28610 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

668–7165. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195. 

SUPPLEMENTARY INFORMATION: The 

Stratford Avenue Bridge, across the 

Pequonnock River, mile 0.1, at 

Bridgeport, Connecticut, has a vertical 

clearance in the closed position of 8 feet 

at mean high water and 14 feet at mean 

low water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.219(b). 

The owner of the bridge, Connecticut 

Department of Transportation, requested 

a temporary deviation to facilitate 

bridge deck replacement. The bridge 

will not be able to open while the bridge 

deck removal is underway and until it 

is rebalanced. 

Under this temporary deviation the 

Stratford Avenue Bridge shall operate as 

follows: 

From May 29, 2007 through July 19, 

2007, Monday through Saturday, the 

bridge may remain in the closed 

position, except that, the bridge shall 

open on signal from 6 a.m. to 7 a.m. and 

from 4 p.m. to 7 p.m. The bridge shall 

open on signal all day on Sundays, and 

on Wednesday, July 4, 2007. 

From July 20, 2007 through 

September 17, 2007, Monday through 

Saturday, the bridge may remain in the 

closed position, except that, the bridge 

shall open on signal from 6 a.m. to 7 

a.m., and from 4 p.m. to 7 p.m., and, 

from 7 p.m. to 6 a.m., the bridge shall 

open on signal after at least a two-hour 

advance notice is given by calling (203) 

579–6204. The bridge shall open on 

signal all day on Sundays, and the Labor 

Day weekend (September 1, 2, and 3, 

2007.) 

In accordance with 33 CFR 117.35(e), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

Should the bridge maintenance 

authorized by this temporary deviation 

be completed before the end of the 

effective period published in this notice, 

the Coast Guard will cancel the 

remainder of this temporary deviation, 

and the bridge shall be returned to its 

normal operating schedule. Notice of 

the above action shall be provided to the 

public in the Local Notice to Mariners 

and the Federal Register, where 

practicable. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: May 11, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E7–9693 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 6 

[Docket No. PTO–T–2007–0004] 

RIN 0651–AC10 

International Trademark Classification 

Changes 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: The United States Patent and 

Trademark Office (Office) issues a final 

rule to incorporate classification 

changes adopted by the Nice Agreement 

Concerning the International 

Classification of Goods and Services for 

the Purposes of the Registration of 

Marks (Nice Agreement). These changes 

became effective January 1, 2007, and 

are listed in the International 

Classification of Goods and Services for 

the Purposes of the Registration of 

Marks (9th ed., 2006), which is 

published by the World Intellectual 

Property Organization (WIPO). In 

addition, the Office is amending some 

punctuation and spelling in certain 

wording so the wording conforms to 

what appears in the Nice Agreement. 

DATES: This final rule is effective May 

22, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jessie Roberts, Office of the 

Commissioner for Trademarks, by 

telephone at (571) 272–9574; by 

facsimile transmission addressed to her 

at (571) 273–9574; by e-mail addressed 

to her at Jessie.Roberts@USPTO.gov; or 

by mail marked to her attention and 

addressed to the Commissioner for 

Trademarks, P.O. Box 1451, Alexandria, 

VA 22313–1451. 

SUPPLEMENTARY INFORMATION: 

Discussion of Specific Rule Changed 

The Office is revising § 6.1 to 

incorporate classification changes and 

modifications that became effective 

January 1, 2007, or in earlier revisions 

of the Nice Agreement, as listed in the 

International Classification of Goods 

and Services for the Purposes of the 

Registration of Marks (9th ed., 2006), 

published by WIPO. In addition, the 

Office is revising the punctuation and 

spelling of certain wording so that it 

will conform to what appears in the 

Nice Agreement. 

These revisions have been 

incorporated into the Nice Agreement. 

As a signatory to the Nice Agreement, 

the United States adopts these revisions 

pursuant to Article 1. 

The following changes are noted: 

Class 4 is amended to change ‘‘wicks’’

to ‘‘wicks for lighting.’’

Class 5 is amended to change 

‘‘pharmaceutical, veterinary, and 

sanitary preparations’’ to 

‘‘pharmaceutical and veterinary 

preparations; sanitary preparations for 

medical purposes;’’

Class 9 is amended to delete 

‘‘electric’’ after ‘‘surveying;’’ and to add 

‘‘apparatus and instruments for 

conducting, switching, transforming, 

accumulating, regulating or controlling 

electricity;’’ before ‘‘apparatus for 

recording.’’

Class 16 is amended to delete 

‘‘playing cards.’’ Playing cards are 

classified in Class 28. 

