Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28609 

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 

and Department of Homeland Security 

Management Directive 5100.1, 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)(h), of the Instruction, from further 

environmental documentation. Special 

local regulations issued in conjunction 

with a regatta or marine event permit 

are specifically excluded from further 

analysis and documentation under those 

sections. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add temporary § 100.35–T05–020 

to read as follows: 

§ 100.35–T05–020 Delaware River, 

Delaware City, DE. 

(a) Regulated area. The regulated area 

includes all waters of the Delaware 

River within 500 yards either side of a 

line drawn southwesterly from a point 

near the shoreline at Pea Patch Island, 

at latitude 39°35′08′′ N, 075°34′18′′ W, 

thence to latitude 39°34′43.6′′ N, 

075°35′13′′ W, a position located near 

the Delaware City Wharf, Delaware City, 

DE. All coordinates reference Datum 

NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(d) Enforcement period. This section 

will be enforced from 5:30 a.m. to 10:30 

a.m. on June 9, 2007. 

Dated: May 12, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–9777 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–047] 

Drawbridge Operation Regulations; 

Pequonnock River, Bridgeport, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Stratford Avenue 

Bridge across the Pequonnock River, 

mile 0.1, at Bridgeport, Connecticut. 

Under this temporary deviation, in 

effect from May 29, 2007 through 

September 17, 2007, the Stratford 

Avenue Bridge may remain in the 

closed position, except for scheduled 

daily bridge openings. This deviation is 

necessary to facilitate scheduled bridge 

maintenance. 

DATES: This deviation is effective from 

May 29, 2007 through September 17, 

2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, One 

South Street, New York, New York, 

10004, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (212) 


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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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