Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 51255 

§ 51.6302–1T Method of paying the 

branded prescription drug fee (temporary). 

(a) Fee to be paid by electronic funds 

transfer. Under the authority of section 

6302(a), the fee imposed on branded 

prescription drug sales by section 9008 

and § 51.5T must be paid by electronic 

funds transfer as defined in § 31.6302– 

1(h)(4)(i), as if the fee were a depository 

tax. For the time for paying the fee, see 

§ 51.8T. 

(b) Effective/applicability date. This 

section applies on and after August 18, 

2011. 

(c) Expiration date. The applicability 

of this section expires August 15, 2014. 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 2. The authority citation for part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ Par. 3. In § 602.101, paragraph (b) is 

amended by adding the following entry 

in numerical order to the table to read 

as follows: 

§ 602.101 OMB Control numbers. 

* * * * * 

(b) * * * 

CFR part or section 

where indentified and 

described 

Current OMB 

Control No. 

* * * * * 

51.8T ............................. 1545–2209 

* * * * * 

Sarah Hall Ingram, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: August 12, 2011. 

Emily S. McMahon, 

Acting Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. 2011–21011 Filed 8–15–11; 11:15 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0760] 

RIN 1625–AA87 

Security Zone; Potomac River, 

Georgetown Channel, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing certain waters of the 

Potomac River, Georgetown Channel, in 

Washington, DC, in order to safeguard 

high-ranking public officials from 

terrorist acts and incidents. This action 

is necessary to ensure the safety of 

persons and property, and prevent 

terrorist acts or incidents. This rule 

prohibits vessels and people from 

entering the security zone and requires 

vessels and persons in the security zone 

to depart the security zone, unless 

specifically exempt under the 

provisions in this rule or granted 

specific permission from the Coast 

Guard Captain of the Port Baltimore. 

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

until 6 p.m. on August 28, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0760 and are available online by going 

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

USCG–2011–0760 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 e-mail Mr. Ronald L. Houck, 

at 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 

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 it is 

contrary to public interest to delay the 

effective date of this rule. The Coast 

Guard is establishing the security zone 

to protect high-ranking government 

officials, mitigate potential terrorist acts, 

and enhance public and maritime safety 

and security. The Coast Guard was 

unable to publish a NPRM due to the 

short time period between event 

planners notifying the Coast Guard of 

the event and publication of the security 

zone. Furthermore, delaying the 

effective date would be contrary to the 

security zone’s intended objectives of 

protecting high-ranking government 

officials, mitigating potential terrorist 

acts and enhancing public and maritime 

safety security. 

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 period is impracticable. Delaying 

the effective date would be contrary to 

the security zone’s intended objectives 

of protecting high-ranking government 

officials, mitigating potential terrorist 

acts and enhancing public and maritime 

safety and security. 

Background and Purpose 

The President of the United States 

will be attending the Martin Luther 

King, Jr. National Memorial in 

Washington, DC dedication ceremony 

on August 28, 2011. The ceremony is 

located along the waterfront in 

Washington, DC, in close proximity to 

navigable waterways within the Captain 

of the Port’s Area of Responsibility. 

The Coast Guard has given each Coast 

Guard Captain of the Port the ability to 

implement comprehensive port security 

regimes designed to safeguard human 

life, vessels, and waterfront facilities 

while still sustaining the flow of 

commerce. The Captain of the Port 

Baltimore is establishing this security 

zone to protect high-ranking 

government officials, mitigate potential 

terrorist acts, and enhance public and 

maritime safety and security in order to 

safeguard life, property, and the 

environment on or near the navigable 

waters. 

Discussion of Rule 

Through this regulation, the Coast 

Guard will establish a security zone. 

The security zone will be in effect from 

6 a.m. until 6 p.m. on August 28, 2011. 