Class 21 is amended to delete ‘‘(not of 

precious metal or coated therewith)’’

after ‘‘Household or kitchen utensils 

and containers.’’

Class 29 is amended to add ‘‘frozen’’

before ‘‘dried;’’ to delete ‘‘fruit sauces’’

and replace it with ‘‘compotes.’’

Class 42 is amended to delete ‘‘Legal 

services.’’

Class 45 is amended to add ‘‘Legal 

services’’ and to reorder the manner in 

which the services are listed in the 

class. 

Rule Making Requirements 

Administrative Procedure Act: The 

amendments in this final rule are 

procedural in nature as they only 

reorganize the international 

classifications of goods and services and 

modify the form of the wording. The 

reorganization and modification have 

been established by the Committee of 

Experts of the Nice Union and have 

been promulgated in the volume 

entitled International Classification of 

Goods and Services for the Purposes of 

the Registration of Marks (9th ed. 2006). 

Therefore, prior notice and an 

opportunity for public comment are not 

required pursuant to 5 U.S.C. 553(b)(A), 

or any other law. Furthermore, pursuant 

to 5 U.S.C. 553(b)(B), notice and an 

opportunity for public comment are 

unnecessary since the amendments are 

required by the Nice Agreement, to 

which the United States is a signatory. 

Regulatory Flexibility Act: As prior 

notice and an opportunity for public 

comment are not required pursuant to 5 


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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28611 

U.S.C. 553 (or any other law), the 

analytical requirements of the 

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

et seq.) are inapplicable. 

Executive Order 13132: This final rule 

does not contain policies with 

federalism implications, as that term is 

defined in Executive Order 13132 

(August 4, 1999). 

Executive Order 12866: This final rule 

has been determined to be not 

significant for purposes of Executive 

Order 12866 (September 30, 1993). 

Paperwork Reduction Act: This final 

rule does not involve information 

collection requirements which are 

subject to review by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

List of Subjects in 37 CFR Part 6 

Trademarks. 

■ For the reasons given in the preamble 

and under the authority contained in 35 

U.S.C. 2 and 15 U.S.C. 1112 and 1123, 

as amended, the United States Patent 

and Trademark Office is amending part 

6 of title 37 as follows: 

PART 6—CLASSIFICATION OF GOODS 

AND SERVICES UNDER THE 

TRADEMARK ACT 

■ 1. The authority citation for part 6 

continues to read as follows: 

Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 

2, unless otherwise noted. 

■ 2. Revise § 6.1 to read as follows: 

§ 6.1 International schedule of classes of 

goods and services. 

Goods 

1. Chemicals used in industry, science 

and photography, as well as in 

agriculture, horticulture and forestry; 

unprocessed artificial resins, 

unprocessed plastics; manures; fire 

extinguishing compositions; tempering 

and soldering preparations; chemical 

substances for preserving foodstuffs; 

tanning substances; adhesives used in 

industry. 

2. Paints, varnishes, lacquers; 

preservatives against rust and against 

deterioration of wood; colorants; 

mordants; raw natural resins; metals in 

foil and powder form for painters, 

decorators, printers and artists. 

3. Bleaching preparations and other 

substances for laundry use; cleaning, 

polishing, scouring and abrasive 

preparations; soaps; perfumery, 

essential oils, cosmetics, hair lotions; 

dentifrices. 

4. Industrial oils and greases; 

lubricants; dust absorbing, wetting and 

binding compositions; fuels (including 

motor spirit) and illuminants; candles 

and wicks for lighting. 

5. Pharmaceutical and veterinary 

preparations; sanitary preparations for 

medical purposes; dietetic substances 

adapted for medical use, food for babies; 

plasters, materials for dressings; 

material for stopping teeth, dental wax; 

disinfectants; preparations for 

destroying vermin; fungicides, 

herbicides. 

6. Common metals and their alloys; 

metal building materials; transportable 

buildings of metal; materials of metal for 

railway tracks; non-electric cables and 

wires of common metal; ironmongery, 

small items of metal hardware; pipes 

and tubes of metal; safes; goods of 

common metal not included in other 

classes; ores. 

7. Machines and machine tools; 

motors and engines (except for land 

vehicles); machine coupling and 

transmission components (except for 

land vehicles); agricultural implements 

other than hand-operated; incubators for 

eggs. 

