicinity 

of the Virginia Beach Fishing Pier, 

Virginia Beach, VA. This action is 

necessary to provide for the safety of life 

on navigable waters during the event. 

The effect will be to restrict general 

navigation in the regulated area for the 

safety of participants and vessels 

transiting the event area.

DATES: 33 CFR 100.522 will be enforced 

from 8:45 p.m. to 10 p.m. on September 

25, 2004.

FOR FURTHER INFORMATION CONTACT:

Michael Bowling, Project Manager, 

Coast Guard Group Hampton Roads, 

VA, at (757) 483–8567.

SUPPLEMENTARY INFORMATION: The 

Virginia Beach Neptune Festival will 

sponsor the fireworks display on 

September 25, 2004 over the coastal 

waters in the vicinity of the Virginia 

Beach Fishing Pier, Virginia Beach, 

Virginia. The pyrotechnic display will 

be launched from the fishing pier 

located within the regulated area. A 

fleet of spectator vessels is expected to 

gather nearby to view the event. 

Therefore, to ensure the safety of 

spectators and transiting vessels, 33 CFR 

100.522 will be enforced for the 

duration of the event. Under provisions 

of 33 CFR 100.522, a vessel may not 

enter the regulated area unless it 

receives permission from the Coast 

Guard Patrol Commander. Spectator 

vessels may anchor outside the 

regulated area but may not block a 

navigable channel. 

In addition to this notice, the 

maritime community will be provided 

extensive advance notification via the 

Local Notice to Mariners, marine 

information broadcasts, and area 

newspapers, so mariners can adjust 

their plans accordingly.

Dated: September 14, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–21524 Filed 9–23–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–166] 

RIN 1625–AA–09 

Drawbridge Operation Regulations; 

Delaware River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the Delair Railroad Bridge across the 

Delaware River mile 104.5, between 

Philadelphia, PA, and Delair, NJ. This 

deviation allows the drawbridge to 

remain in the closed-to-navigation 

position from 8 a.m. to 4 p.m., on nine 

consecutive Mondays on September 27 

through November 22, 2004, to facilitate 

replacement of bridge timbers.

DATES: This deviation is effective from 

8 a.m. on September 27, 2004, to 4 p.m. 

on November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Bill 

Brazier, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6422.

SUPPLEMENTARY INFORMATION: New 

Jersey Transit, who operates their trains 

and controls the signaling system at the 

Delair Railroad Bridge, has requested a 

temporary deviation from the operating 

regulation to facilitate needed 

replacement of bridge timbers. 

To facilitate this replacement, the 

vertical lift-span will be locked in the 

closed-to-navigation position from 8 

a.m. to 4 p.m. on nine consecutive 

Mondays: on September 27; on October 

4, 11, 18, and 25; and on November 1, 

8, 15, and 22, 2004. During these stages, 

the work requires completely 

immobilizing the operation of the 

vertical-lift span in the closed-tonavigation position. At all other times, 

the bridge will operate in accordance 

with the current operating regulations 

outlined in 33 CFR 117.716. 

The Coast Guard has informed the 

known users of the waterway of the 

closure periods for the bridge so that 

these vessels can arrange their transits 

to minimize any impact caused by the 

temporary deviation. 

The District Commander has granted 

temporary deviation from the operating 

requirements listed in 33 CFR 117.35 for 

the purpose of repair completion of the 

drawbridge. The temporary deviation 

allows the Delair Railroad Bridge across 

the Delaware River mile 104.5, between 

Philadelphia, PA and Delair, NJ, to 

remain closed to navigation from 8 a.m. 

to 4 p.m. on nine consecutive Mondays: 

on September 27; on October 4, 11, 18, 

and 25; and on November 1, 8, 15, and 

22, 2004.

Dated: September 20, 2004. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District.

