Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29613

interfering with its special functions as

a naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: May 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Captain R. R. Pixa, JAGC, U.S. Navy

Admiralty Counsel, Office of the Judge

Advocate General, Navy, Department,

200 Stovall Street, Alexandria, VA

22332–2400, Telephone number: (703)

325–9744

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS STOUT

(DDG 55) is a vessel of the Navy which,

due to its special construction and

purpose, cannot comply fully with the

following specific provision of 72

COLREGS without interfering with its

special function as a naval ship: Annex

I, paragraph 3(a), pertaining to the

location of the forward masthead light

in the forward quarter of the vessel, the

placement of the after masthead light,

and the horizontal distance between the

forward and after masthead lights. The

Deputy Assistant Judge Advocate

General (Admiralty) has also certified

that the lights involved are located in

closest possible compliance with the

applicable 72 COLREGS requirements.

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and

Vessels.

Accordingly, 32 CFR part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Five of § 706.2 is amended by

revising the entry for the USS STOUT

to read as follows:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

TABLE FIVE

Vessel No.

Masthead

lights not

over all

other lights

and obstructions.

annex I,

sec. 2(f)

Forward

masthead

light not in

forward

quarter of

ship. annex

I, sec. 3(a)

After masthead light

less than 1⁄2

ship’s

length aft of

forward

masthead

light. annex

I, sec. 3(a)

Percentage

horizontal

separation

attained

* * * * * * *

USS STOUT ........................................................................................... DDG 55 X X X 19.6

* * * * * * *

Dated: May 8, 1998.

Approved:

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty).

[FR Doc. 98–14289 Filed 5–29–98; 8:45 am]

BILLING CODE 3810–FF–P

PANAMA CANAL COMMISSION

35 CFR Part 133

RIN 3207–AA–46

Tolls for Use of Canal

AGENCY: Panama Canal Commission.

ACTION: Final rule.

SUMMARY: The Panama Canal

Commission (Commission) is revising

its method of payment of tolls and other

vessel charges to allow certain small

vessels paying a toll of not more than

$1,500 to have the option to pay tolls

and fees for other ancillary services by

using commercial credit cards, under

conditions established by the

Commission.

DATES: Effective June 1, 1998.

FOR FURTHER INFORMATION CONTACT: John

A. Mills, Telephone: (202) 634–6441,

Facsimile: (202) 634–6439, E-mail:

pancanalwo@aol.com; or Department of

Financial Management, Telephone 011

(507) 272–3137, Facsimile: 011 (507)

272–3433, E-mail: fmf@pancanal.com.

SUPPLEMENTARY INFORMATION: On June 1,

1998, the Commission will establish a

new toll structure for small vessels

transiting the Panama Canal. This

change is being implemented as part of

the efforts the Commission is taking to

allocate better its resources and to

provide a more efficient service.

The Commission is also aware of the

importance of providing better service

to customers. The Board of Directors of

the Commission, therefore, approved a

change which will allow small vessel

owners to guarantee the payment of tolls

and fees for other ancillary services by

use of a commercial credit card.

Currently, all vessels transiting the

Canal must pay tolls in full, or secure

these charges through a financial

institution designated by the

Commission as provided in 35 CFR

133.74. Vessels must satisfy this

requirement before they are permitted to

enter a lock, as well as pay all other

charges before a vessel is permitted to

depart from the Canal. Unless one of the

exceptions under 35 CFR 133.74

applies, all payments are required to be

made in cash.

This new exception will expedite the

paperwork involved in the transit of

small vessels by allowing vessel owners

to complete payment requirements in

less time. Furthermore, this will

facilitate the Commission’s

administrative process involved in the

payment of tolls and other vessel

charges for small vessel transits. No

notice or comment period is being

afforded as this change will provide an

immediate benefit to affected Canal

users.

The Commission is exempt from

Executive Order 12866 and its

provisions do not apply to this rule.

Even if the Order were applicable, the

rule would not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act. The
29614 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

implementation of the rule will have no

adverse effect on competition,

employment, investment, productivity,

innovation, or on the ability of United

States-based enterprises to compete

with foreign-based enterprises in

domestic or export markets.

Finally, the Secretary of the Panama

Canal Commission certifies these

changes meet the applicable standards

set out in sections 2(a) and 2(b)(2) of

Executive Order 12778.

List of Subjects in 35 CFR Part 133

Navigation, Panama Canal, Vessels.

For the reasons stated in the

preamble, the Panama Canal

Commission is amending 35 CFR part

133 as follows:

PART 133—TOLLS FOR USE OF

CANAL

1. The authority citation for part 133

continues to read as follows:

Authority: 22 U.S.C. 3791–3792, 3794.

2. Revise the heading of § 133.74 and

add paragraph (c) to read as follows:

§ 133.74 Same; exception; payment

secured by deposit of cash or bonds; credit

cards.

* * * * *

(c) Vessels assessed a toll of not more

than $1,500 under § 133.1(d) may pay

the respective toll and any charges for

ancillary services by credit card, under

such conditions as are established by

the Commission.