8. Hand tools and implements (handoperated); cutlery; side arms; razors. 

9. Scientific, nautical, surveying, 

photographic, cinematographic, optical, 

weighing, measuring, signalling, 

checking (supervision), life-saving and 

teaching apparatus and instruments; 

apparatus and instruments for 

conducting, switching, transforming, 

accumulating, regulating or controlling 

electricity; apparatus for recording, 

transmission or reproduction of sound 

or images; magnetic data carriers, 

recording discs; automatic vending 

machines and mechanisms for coinoperated apparatus; cash registers, 

calculating machines, data processing 

equipment and computers; fireextinguishing apparatus. 

10. Surgical, medical, dental and 

veterinary apparatus and instruments, 

artificial limbs, eyes and teeth; 

orthopedic articles; suture materials. 

11. Apparatus for lighting, heating, 

steam generating, cooking, refrigerating, 

drying, ventilating, water supply and 

sanitary purposes. 

12. Vehicles; apparatus for 

locomotion by land, air or water. 

13. Firearms; ammunition and 

projectiles; explosives; fireworks. 

14. Precious metals and their alloys 

and goods in precious metals or coated 

therewith, not included in other classes; 

jewellery, precious stones; horological 

and chronometric instruments. 

15. Musical instruments. 

16. Paper, cardboard and goods made 

from these materials, not included in 

other classes; printed matter; 

bookbinding material; photographs; 

stationery; adhesives for stationery or 

household purposes; artists’ materials; 

paint brushes; typewriters and office 

requisites (except furniture); 

instructional and teaching material 

(except apparatus); plastic materials for 

packaging (not included in other 

classes); printers’ type; printing blocks. 

17. Rubber, gutta-percha, gum, 

asbestos, mica and goods made from 

these materials and not included in 

other classes; plastics in extruded form 

for use in manufacture; packing, 

stopping and insulating materials; 

flexible pipes, not of metal. 

18. Leather and imitations of leather, 

and goods made of these materials and 

not included in other classes; animal 

skins, hides; trunks and travelling bags; 

umbrellas, parasols and walking sticks; 

whips, harness and saddlery. 

19. Building materials (non-metallic); 

non-metallic rigid pipes for building; 

asphalt, pitch and bitumen; nonmetallic transportable buildings; 

monuments, not of metal. 

20. Furniture, mirrors, picture frames; 

goods (not included in other classes) of 

wood, cork, reed, cane, wicker, horn, 

bone, ivory, whalebone, shell, amber, 

mother-of-pearl, meerschaum and 

substitutes for all these materials, or of 

plastics. 

21. Household or kitchen utensils and 

containers; combs and sponges; brushes 

(except paint brushes); brush-making 

materials; articles for cleaning purposes; 

steelwool; unworked or semi-worked 

glass (except glass used in building); 

glassware, porcelain and earthenware 

not included in other classes. 

22. Ropes, string, nets, tents, awnings, 

tarpaulins, sails, sacks and bags (not 

included in other classes); padding and 

stuffing materials (except of rubber or 

plastics); raw fibrous textile materials. 

23. Yarns and threads, for textile use. 

24. Textiles and textile goods, not 

included in other classes; bed and table 

covers. 

25. Clothing, footwear, headgear. 

26. Lace and embroidery, ribbons and 

braid; buttons, hooks and eyes, pins and 

needles; artificial flowers. 

27. Carpets, rugs, mats and matting, 

linoleum and other materials for 

covering existing floors; wall hangings 

(non-textile). 

28. Games and playthings; gymnastic 

and sporting articles not included in 

other classes; decorations for Christmas 

trees. 

29. Meat, fish, poultry and game; meat 

extracts; preserved, frozen, dried and 

cooked fruits and vegetables; jellies, 

jams, compotes; eggs, milk and milk 

products; edible oils and fats. 

30. Coffee, tea, cocoa, sugar, rice, 

tapioca, sago, artificial coffee; flour and 

preparations made from cereals, bread, 


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28612 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

pastry and confectionery, ices; honey, 

treacle; yeast, baking-powder; salt, 

mustard; vinegar, sauces (condiments); 

spices; ice. 

31. Agricultural, horticultural and 

forestry products and grains not 

included in other classes; live animals; 

fresh fruits and vegetables; seeds, 

natural plants and flowers; foodstuffs 

for animals, malt. 

32. Beers; mineral and aerated waters 

and other non-alcoholic drinks; fruit 

drinks and fruit juices; syrups and other 

preparations for making beverages. 

33. Alcoholic beverages (except 

beers). 

34. Tobacco; smokers’ articles; 

matches. 

Services 

35. Advertising; business 

management; business administration; 

office functions. 

36. Insurance; financial affairs; 

monetary affairs; real estate affairs. 

37. Building construction; repair; 

installation services. 

38. Telecommunications. 

39. Transport; packaging and storage 

of goods; travel arrangement. 

