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

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59811

as a final rule in the May 3, 1999, 

Federal Register (64 FR 23734). To 

prevent sudden fluctuations in annual 

state section 106 grant funding that 

could compromise the effectiveness of 

state programs, the revised formula for 

allotting funds to the states established 

a funding floor based on each state’s 

previous level of funding. This ‘‘hold 

harmless’’ provision ensures that unless 

there is a decrease in the CWA section 

106 state appropriation, each state will 

receive at least the same level of funding 

as the previous year. 

The state funding floor is adjusted for 

inflation when the funds appropriated 

for states under the Water Pollution 

Control State grant program increase 

from the preceding fiscal year. These 

adjustments are made on the basis of the 

cumulative change in the Consumer 

Price Index (CPI), published by the U.S. 

Department of Labor, since the most 

recent year in which Water Pollution 

Control State grant funding increased. 

Inflation adjustments for states are 

capped at the lesser of the percentage of 

change in appropriated funds or the 

cumulative percentage change in the 

inflation rate. 

The section 106 interstate formula 

historically has not used a funding floor 

to allocate funds. However, due to 

fluctuations in interstate allocations 

since the implementation of the most 

recent section 106 state and interstate 

formula revisions, and in response to a 

request from eligible interstate agencies, 

EPA is modifying the interstate 

allotment formula to incorporate a 

funding floor and an inflation factor so 

that it is consistent with the current 

state allocation formula. This ‘‘hold 

harmless’’ provision will ensure that 

unless there is a decrease in the CWA 

section 106 state appropriation, each 

interstate agency will receive, at a 

minimum, the same level of section 106 

funding received in the previous fiscal 

year. 

The funding floor will be adjusted for 

inflation when the funds appropriated 

for states under the Water Pollution 

Control State grant program increase 

from the preceding fiscal year. These 

adjustments will be made on the basis 

of the cumulative change in the CPI, 

published by the U.S. Department of 

Labor, since the most recent year in 

which the Water Pollution Control State 

grant funding increased. Inflation 

adjustments to the interstate agency 

funding floor will be capped at the 

lesser of the percentage of change in 

appropriated funds or the cumulative 

percentage change in the inflation rate. 

Any section 106 appropriated funds 

allocated to the interstate agencies 

through the interstate set-aside above 

the amount needed to meet the funding 

floor described above will be distributed 

based on ‘‘the extent of the pollution 

problem in the respective states.’’

Specifically, in the case of interstate 

agencies, this additional allotment will 

be based on the extent of the pollution 

problem in those states within the 

drainage basin or watershed area 

covered by the compact of each 

interstate agency. This variable 

component of the current interstate 

allotment formula remains unchanged 

by this action. 

Regulated Entities: The six interstate 

agencies eligible to receive grants under 

section 106 of the Clean Water Act are 

regulated by this rule. They are: the 

New England Interstate Water Pollution 

Control Commission; Interstate 

Environmental Commission; Interstate 

Commission of the Potomac River Basin; 

Delaware River Basin Commission; 

Susquehanna River Basin Commission; 

and the Ohio River Valley Water 

Sanitation Commission. 

Background: The current CWA 

section 106 interstate agency allotment 

formula was finalized in FY 1999. Since 

FY 1999, the interstate set-aside has 

been set at the level of 2.6 percent of the 

total funds appropriated for states under 

the CWA Section 106 Grant Program. 

The current section 106 interstate 

agency allotment formula consists of 

two parts: (1) a base allotment; and (2) 

a variable allotment. See, 40 CFR 

35.162(c)(1) and (2). 

The base allotment of the current 

formula ensures that each interstate 

agency receives a minimum base 

allotment of $125,000 to provide for 

coordination activities among its 

member states. However, no more than 

50 percent of the total funding available 

through the interstate set-aside may be 

allocated as part of the base allotment. 

If, given the 50 percent limitation 

placed on the base allotment, the 

amount of funding available through the 

interstate set-aside is insufficient to 

provide each interstate agency with 

$125,000, then each interstate agency 

receives a base allotment equal to 50 

percent of the total interstate set-aside 

divided by six; the number of interstate 

agencies.

The variable allotment provides for 

funds to be allocated to interstate 

agencies on the basis of ‘‘the extent of 

the pollution problem in the respective 

States;’’ specifically, in the case of the 

allotment to interstate agencies, those 

states within the drainage basin or 

watershed area covered by the compact 

of each interstate agency. Funds not 

allotted under the base allotment are 

allocated to interstate agencies based on 

each interstate agency’s share of their 

member states’ section 106 allotment 

ratios. The state allotment ratios for 

those states involved in compacts with 

more than one interstate agency are 

allocated among such interstate agencies 

based on the percentage of each state’s 

territory that is situated within the 

drainage basin or watershed area 

covered by each compact. Updates to 

the data sources used to determine the 

state allotments under the CWA section 

106 state allocation formula 

automatically result in corresponding 

updates to the variable allotment to the 

interstate agencies. 