[FR Doc. 04–21526 Filed 9–23–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF THE INTERIOR

National Park Service 

36 CFR Part 7 

RIN 1024–AD14 

Delaware Water Gap National 

Recreation Area, Pennsylvania and 

New Jersey; U.S. Route 209 

Commercial Vehicle Fees

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: This final rule revises the 

special regulations for Delaware Water 

Gap National Recreation Area. It 

changes the fee schedule for those 

commercial vehicles permitted to travel 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57175

U.S. Route 209 through Delaware Water 

Gap National Recreation Area. This 

paragraph sets a fee schedule by number 

of axles. It also lists the exceptions to 

commercial fee requirements. Congress 

authorized collection of the fees to make 

the program to manage commercial 

traffic self-sustaining. In recent years, 

the cost of fee collection has been 

greater than annual revenue. The intent 

of the final rule is to increase fees to a 

level that will return the program to one 

that is completely supported by 

commercial entities using the route.

DATES: This rule becomes effective 

October 25, 2004.

FOR FURTHER INFORMATION CONTACT:

Chief Ranger Philip Selleck, at 570–

588–2414, or c/o Delaware Water Gap 

National Recreation Area, River Road, 

Bushkill, PA 18324.

SUPPLEMENTARY INFORMATION: 

Commercial Use Background 

On March 14, 1983, the 

Commonwealth of Pennsylvania 

transferred ownership of approximately 

21 miles of U.S. Route 209 within the 

boundaries of Delaware Water Gap 

National Recreation Area to the National 

Park Service. This portion of road was 

a heavily traveled commercial vehicle 

route between Interstates 80 and 84, 

primarily because it is shorter and 

flatter and more direct than the alternate 

routes, and therefore was preferred by 

the commercial vehicle operators. Since 

§ 5.6 of Title 36 Code of Federal 

Regulations (36 CFR 5.6), prohibits the 

use of roads within National park areas 

by commercial through traffic, the 

National Park Service announced that 

U.S. Route 209 would be closed to 

commercial vehicles on April 25, 1983. 

Due to negative comments from the 

trucking industry concerning the 

announced closure, the NPS Director, 

on April 23, 1983, announced a 180-day 

delay in the implementation of the 

closure. 

On July 30, 1983, Congress enacted 

Public Law 98–63, closing U.S. Route 

209 to commercial vehicle use, with 

certain exceptions, and directed the 

National Park Service to establish a 

commercial operation fee for certain 

commercial vehicles excepted from the 

closure. In order to implement the 

statute, Delaware Water Gap National 

Recreation Area began operation of two 

commercial vehicle check stations, one 

each near the North and South 

entrances to the recreation area on U.S. 

Route 209. The check stations were 

operated 24 hours a day. 

Public Law 98–63, as amended by 

Public Law 98–151 and Public Law 99–

88, closed U.S. Route 209 to all 

commercial vehicles except: 

(1) Those vehicles operated by 

businesses based within the recreation 

area; 

(2) Those vehicles operated by 

businesses that as of July 30, 1983, 

operated a commercial vehicular facility 

in Monroe, Pike, or Northampton 

Counties, PA, if the vehicle operation 

originates or terminates at such facility; 

(3) Those vehicles operated in order 

to provide services to businesses and 

persons located in or contiguous to the 

boundaries of the recreation area, that 

area determined to be composed of 

Lehman, Delaware, Milford, Dingman, 

Stroud, Westfall, Smithfield, Middle 

Smithfield and Upper Mount Bethel 

townships in Pennsylvania; 

(4) Up to 125 northbound, and 125 

southbound, commercial vehicles 

serving businesses and persons in 

Orange, Ulster, Rockland and Sullivan 

Counties, New York. 

The exceptions to the closure of U.S. 

Route 209 were to remain in effect 

unless further action was taken by 

Congress. 

Under the Omnibus Parks and Public 

Lands Management Act of 1996, Public 

Law 104–333, enacted on November 12, 

1996, U.S. Route 209 will be closed to 

commercial vehicle traffic on September 

30, 2005. Commercial vehicles 

connected with the operation of the 

recreation area, or serving ‘‘businesses 

within or in the vicinity of the 

recreation area’’ will be permitted to use 

the highway. The Act directs the 

Secretary of the Interior to define the 

term ‘‘businesses within or in the 

vicinity of the recreation area’’. 

