15216 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR part 100 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

of waterway users and shore side 

activities in the event area. The category 

of water activities includes but is not 

limited to sail boat regattas, boat 

parades, power boat racing, swimming 

events, crew racing, canoe and sail 

board racing. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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 a temporary section, § 100.35– 

T05–1113 to read as follows: 

§ 100.35–T05–1113 Special Local 

Regulations for Marine Events; Potomac 

River, Charles County, MD. 

(a) Regulated area. The following 

location is a regulated area: All waters 

of the Potomac River, within lines 

connecting the following positions: from 

latitude 38°22′05′′ N, longitude 

076°59′03′′ W, thence to latitude 

38°21′50′′ N, longitude 077°00′54′′ W, 

and from latitude 38°21′29′′ N, longitude 

077°00′54′′ W to latitude 38°21′45′′ N, 

longitude 076°58′59′′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) The 

Coast Guard Patrol Commander may 

forbid and control the movement of all 

vessels and persons in the regulated 

area. When hailed or signaled by an 

official patrol vessel, a vessel or person 

in the regulated area shall immediately 

comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(2) All Coast Guard vessels enforcing 

this regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period: This section 

will be enforced from 7 a.m. until 12:30 

p.m. on May 22, 2011. 

Dated: February 28, 2011. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2011–6587 Filed 3–18–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0038] 

RIN 1625–AA87 

Security Zones; Cruise Ships, Port of 

San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

its regulations for Security Zones; 

Cruise Ships, Port of San Diego, 

California, by providing a common 

description of all security zones created 

by this section to encompass only 

navigable waters within a 100 yard 

radius around any cruise ship that is 

located within the San Diego port area 

landward of the sea buoys bounding the 

Port of San Diego. This final rule 

removes a reference to shore area that is 

no longer necessary to provide for the 

safety of the cruise ship, vessels, and 

users of the waterway. Entry into these 

security zones will be prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) San Diego, or a COTP 

designated representative. 

DATES: This rule is effective April 20, 

2011. 

ADDRESSES: The contents of the online 

docket for this rulemaking, USCG– 

2011–0038, may be viewed by going to 

http://www.regulations.gov, inserting 

USCG–2011–0038 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Commander Michael 

B. Dolan, Prevention, Coast Guard 

Sector San Diego, Coast Guard; 

telephone 619–278–7261, e-mail 

Michael.B.Dolan@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

Regulatory Information 

On January 27, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled Security Zones; Cruise Ships, 

Port of San Diego, California in the 

Federal Register (76 FR 4833). We 

received no comments on the proposed 

rule, either through the electronic 

docket office, or directly to Coast Guard 

Sector San Diego. A public meeting was 

not requested, and none were held. The 

telephone number listed in the 

proposed rule to contact the Captain of 

the Port listed was incorrect. We have 

corrected it in this final rule. 

Basis and Purpose 

Based on experience with actual 

security zone enforcement operations, 

the COTP San Diego has concluded that 

a security zone encompassing all 

navigable waters, extending from the 

surface to the sea floor, within a 100 

yard radius around any cruise ship that 

is within the San Diego port area inside 

the sea buoys bounding the Port of San 

Diego would provide for the safety of 

the cruise ship, vessels, and users of the 

waterway. Therefore, no reference to 

shore area in security zones for moored 

cruise ships is required. 

Background 

The Coast Guard is establishing a 

permanent security zone regulation. The 

security zones created by this rule will 

encompass all navigable waters, 

extending from the surface to the sea 

floor, within a 100 yard radius around 

any cruise ship that is within the San 

Diego port area inside the sea buoys 

bounding the Port of San Diego. These 

security zones are necessary to provide 

for the safety of the cruise ship, other 

vessels and users of the waterway. Entry 

into these zones will be prohibited 

unless specifically authorized by the 


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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 15217 

Captain of the Port (COTP) San Diego, 

or a COTP designated representative. 

Paragraph (b)(2) of the existing 33 

CFR 165.1108 includes reference to the 

shore area. The COTP has determined 

that security zones for moored cruise 

ships in San Diego Harbor need not 

include any shore area, as the shore side 

passenger terminals used for cruise ship 

operations are regulated under 

regulations in 33 CFR part 105 issued 

under authority of the Maritime 

Transportation Security Act of 2002 

(Pub. L. 107–295). These MTSA 

regulations were published July 1 (68 

FR 39315) and October 22, 2003 (68 FR 

60515), months after the final rule 

establishing 33 CFR 165.1108 was 

published on January 8, 2003 (68 FR 

1005). 

