71638 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Proposed Rules 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

Under the authority vested in the 

Attorney General by section 201(h) of 

the CSA (21 U.S.C. 811(h)), and 

delegated to the Deputy Administrator 

of the DEA by Department of Justice 

regulations (28 CFR 0.100, and section 

12 of the Appendix to Subpart R), the 

Deputy Administrator hereby intends to 

order that 21 CFR part 1308 be amended 

as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

1. The authority citation for part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 

unless otherwise noted. 

2. Section 1308.11 is amended by 

adding new paragraphs (g)(1), (2), (3), 

(4), and (5) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(g) * * * 

(1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)- 

3-hydroxycyclohexyl]-phenol-7297 

(Other names: CP-47,497) 

(2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3- 

hydroxycyclohexyl]-phenol-7298 

(Other names: cannabicyclohexanol 

and CP-47,497 C8 homologue) 

(3) 1-Butyl-3-(1-naphthoyl)indole7173 

(Other names: JWH-073) 

(4) 1-[2-(4-Morpholinyl)ethyl]-3-(1- 

naphthoyl)indole-7200 

(Other names: JWH-200) 

(5) 1-Pentyl-3-(1-naphthoyl)indole7118 

(Other names: JWH-018 and AM678) 

Dated: November 15, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–29600 Filed 11–23–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0062] 

RIN 1625–AA00 

Safety Zone; Fleet Week Maritime 

Festival, Pier 66, Elliot Bay, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its regulation establishing a 

permanent safety zone extending 100 

yards from Pier 66, Elliot Bay, WA to 

ensure adequate safety during the 

parade of ships and aerial 

demonstration for Fleet Week. This 

supplemental notice of proposed 

rulemaking introduces revisions to 

enforcement dates, times and location of 

this safety zone. This safety zone is 

necessary in order to restrict vessel 

movement for participant and spectator 

safety in the proximity of Pier 66, Elliot 

Bay, WA to provide unencumbered 

access for response craft in the event of 

an emergency during the annual parade 

of ships and aerial demonstration. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before December 27, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0062 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail LTJG Ashley M. 

Wanzer, Sector Puget Sound Waterways 

Management Division, Coast Guard; 

telephone 206–217–6175, e-mail 

SectorSeattleWWM@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0062), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0062’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2; by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 


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change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0062’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On February 25, 2010 we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Safety Zone; Fleet Week 

Maritime Festival, Pier 66, Elliot Bay, 

Seattle, WA’’ (Docket number USCG– 

2010–0062) in the Federal Register (75 

FR 037). This supplemental notice of 

proposed rulemaking provides 

simplification of the enforcement dates, 

times and location for this safety zone. 

Through this regulation, the U.S. Coast 

Guard is proposing to establish a 

permanent safety zone extending 100 

yards from Pier 66, Elliot Bay, WA to 

restrict the movement of vessels for 

participant and spectator safety prior to, 

during, and immediately after the 

annual parade of ships and aerial 

demonstration thereby providing 

unencumbered access for response craft 

in the event of an emergency during this 

event. 

The Fleet Week Parade of Ships has 

historically resulted in vessel 

congestion near Pier 66, Elliot Bay, WA 

which adversely compromises 

participant and spectator safety. This 

safety zone is necessary to direct the 

movement of vessels in the vicinity of 

Pier 66 establishing unobstructed traffic 

lanes for response craft and ensuring 

participant, spectator and maritime 

safety. The Captain of the Port, Puget 

Sound may be assisted by other federal 

and local agencies in the enforcement of 

this safety zone. 

Discussion of Comments and Changes 

Seventeen comments stated that this 

regulation hinders free speech. This 

regulation establishes a safety zone to 

ensure safety of the boating public 

during Naval and aerial spectator events 

associated with the annual Fleet Week 

parade of ships. The Coast Guard has 

narrowed the timeframe that the zone is 

enforced to include thirty minutes prior 

to and thirty minutes following the 

parade of ships and aerial 

demonstration. The minimal size of this 

safety zone will enable displays of free 

speech in visibly accessible areas to take 

place on adjacent waters and along the 

pier. 