Commercial Vehicle Fee Background 

Public Law 98–63, as amended by 

Public Law 99–88, directed the 

Secretary of the Interior to establish a 

fee for the use of U.S. Route 209 by 

commercial vehicles. The law directed 

the National Park Service to set aside all 

fees in a special account, the funds to 

be available for the management, 

operation, construction, and 

maintenance of U.S. Route 209 within 

the boundary of the recreation area. The 

fee schedule was not to exceed $7 per 

trip. Those commercial vehicles serving 

businesses within, or contiguous to the 

boundaries of, the recreation area were 

exempted from the fee. 

In accordance with Public Law 98–63, 

the National Park Service published in 

the Federal Register (48 FR 46779, 

October 14, 1983), a fee schedule based 

on the number of axles of lightweight 

and heavy commercial vehicles. The 

fees ranged from $0.50 for two axle cars, 

vans or pickups, to $5.00 for a five or 

more axle vehicle. The full 1983 fee 

schedule can be found in Table 1. 

On August 23, 1985, the National Park 

Service revised the fee schedule, 

publishing a final rule in the Federal 

Register (50 FR 34128), revising the fee 

schedule. The rule was based on the 

revised estimates of costs for 

management, operation, construction 

and maintenance of U.S. Route 209. The 

raised fees ranged from $1.00 for two 

axle cars, vans or pickups, to $7.00 for 

a five or more axle vehicle. The full 

1985 fee schedule can be found in Table 

1.

TABLE 1.—1983 AND 1985 FEE

SCHEDULES

1983 1985 

Two axle car, van or 

pickup .................... $0.50 $1.00 

Two axle—four wheel 

vehicle with trailer 1.00 2.00 

Two axle—six wheel 

vehicle ................... 2.00 3.00 

Three axle vehicle .... 3.00 4.00 

Four axle vehicle ...... 4.00 5.00 

Five or more axle vehicle ....................... 5.00 7.00 

Public Law 98–63 Authority 

Authority to collect fees for those 

commercial vehicles permitted to use 

U.S. Route 209 terminated on July 30, 

1993. The NPS stopped collecting fees 

on that date, but was required to 

continue to enforce the statutory closure 

and exceptions to the commercial use of 

the highway. The commercial vehicle 

check stations were operated as before 

July 30, 1993, but no fees were 

collected. 

On November 12, 1996, Congress 

enacted Public Law 104–333, which 

reinstated the National Park Service’s 

authority to collect commercial vehicle 

fees on U.S. Route 209. Public Law 104–

333 specified that fees could not exceed 

$25 per trip. The NPS resumed the 

collection of fees, using the 1985 fee 

schedule, on November 26, 1996. 

Increase in Fees 

Congress specified that the fees 

collected from commercial vehicles 

excepted from the closure of U.S. Route 

209 be made available, ‘‘without further 

appropriation, for the management, 

operation, construction, and 

maintenance of highway 209 within the 

boundaries of the recreation area’’. 

Congress intended the income from the 

commercial vehicle fee program to equal 

or exceed the cost of operating the 

program, and to fund the program 

without further appropriation or use of 

other operating funds.

57176 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

Initially, fee collection revenues from 

U.S. Route 209 provided enough 

revenue to operate the commercial use 

program, purchase equipment related to 

the operation of U.S. Route 209, and do 

some maintenance. The amount of 

revenue generated has decreased over 

time as several large commercial vehicle 

facilities closed their local terminals, 

and stopped traveling on U.S. Route 

209. Fluctuations in the local economy 

have also had an effect. A comparison 

of revenue generated through the fee 

operation from fiscal years 1984 to 2002 

is illustrated in Figure 1.

Large 5-axle tractor-trailers have been 

the most important permitted 

commercial vehicles to use U.S. Route 

209, both in total number of commercial 

vehicles, and in fees generated. Trucks 

paying the maximum fee of $7.00 for a 

five-axle vehicle account for 

approximately 75 percent of the total 

number of fee-paying vehicles, and 

nearly 90 percent of the total revenue 

received. A comparison of the percent of 

total fee vehicles, by number of vehicles 

and revenue collected, for each class of 

vehicle may be found in Figure 2.