The Coast Guard issued a temporary 

final rule that suspends § 165.1108 

(b)(2) through June 20, 2011. See 75 FR 

82243, December 30, 2010. With the 

issuance of this final rule, the temporary 

final rule of December 30, 2010, is no 

longer needed. This final rule will 

remove that section. 

Further, this rule amends both 33 CFR 

165.1108 (b) and (c). In addition to 

clarifying the area covered by security 

zones created by § 165.1108 (b), this rule 

simplifies the regulation by not 

distinguishing between anchored cruise 

ships, moored cruise ships and cruise 

ships underway. Also, paragraph (c) is 

amended to make it clearer that persons 

and vessels may not enter these security 

zones without first obtaining permission 

of the Captain of the Port San Diego. 

Discussion of Comments and Changes 

There were no comments submitted to 

the electronic docket or to Coast Guard 

Sector San Diego. No changes were 

made from the proposed regulation, 

except to correct the telephone number 

listed to contact the Captain of the Port. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We expect the economic impact 

of this rule to be so minimal that full 

Regulatory Evaluation is unnecessary. 

Most of the entities likely to be affected 

are pleasure craft engaged in 

recreational activities and sightseeing. 

In addition, due to National Security 

interests, the implementation of this 

security zone regulation is necessary for 

the protection of the United States and 

its people. The size of the zones is the 

minimum necessary to provide adequate 

protection for cruise ships. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

San Diego Bay within a 100-yard radius 

of cruise ships covered by this rule. 

This security zone regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because vessel traffic can pass safely 

around the zones. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause 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 


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15218 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 

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 proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves amending a security zone 

regulation by removing the reference to 

shore area in security zones for moored 

cruise ships. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

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. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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. In § 165.1108, reinstate temporarily 

suspended paragraph (b)(2), and then 

revise paragraphs (b) and (c) to read as 

follows: 

§ 165.1108 Security Zones; Moored Cruise 

Ships, Port of San Diego, California. 

* * * * * 

(b) Location. The following areas are 

security zones: All navigable waters, 

extending from the surface to the sea 

floor, within a 100-yard radius around 

any cruise ship that is located within 

the San Diego port area landward of the 

sea buoys bounding the Port of San 

Diego. 

(c) Regulations. Under regulations in 

33 CFR part 165, subpart D, a person or 

vessel may not enter into or remain in 

the security zones created by this 

section unless authorized by the Coast 

Guard Captain of the Port, San Diego 

(COTP) or a COTP designated 

representative. Persons desiring to 

transit these security zones may contact 

the COTP at telephone number (619) 

278–7033 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 or her designated 

representative. 

* * * * * 

§ 165.T11–386 [Removed] 

■ 3. Remove § 165.T11–386. 

Dated: March 7, 2011. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2011–6579 Filed 3–16–11; 4:15 pm] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 965 

Rules of Practice in Proceedings 

Relative to Mail Disputes 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending the rules of practice of the 

Office of the Judicial Officer to clarify 

that parties may submit arguments as 

well as sworn statements in support of 

their claims to disputed mail. In 

addition, the rules are being amended to 

clarify some provisions and update 

obsolete language. 

DATES: Effective Date: March 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Administrative Judge Gary E. Shapiro, 

(703) 812–1910. 

SUPPLEMENTARY INFORMATION: 

Supporting statements. The rules 

governing proceedings relative to mail 

disputes are found in 39 CFR part 965. 

Formerly, § 965.5 provided that each 

party shall file a sworn statement of the 

facts supporting its claim to the 

disputed mail together with a copy of 

each document on which it relies in 

making such claim. The revised rule 

clarifies that the submission also may 

include argument as to why the factual 

statement and supporting documents 

should result in that party’s claim to the 

disputed mail being accepted. The 

change concerning inclusion of 

argument in the parties’ mail dispute 

submissions is intended to reflect 

longstanding practice to that effect. 

Clarifying this matter should avoid 

confusion from unclear wording that 

could, and in one recent case did lead 

a disputant to believe that only factual 

presentation and not argument is 

permitted by the rules. Corresponding 

changes are made to section 965.6. 

Editorial changes. Several other 

changes are made to various sections of 

the rules for the purpose of clarifying 

the rules, updating the rules, or 

conforming the rules to current practice. 

None of the changes affects the 

substantive rights of disputants. 

Changes in sections 965.1, 965.2, 965.3, 

965.4(b)(2), 965.8(a), and 965.14 reflect 

current practice and eliminate reference 

to obsolete language. Section 965.9(c) is 

eliminated as unnecessary. 

Effective date. These revisions are 

changes in agency rules of practice 

before the Judicial Officer and do not 

substantially affect any rights or 

obligations of private parties. Therefore, 

it is appropriate for their adoption by 

the Postal Service to become effective at 

an early date; and these revised rules 


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