Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17397 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0225] 

RIN 1625–AA11 

Regulated Navigation Areas: Herbert 

C. Bonner Bridge, Oregon Inlet, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary regulated 

navigation area (RNA) on the waters of 

Oregon Inlet, North Carolina (NC). The 

RNA is needed to protect maritime 

infrastructure and the maritime public 

during fender repair work on the 

Herbert C. Bonner Bridge. 

DATES: This rule is effective from 5 a.m. 

on April 16, 2009, through 8 p.m. on 

June 5, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0225 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0225 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 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 CWO4 Stephen 

Lyons, Waterways Management 

Division Chief, Coast Guard Sector 

North Carolina; telephone 252–247– 

4525, e-mail 

Stephen.W.Lyons2@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)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is needed to protect 

bridge repair workers and the maritime 

public from the hazards associated with 

this maintenance project. Fendering 

system repair workers will be on 

scaffolding in the navigation channel 

underneath the Herbert C. Bonner 

Bridge. Vessels transiting the channel 

could knock the workers off the 

scaffolding and into the water. Likewise, 

vessels could sustain damage by striking 

the scaffolding. It is imperative an RNA 

be established prior to fender repair 

work on the bridge which begins on 

April 16, 2009. Delaying fendering 

repair work on the bridge to complete 

an NPRM is impractical, unnecessary, 

and contrary to the public interest. For 

the safety concerns noted, it is in the 

public interest to have this regulation in 

place during the construction. 

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. Delaying the effective date, for 

the same reasons as noted above, would 

be contrary to public interest, since 

immediate action is needed to ensure 

the public’s safety. 

Background and Purpose 

The State of North Carolina 

Department of Transportation awarded a 

contract to Marine Technologies, Inc. of 

Baltimore, MD to perform repair work 

on the Herbert C. Bonner Bridge located 

in Oregon Inlet, NC. The contract is for 

the repair of the existing fender system 

that protects the bridge piers located on 

either side of the navigation channel 

from vessel allision. The fender repairs 

are scheduled to begin on April 16, 

2009, and continue through June 5, 

2009. The contractor will utilize 

scaffolding hanging from the fender 

system to perform the repair work. 

During periods of work, the scaffolding 

will reduce the available horizontal 

clearance of the main navigational 

channel to 124′. Because of this 

construction, vessels over a certain size 

will be limited in their ability to transit 

the regulated area as described below. 

Discussion of Rule 

The RNA will encompass the area of 

the main navigational channel directly 

under the Herbert C. Bonner Bridge. All 

vessels of 100 gross tons and greater are 

not permitted to transit the waterway 

unless the vessel asks the District 

Commander or his representative for 

permission to transit. To seek 

permission to transit the area, mariners 

can contact Sector North Carolina at 

telephone number 252–247–4570. 

Any vessel transiting the regulated 

area must do so at a no-wake speed 

during the effective period. Nothing in 

this proposed rule negates the 

requirement to operate at a safe speed as 

provided in the Navigational Rules and 

Regulations. 

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 regulation will restrict 

access to the regulated area, the effect of 

this rule will not be significant because: 

(i) The regulated navigation area will be 

in effect for a limited duration of time, 

(ii) the Coast Guard will give advance 

notification via maritime advisories so 

mariners can adjust their plans 

accordingly, and (iii) vessels of 100 

gross tons or greater may be granted 

permission to transit the area by the 

District Commander or his 

representative. 

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. 

Although the regulated area will apply 

to the waters of the Oregon Inlet, the 

area will not have significant impact on 

small entities because the area will only 

be in place for a limited duration of time 

and maritime advisories will be issued 

in advance to allow the public to adjust 


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17398 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

their plans accordingly. In addition, 

vessels of 100 gross tons or greater may 

be granted permission to transit the area 

by the District Commander or his 

representative. 

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 

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 

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 0023.1 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 RNA. 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 

■ 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 and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–0225 to 

read as follows: 

§ 165.T05–0225 Regulated Navigation 

Area; Herbert C. Bonner Bridge, Oregon 

Inlet, NC. 

(a) Definitions. For the purposes of 

this section, District Commander means 

the Commander, Fifth Coast Guard 

District. Representative means any Coast 

Guard commissioned, warrant, or petty 

officer who has been authorized by the 

Commander, Fifth U.S. Coast Guard 

District, to act as a representative on his 

behalf. 

(b) Location. The following area is a 

regulated navigation area: All waters of 

Oregon Inlet, between the fendered 

spans of the Herbert C. Bonner Bridge. 

(c) Regulations. (1) The general 

regulations governing regulated 


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Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17399 

navigation areas found in § 165.13 of 

this part apply to the regulated 

navigation area described in paragraph 

(b). 

(2) All vessels of 100 gross tons and 

greater are not permitted to transit the 

regulated area without permission from 

the District Commander or his 

representative. To seek permission to 

transit the area, mariners can contact 

Sector North Carolina at telephone 

number (252) 247–4570. 

