76280 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

users. Additionally, the Coast Guard 

will inform unexpected users of the 

waterway through our Local and 

Broadcast Notice to Mariners of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the draw must return to its original 

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: November 24, 2010. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2010–30745 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0747] 

RIN 1625–AA11 

Regulated Navigation Area; Thea Foss 

and Wheeler-Osgood Waterways EPA 

Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent regulated 

navigation area (RNA) on portions of the 

Thea Foss and Wheeler-Osgood 

Waterways in Commencement Bay, 

Tacoma, Washington. The RNA will 

protect the seabed in portions of those 

waterways that are subject to the U.S. 

Environmental Protection Agency’s 

(EPA’s) Commencement Bay Nearshore/ 

Tideflats superfund cleanup 

remediation efforts. This RNA will 

prohibit activities that would disturb 

the seabed, such as anchoring, dragging, 

trawling, spudding or other activities 

that involve disrupting the integrity of 

the cap. It would not affect transit or 

navigation of the area. 

DATES: This rule is effective January 7, 

2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0747 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–0747 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 rule, call or 

e-mail LTJG Ashley Wanzer, Waterways 

Management, Sector Puget Sound, Coast 

Guard; telephone 206–217–6175, e-mail 

SectorSeattleWWM@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 June 2, 2010, we published a 

supplemental notice of proposed 

rulemaking (SNPRM) entitled Regulated 

Navigation Area; Thea Foss and 

Wheeler-Osgood Waterways EPA 

Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA in 

the Federal Register (75 FR 105). We 

received no comments on the proposed 

rule. We did not receive any comments 

requesting a public meeting and we did 

not hold a public meeting. 

Basis and Purpose 

The basis for this rulemaking is the 

Coast Guard’s authority, as delegated by 

the Secretary of Homeland Security, to 

establish RNAs under 33 U.S.C. 1226, 

1231; 46 U.S.C. 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; DHS Delegation No. 0170.1. The 

purpose of this RNA is to preserve the 

integrity of the clean sediment caps 

placed over certain areas of the Thea 

Foss and Wheeler-Osgood Waterways as 

part of the EPA’s Commencement Bay 

Nearshore/Tideflats superfund cleanup 

remediation process in those waters. 

These caps consist of approximately 

three feet of sand and gravel, designed 

to withstand activities common to a 

working waterfront, covering 

approximately 30 acres of sediment in 

the waterway. 

This RNA would prohibit activities 

that could disturb the seabed or the 

sediment caps, such as anchoring, 

dragging, trawling, or spudding. It 

would not affect transit or navigation of 

the area. 

Background 

On August 20, 2008, we published a 

notice of proposed rulemaking (NPRM; 

73 FR 162) to establish a regulated 

navigation area on a portion of the Thea 

Foss and Wheeler-Osgood Waterways, 

Commencement Bay, Tacoma, WA. On 

June 2, 2010, we published an SNPRM 

which revised the coordinates for this 

regulated navigation area and 

incorporated revisions for waiver 

requests per public comment on the 

initial notice of proposed rulemaking. 

Discussion of Comments and Changes 

We received no comments on the 

NPRM or SNPRM. 

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. 

This rule is not a significant 

regulatory action because this RNA 

encompasses a small area and does not 

impact commercial or recreational 

traffic, and prohibited activities are not 

routine for the designated areas. 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to anchor, dredge, 

spud, lay cable or disturb the seabed in 

any fashion in any of the areas outlined 

by this regulation. The RNA would not 

have a significant economic impact on 

small entities due to its minimal 

restrictive area and ample opportunities 

for avoiding this region. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76281 

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 a regulated navigation area 

which prevents activities which would 

disturb the seabed within the areas 

outlined in this regulation. 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 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. 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 § 165.1329 to read as follows: 

§ 165.1329 Regulated Navigation Area; 

Thea Foss and Wheeler-Osgood Waterways 

EPA Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA. 

(a) Regulated Areas. The following 

areas are regulated navigation areas: 

(1) All waters of the Thea Foss 

Waterway bounded by a line connecting 

the following points: Point 1: 

47°15′43.49′′ N, 122°26′23.29′′ W; Point 

2: 47°15′44.59′′ N, 122°26′19.89′′ W; 

Point 3: 47°15′39.01′′ N, 122°26′15.99′′ 

W; Point 4: 47°15′37.91′′ N, 

122°26′19.39′′ W. [Datum: NAD 1983]. 

(2) All waters of the Thea Foss 

Waterway bounded by a line connecting 

the following points: Point 1: 

47°15′22.74′′ N, 122°25′57.15′′ W; Point 

2: 47°15′22.52′′ N, 122°26′0.18′′ W; Point 

3: 47°15′18.05′′ N, 122°25′59.48′′ W; 

Point 4: 47°15′18.26′′ N, 122°25′56.45′′ 

W. [Datum: NAD 1983]. 


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76282 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

(3) All waters of the Thea Foss and 

Wheeler-Osgood Waterways south of a 

line bounded by connecting the 

following points: Point 1: 47°15′13.94′′ 

N, 122°26′05.56′′ W; Point 2: 

47°15′15.01′′ N, 122°25′55.14′′ W. 

[Datum: NAD 1983]. 

(b) Regulations. (1) All vessels and 

persons are prohibited from activities 

that would disturb the seabed, such as 

anchoring, dragging, trawling, spudding, 

or other activities that involve 

disrupting the integrity of the sediment 

caps installed in the designated 

regulated navigation area, pursuant to 

the remediation efforts of the U.S. 