ER24SE04.000</GPH>
Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57177

In recent years the cost of operating 

the commercial operation program has 

largely exceeded the income generated 

by fees. The trends of fee revenue 

remaining relatively steady and 

increasing expenses is expected to 

continue. The operating deficit is made 

up with funds appropriated for normal 

park operations (ONPS funds). A year 

by year comparison of income and 

expenditures may be found in Figure 3.


ER24SE04.001</GPH>
57178 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

Justification for the Fee Schedule 

When the current commercial vehicle 

policy on U.S. Route 209 was begun in 

1983, closing the highway and charging 

a fee for permitted uses were very 

controversial issues. Under the 

circumstances, promulgating special 

regulations implementing the closure 

and fees was an appropriate action. The 

revenue generated was much greater 

than the cost of operating the fee 

program at that time, and there was a 

carry-over balance that was available for 

other uses related to the operation and 

maintenance of U.S. Route 209. As 

documented above, in recent years the 

cost of managing commercial operations 

has been more than the revenue 

collected. The collection of fees for 

commercial vehicle use of U.S. Route 

209 is authorized by Federal statute, and 

Congress’s intent is that the commercial 

vehicle fees collected fund the 

commercial traffic management 

program. The National Park Service has 

set the fees to attempt to provide an 

amount of revenue approximately equal 

to or slightly over the cost of collection, 

and to fund the commercial traffic 

management program with the collected 

revenue. There is no plan to set fees at 

a level that would provide funds for 

maintenance of the highway, though 

any surplus could be used for repairs. 

The new fee schedule is provided in 

Table 2.

TABLE 2.—NEW FEE SCHEDULE

Vehicle description Fee 

2 axle cars, vans, trucks .................. $3 

2 axle vehicles with trailer ................ 5 

2 axle, 6 wheeled vehicles ............... 8 

3 axle vehicles .................................. 10 

4 axle vehicles .................................. 13 

5 axle vehicles .................................. 18 

Effect of a Fee Increase on the Trucking 

Industry 

Prior to the partial closure of U.S. 

Route 209 to commercial vehicles in 

1983, more than 2,000 tractor-trailers 

per day traveled through the recreation 

area. That number has been reduced to 

fewer than 200 per day in 2001, 

including fee-paying and fee-exempt 

trucks. The 5-axle, fee-paying tractortrailers using U.S. Route 209 use the 

highway because it is the most 

convenient route between their points of 

origin and destination. A majority of 

these trucks are making trips between 

points within one hundred miles north 

or south of the recreation area. 

Generally, these trucks are either based 

in Monroe or Northampton Counties, 

PA, or are serving businesses in the 

four-county New York area. Relatively 

few trucks originating more than a 

hundred miles from Delaware Water 

Gap National Recreation Area use the 

highway, even if they would be 

permitted to use the highway based on 

their destination. The trucks using U.S. 

Route 209 do so because it is the most 

convenient, and economically feasible, 

alternative. 

There are two potential alternate 

routes available to the majority of trucks 

currently using U.S. Route 209. The first 

is to bypass the highway through the 

recreation area by traveling between 

Interstates 80 and 84 via Route 402. This 

route is not usable because there is a 

weight limit of 20,000 lbs.; an average 

weight for a loaded tractor trailer is 

80,000 lbs. The second alternative is to 


ER24SE04.002</GPH>
Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57179

use Interstate 380 between Routes 80 

and 84. This route adds approximately 

46 miles to each one-way trip. Using a 

2003 estimate of $1.45 per mile for 

shipping freight via tractor trailers, 

travel via Interstate 380 adds an 

additional $66. Other alternatives, such 

as using Route 94 or Interstate 287, are 

unlikely to be chosen because of traffic 

congestion, additional miles, and tolls. 

Therefore, NPS expects the large 5-axle, 

fee-paying traffic to remain relatively 

constant. 