Three comments stated that this 

regulation does not allow for public 

comment and one comment requested 

the public comment be made available 

and posted. The Coast Guard has taken 

appropriate action in accordance with 

the Administrative Procedure Act (APA) 

to request public comment and 

publicize this regulation through all 

required avenues including the Federal 

Register and http:// 

www.regulations.gov. Additionally, 

public comment is provided for in four 

methods: The Federal eRulemaking 

Portal, fax, mail and hand delivery as 

described in the Notice of Proposed 

Rulemaking (75 FR 037). These methods 

of comment have properly provided 

ample opportunity to comment on this 

regulation and the Coast Guard has 

received 72 comments on this 

rulemaking via these means. 

Ten requests for a public meeting 

were received. The Coast Guard does 

not plan to hold a public meeting at this 

time. The Coast Guard has determined 

the extended comment period for the 

notice of proposed rulemaking 

combined with numerous means 

available for public comment provide 

adequate and sufficient time for the 

public to express their concerns. 

Additional opportunity for public 

comment is made available on this 

supplemental notice of proposed 

rulemaking. 

The Coast Guard received one 

comment stating that expansion of the 

safety zone is not warranted. This safety 

zone is not being expanded based on 

previous versions, but will merely be 

permanently established under 33 CFR 

part 165. 

Three comments stated the 

rulemaking process violates numerous 

regulations. The Coast Guard has 

complied with the Administrative 

Procedure Act in drafting and informing 

the public of this regulation. 

Five comments were received stating 

that this zone is unnecessary because 

there is a minimal risk of congestion at 

Pier 66. This event has historically 

resulted in vessel congestion near Pier 

66 before and after the fleet arrival 

which compromises participant and 

spectator safety. This regulation is 

necessary to ensure the safety of 

participating vessels by providing 

unobstructed lanes for the passing of 

large ships during the fleet arrival and 

unobstructed access for response craft in 

the event of an emergency. 

Three comments stated that this event 

takes place without a marine event 

permit as required by 33 CFR part 100. 

The purpose and intent of 33 CFR part 

100 is to provide effective control over 

marine events to insure safety of life 

during the marine event. The Coast 

Guard is involved in the planning and 

participation of this event thereby 

upholding the intent of 33 CFR part 100. 

One comment stated this regulation 

was in violation of Executive Order 

12866, Regulatory Planning and Review, 

section 1(b)(10), which states, ‘‘Each 

agency shall avoid regulations and 

guidance documents that are 

inconsistent, incompatible, or 

duplicative with its other regulations 

and guidance documents or those of 

other Federal agencies.’’ The Coast 

Guard is not violating this Executive 

order by not requiring a marine event 

permit because the purpose and intent 

of 33 CFR part 100 ‘‘is to provide 

effective control, over regattas and 

marine parades * * * to ensure safety 

of life in the regatta or marine parade 

area’’, which we are accomplishing 

through active participation in planning 

of the event and this rulemaking. 

Two comments stated concern 

regarding the Coast Guard enforcing its 

own rules. In accordance with 33 CFR 

part 165, the Coast Guard is the agency 

through which limited access areas, 

including safety and security zones, are 

established. The establishment of such 

areas is considered rulemaking, which 

means that each regulation that 

establishes a limited access area must 


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first go through the rulemaking process 

and a multi-level review. In this case, 

the rulemaking process has provided for 

public participation during two separate 

public comment periods. Additionally, 

this regulation must be reviewed by 

Congress under the Congressional 

Review Act. Though the Coast Guard is 

an enforcer of the rule, it does not act 

alone in the rulemaking process. 

Two comments stated the helicopter 

demonstration should be included in 

this regulation. The regulation has been 

amended to include the helicopter 

display in the definition of ‘‘parade of 

ships.’’ One of these comments further 

stated that the 2009 helicopter 

demonstration does not comply with 

Coast Guard policy outlined in 

COMDINST M5728.2D. COMDINST 

M5728.2D is the Coast Guard Public 

Affairs Manual intended to provide nonspecific guidelines for public request of 

Coast Guard assets during events. 