Environmental Protection Agency (EPA) 

and others in the Thea Foss and 

Wheeler-Osgood Waterways EPA 

superfund cleanup site. Vessels may 

otherwise transit or navigate within this 

area without reservation. 

(2) The prohibition described in 

paragraph (b)(1) of this section does not 

apply to vessels or persons engaged in 

activities associated with remediation 

efforts in the Thea Foss or WheelerOsgood Waterways superfund sites, 

provided that the Captain of the Port, 

Puget Sound (COTP), is given advance 

notice of those activities by the EPA. 

(c) Waiver. Upon written request 

stating the need and proposed 

conditions of the waiver, and any 

proposed precautionary measures, the 

COTP may authorize a waiver from this 

section if the COTP determines that the 

activity for which the waiver is sought 

can take place without undue risk to the 

remediation efforts described in 

paragraph (b)(1) of this section. The 

COTP will consult with EPA in making 

this determination when necessary and 

practicable. 

Dated: October 11, 2010. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–30742 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Domestic Shipping Services Pricing 

and Mailing Standards Changes 

AGENCY: Postal ServiceTM.

ACTION: Final rule; correction. 

SUMMARY: The Postal Service published 

in the Federal Register of November 8, 

2010 (75 FR 68430–68447), a document 

revising Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®), to reflect 

changes to prices and mailing standards 

for the following Shipping Services: 

Express Mail®, Priority Mail®, Parcel 

Select®, and Recipient Services. This 

document clarifies and amends mailing 

standards and shipping package 

information. 

DATES: Effective Date: January 2, 2011. 

FOR FURTHER INFORMATION CONTACT: John 

Gullo at 202–268–8057, or Carol 

Lunkins at 202–268–7262. 

SUPPLEMENTARY INFORMATION: The Postal 

Service published a document in the 

Federal Register on November 8, 2010, 

(75 FR 68430–68447), citing the 

standards for the January 2, 2011, 

Shipping Services price change. Under 

this correction, the Postal Service 

amends the final rule to make revisions 

to the standards for determining singlepiece weight; to clarify how to order 

Critical Mail envelopes; and to clarify 

the eligibility standards for Priority Mail 

Commercial Plus prices. 

Determining Single-Piece Weight 

In the original final rule, the Postal 

Service outlined the procedure for 

determining single-piece weight for all 

mail classes. We felt this may cause 

some confusion when, in fact, the intent 

was to show the procedure for 

determining single-piece weight for 

Shipping Services mailpieces only. The 

corrected language is shown below and 

in the applicable DMM reference 

sections. 

To determine single-piece weight for 

Shipping Services products, express all 

single-piece weights in decimal pounds 

rounded off to two decimal places for all 

pieces mailed at Express Mail, Priority 

Mail (except for Critical Mail), and 

Parcel Select prices. Additionally, 

express all single-piece weights in 

decimal pounds rounded off to two 

decimal places for parcels mailed at 

Parcel Post, Bound Printed Matter, 

Media Mail, and Library Mail prices. 

Mailers using the Electronic Verification 

System (eVS) may round off to two or 

four decimals, because eVS 

automatically rounds to the appropriate 

decimal place. For all other mailpieces, 

express all single-piece weights in 

decimal pounds rounded off to four 

decimal places. 

Critical Mail 

In the preamble of the original final 

rule, the Postal Service indicated that 

mailers could order the new Critical 

Mail envelopes from the USPS Web site 

by logging on to http://www.usps.com/ 

shop. The Web site is not to be used for 

ordering the new Critical Mail products, 

because the Postal Service has 

established a toll-free phone number 

dedicated to authorized Critical Mail 

customers. 

Critical Mail envelopes are provided 

free of charge by USPS and must be 

used only for Critical Mail. Authorized 

customers may order these envelopes 

only by calling Expedited Packaging 

Supplies at 1–800–610–8734. These 

envelopes are not available online or at 

retail Post Office locations. 

Additionally, the original final rule 

indicated that for Critical Mail prices, 

customers must meet the account 

volume threshold of 5,000 barcoded, 

automation-compatible letter-size and 

flat-size pieces. This amended final rule 

clarifies that Critical Mail prices are 

available to customers who mail a 

combined total of 5,000 barcoded, 

automation-compatible Critical Mail 

and Priority Mail letters and flats in the 

previous calendar year. As well, all new 

Critical Mail customers must have a 

customer commitment agreement with 

the Postal Service. 

Priority Mail Commercial Plus Account 

Volume Thresholds 

In the original final rule, the Postal 

Service provided standards indicating 

that the Priority Mail Commercial Plus 

account volume threshold was reduced 

from 100,000 pieces to 75,000 total 

pieces of Priority Mail. This correction 

clarifies that the Priority Mail 

Commercial Plus account volume 

threshold of 75,000 total pieces include 

Critical Mail. 

Additionally, a new alternative 

threshold was established that permits 

Commercial Plus prices for customers 

who exceed 5,000 Priority Mail letters 

and flats. Again, to clarify, the Priority 

Mail Commercial Plus account volume 

threshold includes Critical Mail letters 

and flats, but does not include the 

Priority Mail Padded Flat Rate 

Envelope, and requires a combined total 

of 5,000 Priority Mail and Critical Mail 

barcoded, automation-compatible letters 

and flats in the previous calendar year. 

The above corrections are being made 

to the following DMM sections: 

223.1.3.1, 223.1.8, 223.3.1, 313.1.9, 

323.1.3.1, 323.1.8, 413.1.9, 423.1.3.1, 

423.1.10, 423.3.1, 453.1.4.1, and 

604.7.1.1. 

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: 


jlentini on DSKJ8SOYB1PROD with RULES