Dated: May 22, 1998.

John A. Mills,

Secretary.

[FR Doc. 98–14181 Filed 5–29–98; 8:45 am]

BILLING CODE 3640–04–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket #: 980511124–8124–01]

Revision of Patent Cooperation Treaty

Application Procedure

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Interim rule with request for

public comments.

SUMMARY: The Patent and Trademark

Office (Office or USPTO) is amending

its rules of practice relating to

applications filed under the Patent

Cooperation Treaty (PCT) to conform

the United States rules of practice with

the corresponding changes to the

Regulations under the PCT which

become effective July 1, 1998. The result

will be more streamlined procedures for

filing and prosecuting international

applications under the PCT.

DATES: Effective date: July 1, 1998.

Comment deadline date: To be

ensured of consideration, written

comments must be received on or before

July 31, 1998. No public hearing will be

held.

ADDRESSES: Address written comments

to: Box Comments—Patents, Assistant

Commissioner for Patents, Washington,

D.C. 20231, or by facsimile to (703) 308–

6459, marked to the attention of Richard

Lazarus. Comments submitted by

facsimile should be followed by a copy

of the comments submitted by mail. The

Office would also prefer that comments

submitted by mail be accompanied by a

copy of the comments in a standard

word processing format on a 3 1⁄4 inch

disk.

The comments will be available for

public inspection in Crystal Plaza Two,

room 7A04, 2011 South Clark Place,

Arlington, Virginia, and will be

available through anonymous file

transfer protocol (ftp) via the Internet

(address: ftp.uspto.gov). Since

comments will be made available for

public inspection, information that is

not desired to be made public, such as

an address or phone number, should not

be included in the comments.

FOR FURTHER INFORMATION CONTACT:

Richard Lazarus, PCT Legal Office

Supervisor, by telephone at (703) 308–

6451; or by mail addressed to: Box PCT,

Assistant Commissioner for Patents,

Washington, DC 20231; or by facsimile

to (703) 308–6459, marked to the

attention of Richard Lazarus.

SUPPLEMENTARY INFORMATION: During a

September-October 1997 meeting of the

Governing Bodies of the World

Intellectual Property Organization

(WIPO), the PCT Assembly adopted

amendments to the PCT Regulations,

which will take effect on July 1, 1998.

The amended PCT Regulations were

published in the Official Gazette at 1210

Off. Gaz. Pat. Office 29 (May 12, 1998).

The resulting changes to PCT practice

will improve filing and processing

procedures for applicants filing

international applications.

This interim rule amends the United

States rules of practice to conform them

to corresponding changes made to the

PCT Regulations that will take effect on

July 1, 1998. The interim rules will also

be effective on July 1, 1998. The Office

will publish a final rule either

confirming the adoption of these interim

rules as final rules or adopting final

rules which reflect changes made based

upon the public comments received in

response to this interim rule.

Applicants are hereby notified that

PCT Rules 20.4(c) and 26.3ter(a) and (c)

as amended are not compatible with the

national law of the United States, and

thus the USPTO has taken a reservation

on adherence to these Rules through its

notification to the Director General of

WIPO to such effect. See PCT Rules

20.4(d) and 26.3ter(b) and (d).

Applicants of international applications

in the United States need to be aware of

these differences to avoid the

consequences of failing to comply with

the requirements of United States law.

For example, PCT Rules 20.4(c) and

26.3ter(a) and (c) permit an

international filing date to be accorded

notwithstanding that portions of the

international application are in a

language not acceptable to the Receiving

Office. 35 U.S.C. 361 does not permit

this practice and a filing date will not

be accorded by the USPTO under these

provisions or circumstances. However,

if any portion of the international

application is not in English, but is in

a language of filing accepted by the

International Bureau, it will be

forwarded to the International Bureau

pursuant to the provisions of PCT Rule

19.4. The International Bureau will act

as a Receiving Office and accord a

receipt date as of the receipt date in the

USPTO.

Similarly, the USPTO continues not

to adhere to the unchanged provisions

of PCT Rule 49.5(cbis) and (k) with

respect to the translation requirements

for United States national stage

applications (35 U.S.C. 371(c)(2)). See

PCT Rule 49.5(l).

The above noted changes to the PCT

Regulations include the addition of new

PCT Rules 89bis and 89ter (directed to

electronic filing and processing of

international applications) which will

enter into force at the same time as the

modifications to the Administrative

Instructions implementing those PCT

Rules. Implementation of PCT Rules

89bis and 89ter is optional with each

national office. In the event that the

USPTO decides to implement PCT

Rules 89bis and 89ter, the USPTO will

provide notice to that effect in the

Federal Register and Official Gazette.

Discussion of Specific Rules

Title 37 of the Code of Federal

Regulations, Part 1, is amended as

follows:

Section 1.14(g) is added to comply

with the amendments to PCT Rule 94.

After international publication and

establishment of the international

preliminary examination report, third

parties are permitted access to