Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59809

Though this rule will not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights.

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation because we are 

establishing a safety zone. 

A final ‘‘Environmental Analysis 

Checklist’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available for review in the docket 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reports and record keeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add § 165.T11–042 to read as 

follows:

§ 165.T11–042 Safety Zone: San Francisco 

Bay, CA. 

(a) Location. The following area is 

designated as a safety zone: All of 

Anchorage 8 as described in 33 CFR 

§ 110.224(e)(5) as well as the channel 

between Anchorage 8 and Anchorage 9 

as bounded by the following positions: 

37°46′40′′ N, 122°21′23′′ W; thence to 

37°46′28′′ N, 122°21′17′′ W; thence to 

37°46′22′′ N, 122°19′07′′ W; thence to 

37°46′05′′ N, 122°18′31′′ W; thence to 

37°46′18′′ N, 122°17′55′′ W; thence to 

37°46′32′′ N, 122°17′59′′ W; thence 

returning to the point of origin. [NAD 

83] 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into, transit through, 

or anchoring within this zone by all 

vessels is prohibited unless authorized 

by the Captain of the Port or his 

designated representative. 

(2) Persons desiring to transit the area 

of the safety zone may contact the 

Captain of the Port at telephone number 

415–399–3547 or on VHF–FM channel 

16 (156.8 Mhz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

the Port or his designated 

representative. 

(c) Enforcement. All persons and 

vessels shall comply with the 

instructions of the Coast Guard Captain 

of the Port or the designated on-scene 

patrol personnel. Patrol personnel 

comprise commissioned, warrant, and 

petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, state, and federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel must 

proceed as directed. 

(d) Effective Dates. This safety zone 

will be in effect from 5 a.m. on October 

5, 2004 to 8 p.m. on October 7, 2004. If 

the event concludes prior to the 

scheduled termination time, the Captain 

of the Port will cease enforcement of the 

safety zone and will announce that fact 

via Broadcast Notice to Mariners.

Dated: September 27, 2004. 

Gordon A. Loebl, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, San Francisco Bay, 

California.

[FR Doc. 04–22511 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office 

37 CFR Part 2 

[Docket No. 2004–T–046] 

RIN 0651–AB82 

Waiver of Pixel Requirement for 

Drawings Filed Electronically

AGENCY: Patent and Trademark Office, 

Commerce.

59810 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

ACTIONS: Waiver of rule requiring 

certain specified pixel count for 

drawings submitted electronically. 

SUMMARY: The United States Patent and 

Trademark Office (‘‘Office’’) is waiving 

the requirement that drawings filed 

through the Trademark Electronic 

Application System (‘‘TEAS’’) have a 

length and width of no less than 250 

pixels and no more than 944 pixels.

DATES: Applicability Date: The 

requirement of 37 CFR 2.53(c) are 

hereby waived as of October 6, 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 

A final rule amending the Trademark 

Rules of Practice was published on 

September 26, 2003, at 68 FR 55748. 

The purpose of the final rule was to 

clarify and improve the procedures for 

processing trademark applications, and 

to implement the Madrid Protocol 

Implementation Act of 2002, Public Law 

107–273, 116 Stat. 1758, 1913–1921 

(‘‘MPIA’’), which provide a system for 

obtaining an international registration. 

The MPIA amended the Trademark Act 

of 1946 to implement the provisions of 

the Protocol Relating to the Madrid 

Agreement Concerning the International 

Registration of Marks (‘‘Madrid 

Protocol’’). The final rule added a new 

§ 2.53, setting forth the requirements for 

a drawing filed through TEAS. Section 

2.53(c) provides as follows: 

(c) Requirements for digitized image:

The image must be in .jpg format and 

scanned at no less than 300 dots per 

inch and no more than 350 dots per 

inch with a length and width of no less 

than 250 pixels and no more than 944 

pixels. All lines must be clean, sharp 

and solid, not fine or crowded, and 

produce a high quality image when 

copied. 

