25080 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

feet of vertical clearance throughout the 

navigation channel and 46 feet of 

vertical clearance throughout the center 

60-feet of the bridge; vertical clearance 

referenced to the Mean Water Level of 

Lake Washington. Vessels which do not 

require a bridge opening may continue 

to transit beneath the bridge during this 

closure period. Under normal 

conditions this bridge operates in 

accordance with 33 CFR 117.1051(e) 

which requires the bridge to open on 

signal, except that the bridge need not 

open for vessels less than 1,000 gross 

tons between 7 a.m. and 9 a.m. and 3:30 

p.m. and 6:30 p.m. Monday through 

Friday. This deviation period is from 

7:30 a.m. on May 20, 2012 through 9 

a.m. on Sunday, May 20, 2012. The 

deviation allows the bascule span of the 

Montlake Bridge to remain in the closed 

position and need not open for maritime 

traffic from 7:30 a.m. through 9 a.m. on 

May 20, 2012. The bridge shall operate 

in accordance to 33 CFR 117.1051(e) at 

all other times. Waterway usage on the 

Lake Washington Ship Canal ranges 

from commercial tug and barge to small 

pleasure craft. Mariners will be notified 

and kept informed of the bridge’s 

operational status via the Coast Guard 

Notice to Mariners publication and 

Broadcast Notice to Mariners as 

appropriate. The draw span will be 

required to open, if needed, for vessels 

engaged in emergency response 

operations during this closure period. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 30, 2012. 

Randall D. Overton, 

Bridge Administrator. 

[FR Doc. 2012–10186 Filed 4–26–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1173] 

RIN 1625–AA00 

Safety Zones; TriMet Bridge Project, 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing safety zones encompassing 

the work trestles and construction 

cranes involved in the construction of 

the TriMet Bridge on the Willamette 

River, in Portland, OR. This action is 

necessary to ensure the safety of 

recreational vessels and commercial 

vessels transiting in close proximity to 

cranes and overhead work associated 

with this construction project. These 

safety zones replace the prior safety 

zones established for the TriMet Bridge 

construction site and are more focused 

in nature than the previous safety zone. 

During the enforcement period, all 

vessels will be required to transit the 

area at a safe distance from the work 

being conducted. 

DATES: This rule is effective from April 

27, 2012 until October 31, 2014. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1173 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1173 in the ‘‘Keyword’’ 

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

are 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 temporary 

rule, call or email ENS Ian McPhillips, 

Waterways Management Division, Coast 

Guard MSU Portland; telephone 503– 

240–9319, email 

Ian.P.McPhillips@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest’’. 

Under 5 U.S.C. 553(b)(B), the Coast 

Guard finds that good cause exists for 

not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule because to do so would be 

impracticable, since bridge construction 

is already underway and the safety zone 

continues to be immediately necessary 

to help ensure the safety of recreational 

and commercial vessels transiting in 

close proximity to cranes, barges, and 

temporary structures associated with 

this construction project. 

Under 5 U.S.C. 553(d)(1), the Coast 

Guard finds that this rule may be made 

effective less than 30 days after 

publication in the Federal Register 

because it relieves restrictions imposed 

by the prior safety zones, which were 

broader in scope. Furthermore, under 

553(d)(3), we find that any delay in the 

effective date of this rule would 

constitute a danger to the vessels in this 

area as well as the structures associated 

with the construction project. 

Background and Purpose 

Currently, a safety zone exists around 

the TriMet Bridge Project on the 

Willamette River. This temporary rule is 

being published to modify the safety 

zone at issue, so that the exclusionary 

zone does not extend from riverbank to 

riverbank in this section of the river, 

and also to clarify that the safety zones 

are only temporary. The new zones will 

require vessels passing through the area 

to remain a distance of 100 feet in all 

directions away from the work trestles 

and 140 feet in all directions from the 

cranes. To ensure the safety of 

construction crews on the barges, 

temporary structures, and cranes, two 

safety zones on each side of the river are 

being established to require vessels in 

the vicinity of the construction area to 

remain outside of the two designated 

safety zones. Additionally, this will 

ensure that the vessels operating in the 

vicinity of the designated areas will not 

be in any dangerous areas. 

Discussion of Rule 

The two safety zones created by this 

rule cover all waters of the Willamette 

River; however, the establishment of the 

safety zones does not close this section 

of the Willamette River to vessels 

desiring to pass through the area when 

transiting up-bound or down-bound. 