NPS has identified the six most 

common companies using U.S. Route 

209 on a fee basis. These six companies 

paid approximately 45 percent of all the 

5-axle fees paid in fiscal year 2001. NPS 

received approximately $46,277 from 

these companies in calendar year 2001, 

out of a total of $103,838 paid by all 5-

axle vehicles in fiscal year 2001. This 

compares a calendar year to a fiscal 

year, so therefore these are estimates, 

but they should be approximately 

correct because the traffic from these six 

companies is relatively constant. These 

companies will be the most affected by 

a fee increase. Increasing the fees by 

155% will proportionally increase the 

cost of using U.S. Route 209 to these 

companies. Table 3 summarizes the 

total number of paid trips by these 

companies and the revenue received 

from them in calendar year 2001.

TABLE 3.—TOTAL 5-AXLE FEE TRIPS AND REVENUE RECEIVED CALENDAR YEAR 2001 

Dicks

Concrete 

Co. 

East Penn 

Trucking 

Co. 

Rollin

Johnson 

Inc. 

Moyer 

Packing Co. 

(MOPAC) 

Roadway 

Express Inc. 

F.T. Silfies, 

Inc. 

Total number of 5-axle fees trips ..................................... 1,941 274 1,607 678 859 1,252 

Total fees paid ($) ............................................................ 13,587 1,918 11,249 4,746 6,013 8,764 

Effect of Proposed Fee Increase on NPS 

NPS anticipates fee revenue will 

increase by about 155% the when the 

proposed rule becomes final and the fee 

schedule is increased. Revenue from 

commercial vehicles decreased over the 

years of the program, but NPS does not 

have enough years of data since the 

resumption of fee collection in 1996 to 

predict future collections. A small 

percentage of commercial vehicles may 

elect to use an alternate route, rather 

than using U.S. Route 209. However, the 

larger 5-axle trucks are still expected to 

use the highway, as $18 per trip will 

still be less expensive than driving the 

additional miles on alternate routes. If 

those assumptions are correct, the 

revenue collected will be affected 

mostly by economic conditions. 

The NPS estimates the fee revenue 

will be $270,300 in the first fiscal year 

following implementation of the revised 

fee schedule. NPS believes the fee 

increase will be implemented on or 

shortly before the beginning of fiscal 

year 2005 on October 1, 2004. NPS 

anticipates spending an average 

additional 3.3 percent per year to 

operate the commercial vehicle fee 

program, based on increases in 

personnel costs. Figure 4 illustrates 

expected revenue collected, expenses, 

and carryover until the end of fiscal year 

2005. This projection is based on the 

current hours of operation, which target 

about 90 percent of the commercial 

traffic. If the fee collection operation 

were extended beyond the end of fiscal 

year 2005, and revenue remained 

constant, the operation would be 

operating at a deficit during fiscal year 

2007.

Summary of Comments 

The National Park Service published 

a proposed rule on July 6, 2004, (69 FR 

40562). Two comments were received 

on the rule during the 30-day comment 

period. 

Comment: A private citizen from New 

Jersey commented that the increase in 

fees was not sufficient, and that the 

National Park Service should charge 

each commercial vehicle the maximum 

of $25.00 as allowed by the 1995 law. 

In addition, the comment included the 

statement that the fees should be $25.00 

per axle. 

Response: The National Park Service 

fee structure was originally designed to 

be consistent to those used by 


ER24SE04.003</GPH>
57180 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

governmental entities that collect fees or 

tolls for roadway or bridge use; i.e., the 

amount of the fee is based on the 

number of axles the vehicle has. For 

example smaller, lighter vehicles such 

as pickup trucks are charged a fee at the 

lower end of the schedule, while the 

largest, heaviest vehicles such as tractortrailers pay the highest fees. 

The National Park Service wishes to 

retain that accepted fee structure. It has 

adjusted fees to a level that, given no 

decrease in present use, will make the 

commercial vehicle regulation program 

self-sustaining as directed by Public 

Law 98–63; increasing fees to $25.00 per 

vehicle would likely result in an excess 

of funds above the cost of managing the 

program. Though Congress has also 

authorized the use of funds to perform 

maintenance on the highway, no 

maintenance/construction on U.S. Route 

209 is expected during fiscal year 2005. 

Thus collecting funds in excess of 

operating costs would therefore be 

inappropriate. In addition, the 

suggestion of charging $25.00 per axle 

would exceed the maximum fee 

authorized by Congress. 

Comment: The second comment 

received was from the management of a 

truck terminal in the local area. The 

terminal is a branch facility of a large 

multinational corporation. The 

comment received was to suggest a 6-

year phase-in of the increase in fees. 

Response: P.L. 104–333 ends the 

National Park Service authority to 

collect fees on September 30, 2005, so 

any collections beyond that time would 

not be authorized, and a phase-in 

therefore not possible. As mentioned 

before, the Service established the fee 

schedule to cover costs; any lesser 

amounts would prevent the program 

from becoming self-sufficient.

Compliance With Other Laws 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and has not been reviewed by the 

Office of Management and Budget under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

The NPS has prepared an Initial CostBenefit analysis to support this 

statement. That analysis can be viewed 

at http://www.nps.gov/dewa.

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. Actions taken under 

this rule will not interfere with other 

agencies or local government plans, 

policies, or controls. This is an agencyspecific rule. 

(3) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. This 

rule will have no effects on 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients. No grants or other 

forms of monetary supplements are 

involved. 

(4) This rule does not raise novel 

policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This certification is 

based on a Regulatory Flexibility 

threshold analysis performed by NPS 

economists in October 2003. That 

document can be viewed at http://

www.nps.gov/dewa.

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments or the private sector. 

This rule is an agency-specific rule 

and imposes no other requirements on 

other agencies, governments, or the 

private sector. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

taking implications. A taking 

implication assessment is not required. 

No takings of personal property will 

occur as a result of this rule. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, the rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

This proposed rule only affects use of 

NPS-administered lands and waters. It 

has no outside effects on other areas. 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

Paperwork Reduction Act 

This regulation does not require an 

information collection from 10 or more 

parties and a submission under the 

Paperwork Reduction Act is not 

required. An OMB form 83–I is not 

required. 

National Environmental Policy Act

A Final Environmental Impact 

Statement for the management of U.S. 

Route 209 was issued in September 

1983. The Department has determined 

that further compliance under this Act 

is not required for any of these proposed 

actions. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government to Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2: 

We have evaluated potential effects 

on federally recognized Indian tribes 

and have determined that there are no 

potential effects. 

Clarity of Rule 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this rule 

easier to understand, including answers 

to questions such as the following: (1) 

Are the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

read if it were divided into more (but 

shorter) sections? (A ‘‘section’’ appears 

in bold type and is preceded by the 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57181

symbol ‘‘§ ’’ and a numbered heading; 

for example § 7.71 Delaware Water 

Gap National Recreation Area. (5) Is 

the description of the rule in the 

‘‘Supplementary Information’’ section of 

the preamble helpful in understanding 

the proposed rule? What else could we 

do to make the rule easier to 

understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street, 

NW., Washington, DC 20240. 

Drafting Information 

The principal contributors to this 

proposed rulemaking are Joel Schwartz, 

Fee Collection Program Manager, and 

Brian McDonnell, Park Ranger, and 

Philip A. Selleck, Chief Ranger, 

Delaware Water Gap NRA.

List of Subjects in 36 CFR Part 7 

District of Columbia, National parks, 

reporting and recordkeeping 

requirements.

■ For the reasons stated in the preamble, 

the National Park Service amends 36 

CFR Part 7 as follows:

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM

■ 1. The authority citation for Part 7 

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under DC Code 

8–137 (1981) and DC Code 40–721 (1981).

■ 2. Section 7.71 is amended by revising 

paragraphs (e)(1)(i) through (vi) to read 

as follows:

§ 7.71 Delaware Water Gap National 

Recreation Area. 

(e) Commercial Vehicle Fees.

(1) * * *

(i) Two-axle car, van or truck—$3 

(ii) Two-axle vehicle with trailer—$5 

(iii) Two-axle 6-wheeled vehicle—$8 

(iv) Three-axle vehicle—$10 

(v) Four-axle vehicle—$13 

(vi) Five or more-axle vehicle—$18

* * * * *

Dated: September 16, 2004. 

Paul Hoffman, 

Deputy Assistant Secretary for Fish and 

Wildlife and Parks.