These requirements were deemed 

necessary to ensure that the Office’s 

database contains a clear and accurate 

reproduction of the mark and meets the 

8 cm by 8 cm size limit that is required 

for an international application under 

the Madrid Protocol. 

The Office has determined that it is 

not always necessary to have the pixel 

count required by the rule in order to 

produce a clear and accurate 

reproduction of a mark. 

Partial Waiver of § 2.53(c) 

Accordingly, until further notice, the 

Office hereby waives the requirement of 

§ 2.53(c) that drawings filed through 

TEAS must have a length and width of 

no less than 250 pixels and no more 

than 944 pixels. Although the 

requirement is hereby waived, the 

Office encourages applicants to 

continue to submit drawings with a 

length and width of no less than 250 

pixels and no more than 944 pixels. 

The other requirements of § 2.53(c) 

remain in effect. That is, a drawing filed 

through TEAS must be in .jpg format 

and scanned at no less than 300 dots per 

inch and no more than 350 dots per 

inch. All lines must be clean, sharp and 

solid, not fine or crowded, and produce 

a high quality image when copied. 

Other Considerations 

The change addressed in this rule is 

limited to waiving a requirement that 

drawings filed through TEAS have a 

length and width of no less than 250 

pixels and no more than 944 pixels. 

This change involves rules of agency 

practice and procedure under 5 U.S.C. 

553(b)(A). Therefore, prior notice and 

opportunity for public comment, and 

thirty-day advance publication, are not 

required pursuant to 5 U.S.C. 553 (or 

any other law). As a result, a regulatory 

flexibility analysis under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) is 

not required. See 5 U.S.C. 603.

Dated: September 24, 2004. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office.

[FR Doc. 04–22365 Filed 10–5–04; 8:45 am] 

BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[OW–2004–0034; FRL–7825–2] 

Revised Allotment Formula for 

Interstate Monies Appropriated Under 

Section 106 of the Clean Water Act

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation revises the 

allotment formula for allotting funds 

appropriated under section 106 of the 

Clean Water Act (CWA) to interstate 

agencies for use in implementing 

specific elements of Clean Water Act 

programs. Section 106 of the CWA 

authorizes the Environmental Protection 

Agency (EPA) to provide grants to 

states, interstate agencies, and Indian 

tribes qualified under CWA section 

518(e) to assist them in administering 

programs for the prevention, reduction, 

and elimination of water pollution. The 

allotment formulas for the state and 

tribal portions of the CWA section 106 

Grant Program are not affected by this 

action.

DATES: This regulation is effective 

October 6, 2004.

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. OW–2004–0034. All documents in 

the docket are listed in the EDOCKET 

Index at http://www.epa.gov/edocket.

Although listed in the index, some 

information is not publicly available, 

i.e., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hard copy at the Water 

Docket in the EPA Docket Center (EPA/

DC) EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Water Docket is (202) 

566–2426.

FOR FURTHER INFORMATION CONTACT:

Carol Crow, Office of Wastewater 

Management (4201M), 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. The telephone 

number is (202) 564–0644; facsimile 

number (202) 501–2399; and e-mail 

address is crow.carol@epa.gov.

SUPPLEMENTARY INFORMATION: CWA 

section 106(a) provides general 

authority for grants to states, interstate 

agencies, and Indian tribes qualified 

under CWA section 518(e) to assist them 

in administering programs for the 

prevention, reduction, and elimination 

of water pollution. Section 106(b) of the 

CWA directs the EPA Administrator to 

make allotments from sums 

appropriated by Congress in each fiscal 

year ‘‘on the basis of the extent of the 

pollution problem in the respective 

states.’’ National data quantifying the 

extent of the pollution problem in each 

state have increased in reliability and 

availability since the first CWA section 

106 grants to states and interstates were 

made in 1972. To reflect this 

improvement, the formulae for making 

state and interstate allocations on the 

basis of the extent of the pollution 

problem underwent several revisions. 

The most recent revision was published