40. Treatment of materials. 

41. Education; providing of training; 

entertainment; sporting and cultural 

activities. 

42. Scientific and technological 

services and research and design 

relating thereto; industrial analysis and 

research services; design and 

development of computer hardware and 

software. 

43. Services for providing food and 

drink; temporary accommodation. 

44. Medical services; veterinary 

services; hygienic and beauty care for 

human beings or animals; agriculture, 

horticulture and forestry services. 

45. Legal services; security services 

for the protection of property and 

individuals; personal and social services 

rendered by others to meet the needs of 

individuals. 

Dated: May 16, 2007. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property, and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E7–9764 Filed 5–21–07; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2005–0159; FRL–8316–5] 

RIN 2060–AN40 

Final Rule on the Treatment of Data 

Influenced by Exceptional Events; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting Amendments. 

SUMMARY: The EPA issued a final rule 

on March 22, 2007, entitled ‘‘Treatment 

of Data Influenced by Exceptional 

Events.’’ The rule governs the review 

and handling of air quality monitoring 

data determined to be influenced by 

exceptional events. This document 

makes minor corrections to language 

contained in the regulatory text for the 

rule. 

EFFECTIVE DATE: This document is 

effective on May 22, 2007. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding these corrections, 

contact Mr. Larry Wallace, U.S. 

Environmental Protection Agency, 

Office of Air Quality Planning and 

Standards, Mail Code C539–02, 

Research Triangle Park, NC 27711, 

phone number (919) 541–0906 or by 

e-mail at: wallace.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The EPA issued the final rule on ‘‘The 

Treatment of Data Influenced by 

Exceptional Events’’ on March 22, 2007, 

72 FR 13560. 

Need for Correction 

As published, the final regulations 

contain errors which may prove to be 

misleading and are in need of 

clarification. EPA finds that there is 

good cause to make these corrections 

without providing for notice and 

comment, and for making these 

corrections effective immediately upon 

publication, because neither notice or 

comment, nor a delayed effective date, 

is necessary and would not be in the 

public interest due to the nature of the 

corrections which are minor, technical, 

and non-controversial. 

The final action, without notice and 

comment, and the immediate effective 

date for this action is authorized under 

5 U.S.C. 553(d)(3)(B) and 553(d)(3) 

which allows an effective date less than 

30 days after publication if ‘‘as 

otherwise provided by the agency for 

cause found and published with the 

rule.’’ As indicated above, the final rule 

on Exceptional Events was published 

after notice and comment on March 22, 

2007 and becomes effective on May 21, 

2007, 60 days from publication. Thus, 

additional notice and comment for these 

minor technical corrections is 

unnecessary under 5 U.S.C. 553(b)(3)(B) 

and EPA finds that good cause exists for 

these corrections to become effective 

immediately. 

Corrections of Rule 

In the final rule for ‘‘The Treatment of 

Data Influenced by Exceptional Events’’, 

72 FR 13560, March 22, 2007, correction 

is being made to the regulatory text of 

the rule beginning at 40 CFR 50.14(c) 

and to the title of 40 CFR part 51. This 

action makes a correction under the 

section entitled ‘‘Treatment of air 

quality monitoring data influenced by 

exceptional events.’’ Under § 50.14(c)(2) 

entitled ‘‘Schedules and procedures’’, 

‘‘Flagging of data’’, change subsection (i) 

to remove the reference to 40 CFR 58.16 

and to read as follows: 

(i) A State shall notify EPA of its intent to 

exclude one or more measured exceedances 

of an applicable ambient air quality standard 

as being due to an exceptional event by 

placing a flag in the appropriate field for the 

data record of concern which has been 

submitted to the AQS database. 

The final correction being made to the 

rule begins on page 13581, column two. 

Change the title of the section to read as 

follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS’’

Dated: May 15, 2007. 

Stephen L. Johnson, 

Administrator. 

■ In consideration of the foregoing, the 

Environmental Protection Agency 

amends 40 CFR parts 50 and 51 as 

follows: 

PART 50—NATIONAL PRIMARY AND 

SECONDARY AMBIENT AIR QUALITY 

STANDARDS 

■ 1. The authority citation for part 50 

continues to read as follows: 

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

■ 2. Section 50.14 (c)(2)(i) is revised to 

read as follows: 

§ 50.14 Treatment of air quality monitoring 

data influenced by exceptional events. 

* * * * * 

(c) * * * 

(2) Flagging of data. 

(i) A State shall notify EPA of its 

intent to exclude one or more measured 


cprice-sewell on PRODPC61 with RULES