COMDINST M5728.2D addresses aerial 

displays stating that (a) Coast Guard 

aircraft may participate in appropriate 

public events; (d) Aerial demonstrations 

must be over open water or suitable 

open areas of land, where spectators 

will be safe. The functional capabilities 

of the Coast Guard helicopter fleet does 

not preclude involvement in this marine 

event based on the proximity to Pier 66 

as presented by this comment. This 

safety zone provides a necessary 

measure of safety by preventing 

spectator watercraft from interfering or 

compromising the safety of the rescue 

swimmer entering the water during the 

aerial demonstration. 

The Coast Guard received three 

comments stating that the zone is not 

adequately described. The Coast Guard 

has amended this proposed regulation 

in this supplemental notice of proposed 

rulemaking by modifying the effective 

period for the zone to 30 minutes prior 

to and 30 after the conclusion of the 

parade of ships. In addition, we have 

specified the effective day by stating 

that it typically occurs on either the last 

Wednesday in July or the first 

Wednesday in August. Lastly, we have 

provided greater granularity for the 

geographic coordinates of the safety 

zone itself. 

Four comments stated that this safety 

zone is unnecessary due to the Naval 

Vessel Protection Zone (NVPZ). The 

NVPZ regulation only applies to U.S. 

naval vessels greater than 100 feet in 

length overall. The annual Fleet Week 

parade of ships involves visiting foreign 

naval vessels and/or Coast Guard 

vessels which are not protected by the 

NVPZ. Lastly, the NVPZ does not apply 

to the aerial demonstration during the 

parade of ships. 

One comment stated that this safety 

zone is unnecessary for emergency 

response. This safety zone is necessary 

to provide an unobstructed traffic lane 

for response craft during the event. 

Without this safety zone, response craft 

would need to maneuver around 

spectator vessels and in the event of an 

emergency, these vessels would become 

hazardous to the response effort. 

One comment stated concern for the 

overall safety of Fleet Week activities 

based on participation of a U.S. Navy 

Trident nuclear-powered submarine in 

1997 and 2000. This regulation will 

restrict vessel movement 100 yards from 

Pier 66, prior to, during and 

immediately following the parade of 

ships and aerial demonstration to 

provide navigational safety for this 

marine event. This regulation will 

extend 100 yards from Pier 66 annually 

regardless of the type of participating 

vessels in the parade of ships. 

One comment stated that the Coast 

Guard ‘‘opts for secrecy’’ and mentions 

that the opportunity to comment was 

not posted in the Local Notice to 

Mariners or on the District Thirteen 

Webpage. This regulation was published 

in accordance with the Administrative 

Procedure Act (APA) in the Federal 

Register with a comment period of 90 

days in order to allow ample 

opportunity for public participation in 

this rulemaking. An opportunity to 

provide public comments provided in 

the notice of proposed rulemaking (75 

FR 037) was made available via four 

methods as stated above. Posting 

regulations in the Local Notice to 

Mariners or on the District thirteen Web 

page is not required per the APA. 

One comment stated the violation 

penalty should be mentioned in this 

regulation. This proposed regulation 

would be a component of 33 CFR part 

165 which provides general and specific 

information for Regulated Navigation 

Areas and Limited Access Areas. Under 

33 CFR part 165, Subpart A—General, 

165.9(b) states, ‘‘These zones and areas 

are created under the Ports and 

Waterways Safety Act, 33 U.S.C. 1221– 

1232.’’ 33 U.S.C. 1232 provides 

enforcement provisions for civil and 

criminal penalties for violation of the 

Ports and Waterways Safety Act. 

One comment supported the adoption 

of less restrictive regulations concerning 

water-borne peaceful protests 

referencing Bay Area Peace Navy v. 

United States. This safety zone is 

minimal in size and short in duration, 

thus accommodating all waterway users. 

One comment stated this regulation 

amounts to institutionalized 

harassment. 33 CFR part 165 authorizes 

the establishment of safety zones by the 

Captain of the Port for safety and 

environmental purposes. 