[FR Doc. 04–21470 Filed 9–23–04; 8:45 am] 

BILLING CODE 4312–JG–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office 

37 CFR Parts 2 and 7 

[Docket No. 2004–T–037] 

RIN 0651–AB78 

New Mailing Addresses for Paper 

Submissions of Trademark-Related 

Correspondence and Madrid Protocol 

Rules Change

AGENCY: Patent and Trademark Office, 

Commerce.

ACTION: Final rule.

SUMMARY: The United States Patent and 

Trademark Office (‘‘Office’’) is 

amending its rules to provide for new 

mailing addresses for trademark-related 

correspondence submitted on paper. 

The Office is also amending some of the 

rules that govern the submission of 

documents pursuant to the Protocol 

Relating to the Madrid Agreement 

Concerning the International 

Registration of Marks (‘‘Madrid 

Protocol’’) in the United States. 

Specifically, the Office is: Removing the 

requirement that international 

applications, subsequent designations, 

responses to notices of irregularity 

issued by the International Bureau of 

the World Intellectual Property 

Organization (‘‘IB’’), and requests for 

transformation be filed through the 

Trademark Electronic Application 

System (‘‘TEAS’’); limiting the 

requirement that fees payable to the IB 

for international applications, 

subsequent designations, and requests 

to record changes of ownership in the 

International Register be paid at the 

time of submission only if the document 

is filed through TEAS; and designating 

new mailing addresses for trademarkrelated correspondence and paper-filed 

international applications, subsequent 

designations, responses to notices of 

irregularity, requests to record changes 

in the International Register, requests 

for transformation, and petitions to the 

Director to review an action of the 

Office’s Madrid Processing Unit 

(‘‘MPU’’).

DATES: Effective Date: October 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Cheryl L. Black, Office of the 

Commissioner for Trademarks, by 

telephone at (703) 308–8910, ext. 153, or 

by e-mail to cheryl.black@uspto.gov.

SUPPLEMENTARY INFORMATION: 

Background 

New Mailing Addresses for Paper 

Submissions of Trademark-Related 

Documents 

The Office’s Trademark Operation, as 

well as its Trademark Trial and Appeal 

Board, are currently housed at 2900 

Crystal Drive in Arlington, Virginia, and 

§ 2.190 requires that all trademarkrelated correspondence filed on paper, 

except for requests to record documents 

in the Assignment Services Division and 

requests for copies of trademark 

documents, be sent to that location. 

The Trademark Operation and the 

Trademark Trial and Appeal Board are 

moving to a new facility in Alexandria, 

Virginia. It is expected that this move 

will commence on or about October 4, 

2004, and will be completed on or about 

November 9, 2004. The Office is 

therefore amending § 2.190 to provide 

for new mailing addresses for all paperfiled trademark-related correspondence, 

except for requests to record documents 

in the Assignment Services Division and 

requests for copies of trademark 

documents. 

The Office continues to encourage 

trademark applicants and registrants to 

file documents with the Trademark 

Operation via the Trademark Electronic 

Application System (‘‘TEAS’’), available 

at http://www.uspto.gov, and to file 

documents with the Trademark Trial 

and Appeal Board via the Electronic 

System for Trademark Trials and 

Appeals (‘‘ESTTA’’), available at http://

estta.uspto.gov. 

Madrid Protocol Rules Changes 

The Madrid Protocol is an 

international treaty that allows a 

trademark owner to seek registration in 

any of the countries and organizations 

that have joined the Protocol 

(‘‘Contracting Parties’’), by submitting a 

single international application. The 

international application must be based 

on a trademark application filed in or 

registration issued by the trademark 

office of one of the Contracting Parties 

(‘‘basic application’’ or ‘‘basic 

registration’’), and must be submitted to 

the IB through the trademark office of 

the Contracting Party in which the basic 

application or registration is held 

(‘‘Office of Origin’’). Before forwarding 

the international application to the IB, 

the Office of Origin must certify that the 

information in the international 

application corresponds to the 

information in the basic application or 

registration. 

The Madrid Protocol became effective 

in the United States on November 2, 

2003. The Madrid Protocol 

Implementation Act of 2002, Public Law