(3) Any vessel transiting the regulated 

area must do so at a no-wake speed 

during the effective period. 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 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 

District Commander or his 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 5 a.m. on April 

16, 2009, through 8 p.m. on June 5, 

2009. 

Dated: April 6, 2009. 

F.M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–8610 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 111 

New Standards for Letter-Sized 

Booklets 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service adopts 

new Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM®) to reflect changes to 

the construction and sealing of lettersized booklets mailed at automation, 

presorted machinable or carrier route 

letter prices. We also adopt a definition 

of booklets and clarify weight standards 

for letter-sized mail. 

DATES: Effective Date: September 8, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Krista Finazzo, 202–268–7304; Bill 

Chatfield, 202–268–7278; or Susan 

Thomas, 202–268–7268. 

SUPPLEMENTARY INFORMATION: On 

December 29, 2008, a proposed rule was 

published in the Federal Register (73 

FR 79430–79435), that provided 

information on changes to tab 

placement and construction of folded 

self-mailers and booklets. The proposed 

rule followed two years of collaborative 

work with mailers to analyze and test a 

wide variety of letter-size booklets and 

other letter-size mailpiece designs. In 

response to the proposed rule, the Postal 

Service received more than 900 

comments. 

On February 3, 2009, a revision to our 

original proposal was announced in the 

DMM Advisory and PCC Insider 

indicating that the design and tab 

placement changes for folded selfmailers would become optional 

recommendations instead of 

requirements. Current standards for 

folded self-mailers will remain in effect 

and we will continue to work with the 

mailing community to test various 

folded self-mailer designs. Mailers’ 

Technical Advisory Committee (MTAC) 

member associations that have an 

interest in folded self-mailers will 

coordinate the opportunity to 

participate in our research. We will 

publish recommendations regarding 

folded self-mailers in September 2009. 

An additional proposed rule for folded 

self-mailers will be published upon 

completion of the test of mailersupplied sample pieces. 

Changes for Booklets 

General 

This final rule includes the new 

required DMM standards for design, 

preparation, and sealing of machinable 

and automation letter-size booklets. We 

also describe in this final rule, 

recommended upgrades to the new 

requirements. We base these 

recommendations on observations of a 

wide variety of booklets tested and 

observed over the past several years. 

Following these recommendations will 

minimize mailpiece damage and 

maximize the efficient processing of 

booklets. 

Definition 

Booklets consist of bound sheets or 

pages. Binding methods that are 

compatible with machinable processing 

include perfect binding, permanent 

fastening with at least two staples in the 

manufacturing fold (saddle stitched), 

pressed glue, or another binding method 

that creates a nearly uniformly thick 

mailpiece. Spiral bindings are not 

machinable so booklets prepared with 

spiral bindings do not qualify for 

automation prices. Large booklets may 

be folded to letter-size for mailing if the 

final mailpiece remains uniform in 

thickness. 

Physical Characteristics 

The maximum height for all 

machinable and automation booklets is 

six inches and the maximum length can 

vary between 9 and 101⁄2 inches, 

depending on the booklet design. The 

minimum thickness for booklets is 0.009 

inch and the maximum thickness is 0.25 

inch regardless of size. Thickness is 

measured at the spine of the mailpiece. 

The current maximum weight of 3 

ounces has not changed and is 

applicable to all mailpieces prepared 

without envelopes. However, to 

improve machinability we recommend 

reducing the length of 3-ounce booklets 

to a final trim size of 9 inches. 

Cover stock requirements vary with 

40-pound minimum basis weight for 

folded booklet designs and 60- or 70- 

pound minimum basis weight for pieces 

longer than 9 inches. Lighter-weight 

paper tends to be easily damaged in 

processing equipment. The use of paper 

that is 10 pounds heavier than the 

required minimum basis weight is 

recommended for better processing 

performance. We strongly recommend 

using a minimum of 70-pound paper as 

cover stock on mailpiece designs that 

approach maximum booklet 

dimensions. References to paper 

weights are for book-grade paper unless 

otherwise specified. A paper grade 

conversion table is included in DMM 

Exhibit 201.3.2 for reference. 

The bottom edge of booklets must be 

a bound edge or fold unless the 

mailpiece is prepared as an oblong 

booklet. Oblong booklets must be 

prepared with a spine on the leading 

edge. Booklets with a spine on the 

trailing edge are nonmachinable. 

Tabs used to seal booklets must not 

have perforations. Generally, booklets 

need three 11⁄2-inch tabs as closures. For 

larger or heavier booklets, we 

recommend 2-inch paper tabs. Glue 

spots or a continuous glue line may be 

used to seal some booklet designs. 

Booklets that do not comply with the 

new standards will not be eligible for 

machinable or automation letter prices. 

Nonmachinable booklets will be 

assessed a surcharge (for First-Class 

Mail®), pay nonmachinable prices (for 

Standard Mail®), or pay nonbarcoded 

prices (for Periodicals). 

Overview of Comments 

We received more than 900 customer 

comments in response to the proposed 

standards. Of these, 79 noted concerns 


rwilkins on PROD1PC63 with RULES