While the current interstate ‘‘base 

allotment’’ ensures a minimum 

$125,000 base level of funding for all 

interstate agencies, increases in funding 

available to interstate agencies since the 

formula revisions in 1999 have 

increased each interstate agency’s total 

allotment. As a result, the base 

allotment level of funding is no longer 

sufficient to protect each interstate 

agency from potentially significant 

fluctuations in total funding resulting 

from the regularly scheduled updates to 

the support data for the section 106 state 

formula. This has resulted in 

unexpected decreases in funding for 

some interstates and has impacted their 

ability to plan for and implement their 

program activities. This revision is 

meant to protect the interstate agencies 

from the most detrimental impacts of 

such adjustments in the allocation of 

section 106 funds. 

Statutory and Executive Order 

Reviews: Under Executive Order 12866 

(58 FR 51735, October 4, 1993), this 

regulation is not a ‘‘significant 

regulatory action’’ and is therefore not 

subject to OMB review. Because this 

grant regulation is not subject to notice 

and comment requirements under the 

Administrative Procedures Act or any 

other statute, it is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) or sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1999 

(UMRA) (Pub. L. 104–4). In addition, 

this regulation does not significantly or 

uniquely affect small governments. This 

regulation does not have tribal 

implications, as specified in Executive 

Order 13175 (63 FR 67249, November 9, 

2000). This regulation will not have 

federalism implications, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This regulation is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations that 

Significantly Affect Energy Supply, 

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

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. This regulation does not involve 

technical standards; thus, the

59812 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

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 regulation 

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., 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. Since this final 

grant rule contains legally binding 

requirements, it is subject to the 

Congressional Review Act, 5 U.S.C. 801 

et seq., and EPA will submit this rule in 

its report to Congress under the Act.

List of Subjects in 40 CFR Part 35 

Environmental protection, 

Administrative practices and 

procedures, Environmental program 

grants, Water pollution control.

Dated: September 30, 2004. 

Mike O. Leavitt, 

Administrator.

■ EPA amends 40 CFR part 35 as follows:

■ 1. The authority citation for part 35, 

subpart A continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 

1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 

6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 

2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 

104–134, 110 Stat. 1321, 1321–299 (1966); 

Pub. L. 105–65, 111 Stat. 1344, 1373 (1997).

Subpart A—Amended

■ 2. Section 35.162 is amended by 

revising paragraphs (c) introductory text 

and (c)(1) to read as follows:

§ 35.162 Basis for allotment.

* * * * *

(c) Interstate allotment formula. EPA 

will set-aside 2.6 percent of the funds 

appropriated for the Water Pollution 

Control State grant program for 

interstate agencies. The interstate 

agency Water Pollution Control grant 

allotment formula consists of two parts: 

a funding floor with provisions for 

periodic adjustments for inflation, and a 

variable allotment. 

(1) Funding Floor. A funding floor is 

established for each interstate agency. 

Each interstate’s funding floor for FY 

2005 will be at least equal to its FY 2003 

allotment. Beginning in FY 2006, the 

interstate funding floor will ensure that 

unless there is a decrease in the CWA 

section 106 state appropriation, each 

interstate will receive at a minimum, the 

same level of funding received in the 

previous fiscal year. The funding floor 

for each interstate agency will be 

adjusted for inflation when the funds 

appropriated for states under the Water 

Pollution Control State grant program 

increase from the preceding fiscal year. 

These adjustments will be made on the 

basis of the cumulative change in the 

Consumer Price Index (CPI), published 

by the U.S. Department of Labor, since 

the most recent year in which Water 

Pollution Control State grant funding 

increased. Inflation adjustments to the 

interstate agency funding floor will be 

capped at the lesser of the percentage of 

change in appropriated funds or the 

cumulative percentage change in the 

inflation rate. If the appropriation for 

states under the Water Pollution Control 

State grant program decreases in future 

years, the funding floor will be 

disregarded and all interstate agency 

allotments will be reduced by an equal 

percentage.

* * * * *

[FR Doc. 04–22523 Filed 10–6–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[VA156–5084a; FRL–7824–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

NOX RACT Determinations for 

Washington Gas Company

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Virginia State Implementation Plan 

(SIP). The revision consists of a 

reasonably available control technology 

(RACT) for the control of nitrogen 

oxides (NOX) from Washington Gas 

Company, Ravensworth Station, 

Registration No. 72277, located in 

Fairfax County, Virginia. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act.

DATES: This rule is effective on 

December 6, 2004 without further 

notice, unless EPA receives adverse 

written comment by November 5, 2004. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register

and inform the public that the rule will 

not take effect.

ADDRESSES: Submit your comments, 

identified by VA156–5084 by one of the 

following methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

B. E-mail: morris.makeba@epa.gov.

C. Mail: Makeba Morris, Chief, Air 

Quality Planning Branch, Mailcode 

3AP21, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. VA156–5084. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The Federal regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Copies of the documents relevant to 

this action are available for public 

inspection during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; and 

Commonwealth of Virginia, Department 

of Environmental Quality, 629 East 

Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Betty Harris, (215) 814–2168, or by email at harris.betty@epa.gov.

SUPPLEMENTARY INFORMATION: