70126 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 

International Surface Airlift (ISAL) 

International Direct Sacks—M–Bags 

Global Customized Shipping Services 

International Money Transfer Service 

Inbound Surface Parcel Post (at non-UPU 

rates) 

International Ancillary Services 

International Certificate of Mailing 

International Registered Mail 

International Return Receipt 

International Restricted Delivery 

International Insurance 

Negotiated Service Agreements 

Domestic 

Outbound International 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. 2010–28884 Filed 11–16–10; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0776] 

RIN 1625–AA00 

Safety Zone; Fireworks Displays, 

Potomac River, National Harbor, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone upon 

specified waters of the Potomac River. 

This action is necessary to provide for 

the safety of life on navigable waters 

during fireworks displays launched 

from a discharge barge located at 

National Harbor, in Prince Georges 

County, Maryland. This safety zone is 

intended to protect the maritime public 

in a portion of the Potomac River. 

DATES: This rule is effective from 6 p.m. 

on November 17, 2010 through 11 p.m. 

on November 18, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0776 and are available online by going 

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

USCG–2010–0776 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 rule, call or 

e-mail Ronald L. Houck, Sector 

Baltimore Waterways Management 

Division, Coast Guard; telephone 410– 

576–2674, e-mail 

Ronald.L.Houck@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 

On September 1, 2010, we published 

a temporary interim rule with request 

for comments entitled ‘‘Safety Zone; 

Fireworks Displays, Potomac River, 

National Harbor, MD’’ in the Federal 

Register (75 FR 169). We received one 

comment on the interim rule. No public 

meeting was requested, and none was 

held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment; therefore, a 30-day 

notice is impracticable. Delaying the 

effective date would be contrary to the 

safety zone’s intended objectives of 

protecting persons and vessels involved 

in the event, and enhancing public and 

maritime safety. 

Background and Purpose 

Fireworks displays are frequently 

held from locations on or near the 

navigable waters of the United States. 

The potential hazards associated with 

fireworks displays are a safety concern 

during such events. The purpose of this 

rule is to promote public and maritime 

safety during five fireworks displays, 

and to protect mariners transiting the 

area from the potential hazards 

associated with a fireworks display, 

such as the accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. This 

rule is needed to ensure safety on the 

waterway during the scheduled events. 

Discussion of Comments and Changes 

The Coast Guard received a total of 

one piece of correspondence in response 

to the temporary interim rule. No public 

meeting was requested and none was 

held. What follows is a review of, and 

the Coast Guard’s response to, the issues 

and questions that were presented by 

the commenter concerning the interim 

rule. 

The commenter, the sponsor’s 

representative for the fireworks 

displays, stated in an e-mail on 

September 2, 2010 that a date change 

had occurred for the fireworks display 

scheduled on November 18, 2010. The 

fireworks display will now be held on 

November 17, 2010. 

One change is being made to the 

temporary final rule to reflect the 

change in date for the fireworks display. 

The temporary final rule will now be 

enforced from 6 p.m. through 11 p.m. on 

November 17, 2010 and if necessary due 

to inclement weather, from 6 p.m. 

through 11 p.m. on November 18, 2010. 

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. Although this safety zone will 

restrict some vessel traffic, there is little 

vessel traffic associated with 

commercial fishing in the area, and 

recreational boating in the area can 

transit waters outside the safety zone. In 

addition, the effect of this rule will not 

be significant because the safety zone is 

of limited duration and limited size. For 

the above reasons, the Coast Guard does 

not anticipate any significant economic 

impact. 

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 operate, transit, or 

anchor in a portion of the Potomac 

River, located at National Harbor, MD, 

from 6 p.m. through 11 p.m. on 

November 17, 2010, and if necessary 

due to inclement weather, from 6 p.m. 

through 11 p.m. on November 18, 2010. 


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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 70127 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone is 

of limited size and duration. In 

addition, before the effective periods, 

the Coast Guard will issue maritime 

advisories widely available to users of 

the waterway to allow mariners to make 

alternative plans for transiting the 

affected area. 

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 

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 

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 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 establishing a temporary 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. Add § 165.T05–0776 to read as 

follows: 

§ 165.T05–0776 Safety Zone; Fireworks 

Displays, Potomac River, National Harbor, 

MD. 

(a) Regulated Area. The following area 

is a safety zone: All waters in the 

Potomac River, within an area bounded 

by a line drawn from the following 

points: latitude 38°47′18′′ N, longitude 


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70128 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 

077°01′01′′ W; thence to latitude 

38°47′11′′ N, longitude 077°01′26′′ W; 

thence to latitude 38°47′25′′ N, 

longitude 077°01′33′′ W; thence to 

latitude 38°47′32′′ N, longitude 

077°01′08′′ W; thence to the point of 

origin, located at National Harbor, 

Maryland (NAD 1983). 

(b) Regulations. The general safety 

zone regulations found in 33 CFR 

165.23 apply to the safety zone created 

by this temporary section, 

§ 165.T05.0776. 