One comment stated the Coast Guard 

never explained how vessels in Elliot 

Bay could endanger Navy Officers when 

the Coast Guard invites the public to 

both locations. This regulation does not 

establish security measures, but 

establishes a safety zone to provide 

increased safety for the maritime public 

during this annual event. 

One comment stated this regulation 

does not provide alternative channels 

for water-borne protestors to convey 

their message. Due to the small size of 

the proposed safety zone and short 

enforcement period, the Coast Guard 

believes that there is minimal impact on 

water-borne protestors and other marine 

activities that can take place outside the 

safety zone. 

Two comments stated that the ‘‘12- 

hour effective period’’ would prohibit 

protestors from exercising their right to 

protest the parade to spectators 

assembled on the pier. The ‘‘effective 

time’’ of a regulation includes times of 

enforcement and non-enforcement. 

‘‘Enforcement times’’ of a regulation are 

the times in which the regulatory action 

will be enforced, when violators will be 

subject to corrective direction and/or 

fines. 

One comment stated this proposed 

rule would burden substantially more 

speech than is necessary to further the 

government’s legitimate interests. The 

Coast Guard believes that this proposed 

safety zone is small enough in size and 

short enough in duration that it will not 

substantially hinder protest activities for 

water-borne protest boats and others 

may congregate in the vicinity of Pier 66 

while spectators are assembling and 

dispersing from this marine event when 

this safety zone is not enforced. 

One comment stated this regulation 

fails to provide alternative means for the 

protest boats to communicate their 

message. Revisions to this regulation 

provide additional access to water-borne 

protest activities by only restricting 

vessel movement 100 yards from Pier 66 

immediately prior to, during and 

immediately following the parade of 

ships and aerial display. Also, during 

times of enforcement, water-borne 

protestors may congregate on the waters 

immediately adjacent to this zone. 

The Coast Guard received five 

comments related to the need for 

protestors to have access to 

communicate their message to 

spectators on the pier. Revisions to this 

regulation provide access for waterborne protest activities, enabling 

protestors to communicate their 

message utilizing a water-borne display. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Proposed Rules 71641 

Discussion of Proposed Rule 

This proposed regulation establishes 

vessel restrictions necessary to provide 

safety for the maritime public during the 

parade of ships and aerial display. This 

proposed rule will control the 

movement of all vessels and persons 

within the indicated regulated area 

surrounding Pier 66, Elliot Bay, WA 

prior to, during and immediately after 

this marine event. This zone would be 

delineated by the presence of on-scene 

patrol craft and enforced immediately 

prior to, during and immediately after 

the scheduled annual parade of ships 

and aerial demonstration for Fleet Week 

events. This proposed safety zone will 

also provide unencumbered access for 

rescue craft in the event of an 

emergency. 

This regulation has been revised as 

follows: The Coast Guard has narrowed 

the timeframe that the zone is enforced 

to include ‘‘thirty minutes prior to the 

beginning and thirty minutes following 

the conclusion of the parade of ships 

and aerial demonstration.’’ The effective 

time for this regulation has been 

changed to: ‘‘This rule is effective 

annually during the parade of ships 

which typically occurs on a Wednesday 

during the last week of July or the first 

week in August from 8 a.m. until 8 

p.m.’’ The location of this safety zone 

has been changed to ‘‘All waters 

extending 100 yards from Pier 66, Elliot 

Bay, WA within a box encompassed by 

the points, 47° 36.719′ N & 122° 21.099′ 

W, 47° 36.682′ N & 122° 21.149′ W, 47° 

36.514′ N & 122° 20.865′ W, and 47° 

36.552′ N & 122° 20.814′ W.’’ 

The Coast Guard will provide notice 

to the public for enforcement of this 

zone through the Local Notice to 

Mariners and marine information 

broadcast on VHF–FM Ch. 16 on the day 

of the event. 

Regulatory Analyses 

We developed this proposed 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 proposed 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. This proposed rule is not a 

significant regulatory action because the 

period of enforcement and size of this 

safety zone is minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to transit 

the safety zone during times of annual 

enforcement. This safety zone will not 

have a significant impact on a 

substantial number of small entities for 

the following reasons. This safety zone 

would be activated and thus subject to 

enforcement for a short duration and is 

minimal in size. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact LTJG Ashley 

M. Wanzer. The Coast Guard will not 

retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 


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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 proposed 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 preliminary 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 proposed 

rule involves a safety zone extending 

100 yards from Pier 66, Elliot Bay, 

which will be activated and thus subject 

to enforcement, 30 minutes prior to and 

30 minutes following scheduled annual 

parade of ships events. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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. 

Chapters 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 § 165.1330 to read as follows: 

§ 165.1330 Safety Zone; Fleet Week 

Maritime Festival, Pier 66, Elliott Bay, 

Seattle, Washington. 

(a) Location. The following area is a 

safety zone: All waters extending 100 

yards from Pier 66, Elliot Bay, WA 

within a box encompassed by the 

points, 47° 36.719′ N & 122° 21.099′ W, 

47° 36.682′ N & 122° 21.149′ W, 47° 

36.514′ N & 122° 20.865′ W, and 47° 

36.552′ N & 122° 20.814′ W. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no vessel operator may 

enter, transit, moor, or anchor within 

this safety zone, except for vessels 

authorized by the Captain of the Port or 

Designated Representative, thirty 

minutes prior to the beginning, during 

and thirty minutes following the 

conclusion of the Parade of Ships. For 

the purpose of this rule, the Parade of 

Ships includes both the pass and review 

of the ships near Pier 66 and the aerial 

demonstrations immediately following 

the pass and review. The Captain of the 

Port may be assisted by other federal, 

state, or local agencies as needed. 

(c) Authorization. In order to transit 

through this safety zone, authorization 

must be granted by the Captain of the 

Port Puget Sound or Designated 

Representative. All vessel operators 

desiring entry into this safety zone shall 

gain authorization by contacting either 

the on-scene U.S. Coast Guard patrol 

craft on VHF Ch 13 or Ch 16, or Coast 

Guard Sector Puget Sound Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6452. Requests shall 

indicate the reason why movement 

within the safety zone is necessary and 

the vessel’s arrival and/or departure 

facility name, pier and/or berth. Vessel 

operators granted permission to enter 

this safety zone will be escorted by the 

on-scene patrol until no longer within 

the safety zone. 

(d) Enforcement Period. This rule is 

effective annually during the parade of 

ships which typically occurs on a 

Wednesday during the last week of July 

or the first week in August from 8 a.m. 

until 8 p.m. unless cancelled sooner by 

the Captain of the Port. 

Dated: October 26, 2010. 

S. J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2010–29422 Filed 11–23–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Group E Post Office Box Service 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is revising 

the Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM®) 508.4.6 to clarify 

eligibility, to simplify the standards, 

and to facilitate uniform administration 

for Group E (free) Post OfficeTM (PO) 

Box service. 

DATES: We must receive your comments 

on or before December 27, 2010. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service®, 475 

L’Enfant Plaza, SW., Room 4446, 

Washington DC 20260–4446. You may 

inspect and photocopy all written 

comments at USPS® Headquarters 

Library, 475 L’Enfant Plaza SW, 11th 

Floor N, Washington, DC between 9 a.m. 

and 4 p.m., Monday through Friday. Email comments concerning the 

proposed box eligibility, containing the 

name and address of the commenter, 

may be sent to: 

MailingStandards@usps.gov, with a 

subject line of ‘‘Group E PO Box 

comments.’’ Faxed comments are not 

accepted. 

FOR FURTHER INFORMATION CONTACT: 

Laurence Welling at 202–268–7792 or 

Yvonne Gifford at 202–268–8082. 

SUPPLEMENTARY INFORMATION: Group E 

PO BoxTM service is provided free, with 

restrictions, to customers whose 

physical addresses do not receive any 

form of USPS carrier delivery service. 

For this proposed rule, the Postal 

Service removes the descriptive term, 

‘‘business location’’, in favor of the 

general term ‘‘physical address’’. The 

latter describes residential locations as 

well as business locations and no 

distinction between the two terms was 

intended. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1