The security zone will include all 

navigable waters of the Potomac River, 

Georgetown Channel, within 75 yards 

from eastern shore measured 

perpendicularly to the shore between 

the Theodore Roosevelt Memorial 

Bridge and the Arlington Memorial 

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51256 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 

Bridge, and within 150 yards from 

eastern shore measured perpendicularly 

to the shore from the Arlington 

Memorial Bridge to the George Mason 

Memorial Bridge (the most western 

bridge of the 5-span, Fourteenth Street 

Bridge Complex), including all waters of 

the Georgetown Channel Tidal Basin, 

located in Washington, DC. This 

location is entirely within the Area of 

Responsibility of the Captain of the Port 

Baltimore, as set forth at 

33 CFR 3.25–15. 

This rule requires that entry into, 

attempted entry into, or remaining in 

this security zone is prohibited unless 

authorized by the Coast Guard Captain 

of the Port Baltimore. Except for persons 

or vessels authorized by the Captain of 

the Port Baltimore, no person or vessel 

may enter or remain in the regulated 

area during the enforcement period. All 

vessels underway within the security 

zone at the time it is in effect are to 

depart the zone immediately. To seek 

permission to transit the area, the 

Captain of the Port Baltimore can be 

contacted at telephone number 410– 

576–2693 or on Marine Band Radio, 

VHF–FM channel 16 (156.8 MHz). Coast 

Guard vessels enforcing the security 

zone can be contacted on Marine Band 

Radio, VHF–FM channel 16 (156.8 

MHz). The Coast Guard will issue 

Broadcast Notices to Mariners to further 

publicize the security zone. 

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 security zone 

restricts vessel traffic from transiting 

through the affected area, vessels may 

transit safely around the zone. 

Furthermore, the effect of this regulation 

will not be significant due to the limited 

size and duration that the regulated area 

will be in effect. In addition, 

notifications will be made to the 

maritime community via marine 

information broadcasts so mariners may 

adjust their plans accordingly. 

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 might be small 

entities: The owners or operators of 

vessels intending to operate or transit 

through or within the security zone 

during the enforcement period. The 

security zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. The security zone is 

of limited size and duration. Vessel 

traffic may safely transit around the 

zone. Before the effective period, 

maritime advisories will be widely 

available to the maritime community. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer 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. 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 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 effect 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 

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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 51257 

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 which 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 

security 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. 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.T05–0760 to read as 

follows: 

§ 165.T05–0760 Security Zone; Potomac 

River, Georgetown Channel, Washington, 

DC. 

(a) Location. The following area is a 

security zone: All waters of the Potomac 

River, Georgetown Channel, within 75 

yards from eastern shore measured 

perpendicularly to the shore between 

the Theodore Roosevelt Memorial 

Bridge and the Arlington Memorial 

Bridge, and within 150 yards from 

eastern shore measured perpendicularly 

to the shore from the Arlington 

Memorial Bridge to the George Mason 

Memorial Bridge (the most western 

bridge of the 5-span, Fourteenth Street 

Bridge Complex), including all waters of 

the Georgetown Channel Tidal Basin, 

located in Washington, DC. 

(b) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

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 security zone 

described in paragraph (a) of this 

section. 

(c) Regulations. The general security 

zone regulations found in 33 CFR 

165.33 apply to the security zone 

created by this temporary section, 

§ 165.T05–0760. 

(1) All persons are required to comply 

with the general regulations governing 

security zones found in 33 CFR 165.33. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port 

Baltimore. All vessels underway within 

this security zone at the time it is 

implemented are to depart the zone. 

(3) Persons desiring to transit the area 

of the security zone must first obtain 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

light, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State, and local agencies. 

(d) Enforcement period. This section 

will be enforced from 6 a.m. until 6 p.m. 

on August 28, 2011. 

Dated: August 4, 2011. 

Mark P. O’Malley, 

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

Port Baltimore. 

[FR Doc. 2011–21027 Filed 8–17–11; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

First-Class Package Service 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®), 401, 402, 433, 434, 435, 436, 

503, 507, 602, and 705 to introduce a 

new competitive product called FirstClass Package Service, which will 

replace and remove First-Class Mail®

commercial base and commercial plus 

parcels from the market-dominant 

product offering. First-Class Mail retail 

single-piece parcels remain a marketdominant product offering. 

DATES: Effective Date: October 3, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Markes Lucius at 202–268–6140 or Bill 

Chatfield at 202–268–7278. 

SUPPLEMENTARY INFORMATION: On 

February 24, 2011, the Postal Service 

filed a notice with the Postal Regulatory 

Commission to institute a new 

competitive product, then tentatively 

called ‘‘Lightweight Commercial 

Parcels,’’ and to remove First-Class Mail 

commercial base and commercial plus 

parcels from the market-dominant 

product offerings. The Commission 

completed its review on April 6, 2011. 

In this final rule, the Postal Service 

provides a description of the conditions 

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