(1) All vessels and persons are 

prohibited from entering this zone, 

except as authorized by the Coast Guard 

Captain of the Port Baltimore. 

(2) Persons or vessels requiring entry 

into or passage within the zone must 

request authorization from the Captain 

of the Port Baltimore or his designated 

representative by telephone at 410–576– 

2693 or on VHF–FM marine band radio 

channel 16. 

(3) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF–FM marine band radio channels 

13 and 16. 

(4) The operator of any vessel within 

or in the immediate vicinity of this 

safety zone shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(c) Definitions. Captain of the Port 

Baltimore means the Commander, Coast 

Guard Sector Baltimore or any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his behalf. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the safety zone 

described in paragraph (a) of this 

section. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by Federal, State 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement period. This section 

will be enforced from 6 p.m. through 11 

p.m. on November 17, 2010, and if 

necessary due to inclement weather, 

from 6 p.m. through 11 p.m. on 

November 18, 2010. 

Dated: October 26, 2010. 

Mark P. O’Malley, 

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

Port Baltimore. 

[FR Doc. 2010–28898 Filed 11–16–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

2011 Changes for Domestic Mailing 

Services 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The Postal Service will revise 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) to incorporate standards for the 

introduction of Address Information 

System services, for the discontinuation 

of rigid flats claiming flats prices, and 

other clarifications. 

DATES: Effective January 2, 2011. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield, 202–268–7278. 

SUPPLEMENTARY INFORMATION: On July 9 

2010, the Federal Register published 

the Postal Service proposed rule, New 

Standards for Domestic Mailing Services 

(75 FR 39477–39492). We are re-filing 

separately with the Postal Regulatory 

Commission (PRC) our request for two 

incentive programs and for changes in 

the Move Update tolerance and will 

publish related standards in a separate 

Federal Register notice. The Postal 

Service is postponing implementation of 

any changes directly related to a price 

change. 

This final rule includes changes in 

terminology for some Standard Mail 

letter prices, discontinuation of the 

current exception that allows some rigid 

flats to claim flats prices, a change in 

the expression of decimal pounds for 

Package Services parcels, the list of 

Address Information System services, 

and the mailing standards in the DMM 

to implement the changes. We received 

no customer comments on these 

elements of the prior proposed rule. 

Standard Mail Letters 

Currently, nonbarcoded or 

nonautomation-compatible Standard 

Mail letters that are mailed at saturation 

or high density prices pay the 

corresponding nonautomation Standard 

Mail flats prices. This causes confusion 

for both customers and employees 

regarding mail preparation. For 

example, mailers often ask if they can 

enter nonautomation saturation or high 

density letters at destination delivery 

unit (DDU) prices, which is allowed for 

flats but not for letters. Similar 

confusion exists regarding the price 

terminology for nonmachinable letters 

weighing more than 3.3 ounces, which 

currently default to nonautomation flats 

prices. 

To reduce confusion, we are changing 

the terminology used for the pricing of 

nonbarcoded and/or nonautomationcompatible saturation and high density 

letters by establishing a separate price 

table for these pieces. Prices will be the 

same as for saturation and high density 

flats. This does not change the 

applicable prices for these pieces; it 

only clarifies the application of the 

current prices. 

We also will be using the term 

‘‘nonmachinable letter prices’’ to refer to 

presorted nonmachinable letters 

weighing more than 3.3 ounces, instead 

of using the current terminology. 

Nonmachinable letters over 3.3 ounces 

will continue to have the same prices as 

nonautomation flats over 3.3 ounces, 

but the prices will be called 

nonmachinable letter prices. 

Flats 

The Postal Service found that rigid 

flat-size pieces are generally less 

efficient to handle than non-rigid flats, 

even when they are able to be sorted by 

our flat-sorting machines. Therefore, we 

will eliminate the current option for 

rigid flats to be eligible for automation 

prices if they pass a Pricing and 

Classification Service Centeradministered testing process. The 

current flexibility test will remain as 

described in DMM 301.1.3. 

Parcels 

Parcel Post®, Bound Printed Matter 

(BPM), Media Mail®, and Library Mail 

single-piece parcel weights will be 

calculated by rounding off to two 

decimal places, instead of the current 

four decimal places. 

Special and Other Services 

Address Information System Products 

and Services 

Address Management at the USPS®

National Customer Support Center 

(NCSC) in Memphis, TN, provides 

value-added product and service 

offerings that enable customers to better 

manage the quality of their mailing lists 

while maximizing the Postal Service’s 

ability to deliver mail efficiently. Our 

changes add a comprehensive list of 

address information system products 

and services available from the NCSC. 

The prices for these items will be 

incorporated into Notice 123—Price 

List. 

The Postal Service hereby adopts the 

following changes to the Mailing 

Services of the United States Postal 

Service, Domestic Mail Manual (DMM), 

which is incorporated by reference in 

the Code of Federal Regulations. See 39 

CFR Part 111.1. 


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