The section of the Willamette River 

between the safety zones will remain 

open for vessel transits throughout the 

entirety of the project unless otherwise 

specified by the Captain of the Port 

Columbia River. Vessels passing 

through the area will be required to 

remain a distance of 100 feet in all 

directions away from the work trestles 

and 140 feet in all directions of the 

cranes. The safety zones will ensure the 

safety of all vessels and crew that are 

working and transiting in the 

construction areas. Other maritime 

users, such as dragon boats, kayaks, and 

canoes, will also be able to transit 

through the open section. 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25081 

Regulatory Analyses 

The Coast Guard 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. The Coast Guard has made this 

determination based on the fact that the 

safety zones created by this rule will not 

significantly affect the maritime public 

because vessels may still transit in the 

vicinity of the safety zones. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), The Coast Guard has 

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 may affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to operate in the area 

covered by the safety zones. The safety 

zones will not have a significant 

economic impact on a substantial 

number of small entities because the 

area can still be used to transit through 

this section of the river. Other maritime 

users, such as dragon boats, kayaks, and 

canoes, will be able to transit through 

the open section. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

the Coast Guard offers to assist small 

entities in understanding the rule so 

that they can 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. The Coast 

Guard has analyzed this rule under that 

Order and has 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 

The Coast Guard has 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 

The Coast Guard has analyzed this 

rule under Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Coast Guard 

has 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 

The Coast Guard has analyzed this 

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 

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25082 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 the establishment of a safety 

zone. 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. 1226, 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Remove § 165.1338. 

■ 3. Add § 165.T13–209 to read as 

follows: 

§ 165.T13–209 Safety Zones; TriMet Bridge 

Project, Willamette River; Portland, OR. 

(a) Location. The following are safety 

zones: All waters within 100 feet of 

work trestles, in all directions, and 

within 140 feet, in all directions, of the 

TriMet bridge construction cranes. 

(b) Regulation. In accordance with the 

general regulations in 33 CFR Part 165, 

Subpart C, no vessel operator may enter 

or remain in the safety zones without 

the permission of the Captain of the Port 

or Designated Representative. The 

Captain of the Port may be assisted by 

other Federal, state, or local agencies 

with the enforcement of the safety 

zones. 

(c) Authorization. All vessel operators 

who desire to enter the safety zones 

must obtain permission from the 

Captain of the Port or Designated 

Representative by contacting the onscene patrol craft. Vessel operators 

granted permission to enter the zones 

will be escorted by the on-scene patrol 

craft until they are outside of the safety 

zones. 

(d) Enforcement Period. The safety 

zones detailed in paragraph (a) of this 

section will be enforced from 12:01 a.m. 

on July 1, 2011 through 11:59 p.m. on 

October 30, 2014. 

Dated: April 6, 2012. 

B.C. Jones, 

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

Port, Columbia River. 

[FR Doc. 2012–10261 Filed 4–26–12; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Picture Permit Imprint Indicia 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service will revise 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 604.5 to add picture permit 

imprint indicia standards allowing 

customers to include business-related 

color images, such as corporate logos, 

company brand or trademarks, in the 

permit indicia area of First-Class Mail®

full-service automation letters and 

postcards, and all Standard Mail®

letters. 

DATES: Effective Date: June 24, 2012. 

FOR FURTHER INFORMATION CONTACT: NiiKwashie Aryeetey 202–268–7442 or 

Suzanne Newman at 202–268–5581. 

SUPPLEMENTARY INFORMATION: The use of 

picture permit imprint indicia is 

designed to improve the effectiveness of 

a mailpiece by including a businessrelated color image within the permit 

imprint indicia. When tested, indicia 

placed in the upper right corner of the 

mailpiece that contained color images 

did not impede the Postal Service’s 

ability to obtain the required postage 

payment information from the permit 

indicia. 

Additionally, market research shows 

that customers believe that picture 

permit imprint indicia will enhance the 

perception of mail. Mailers indicated 

that they would use picture permit 

imprints for existing mail volume and 

some said they would increase their 

mail volumes if picture permit imprint 

indicia were allowed. 

Therefore, this final rule expands 

current permit imprint standards to 

allow mailers to, subject to additional 

Postal Service standards, include a color 

image of a business-related design, such 

as corporate logos or trademarks, as part 

of their permit imprint indicia on full 

service automation IMbTM mailings, for 

a per piece fee in addition to postage. 

Mailers interested in picture permit 

imprint indicia may contact 

picturepermit@usps.com for more 

information. 

Pending favorable action by the Postal 

Regulatory Commission on the Postal 

Service’s March 28, 2012 filing of the 

price and classification changes related 

to charges for picture permit imprint 

indicia, the Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), which is 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR Part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods 

* * * * * 

5.0 Permit Imprint (Indicia) 

5.1 General Standards 

5.1.1 Description 

[Revise 5.1.1 by adding a new last 

sentence to read as follows:] 

* * * A picture permit imprint 

indicia (5.4) may not be used on reply 

mail pieces. 

* * * * * 

5.1.4 Permit and Fees 

[Revise the text of 5.1.4 as follows:] 

A mailer may obtain a permit to use 

a permit imprint indicia by submitting 

PS Form 3615, Mailing Permit 

Application and Customer Profile, and 

the applicable fees to the Post Office 

where mailings are made. Except for 

mailpieces bearing picture permit 

imprint indicia (5.4), there are no other 

fees for the use of a permit imprint 

indicia but other fees (e.g., an annual 

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