Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations 28657

type of crude oil feed stock needed to

sustain their mix of refined products.

4. Small Business Regulatory

Enforcement Act (SBREFA)

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million or more.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

5. Unfunded Mandates Reform Act

This rule does not impose an

unfunded mandate on state, local, or

tribal governments or the private sector

of more than $100 million per year. The

rule does not have a significant or

unique effect on State, local, or tribal

governments or the private sector. A

statement containing the information

required by the Unfunded Mandates

Reform Act (2 U.S.C. 1531 et seq.) is not

required.

6. Takings (Executive Order 12630)

In accordance with Executive Order

12630, this rule does not have

significant takings implications. This

rule does not impose conditions or

limitations on the use of any private

property; consequently, a takings

implication assessment is not required.

7. Federalism (Executive Order 13132)

In accordance with Executive Order

13132, this rule does not have

Federalism implications. This rule does

not substantially or directly affect the

relationship between the Federal and

state governments or impose costs on

States or localities.

8. Civil Justice Reform (Executive Order

12988)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order.

9. Paperwork Reduction Act of 1995

This rule does not contain an

information collection, as defined by the

Paperwork Reduction Act, and the

submission of Office of Management

and Budget Form 83–I is not required.

10. National Environmental Policy Act

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the National

Environmental Policy Act of 1969 is not

required.

11. Consultation and Coordination with

Indian Tribal Governments

In accordance with Executive Order

13175, this rule does not have tribal

implications that impose substantial

direct compliance costs on Indian tribal

governments.

List of Subjects in 30 CFR Part 208

Continental shelf, Government

contracts, Mineral royalties, Natural gas,

Petroleum, Public lands-mineral

resources.

Dated: May 17, 2001.

Piet deWitt,

Acting Assistant Secretary, Land and

Minerals Management.

For the reasons set forth in the

preamble, 30 CFR part 208 is amended

as follows:

PART 208—SALE OF FEDERAL

ROYALTY OIL

1. The authority citation for part 208

continues to read as follows:

Authority: 5 U.S.C. 301 et seq.; 30 U.S.C.

181 et seq., 351 et seq., 1701 et seq.; 31 U.S.C.

9701; 41 U.S.C. 601 et seq.; 43 U.S.C. 1301

et seq., 1331 et seq., and 1801 et seq.

§ 208.4 [Amended]

2. In § 208.4, remove paragraph (b)(4).

[FR Doc. 01–13118 Filed 5–23–01; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–064]

RIN 2115–AA97

Safety and Security Zones: USS Hawes

Port Visit, Newport, RI.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary safety and

security zones off the coast of Newport

Naval Station, Newport, Rhode Island,

during the port visit of the USS HAWES

to the Newport Naval Station, Newport,

Rhode Island. The safety and security

zone are needed to safeguard the public,

the area encompassing Coddington Cove

and the USS HAWES and her crew from

sabotage or other subversive acts,

accidents, or other causes of a similar

nature. Entry into these zones is

prohibited unless authorized by the

Captain of the Port, Providence, Rhode

Island or his authorized patrol

representative.

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

Thursday, May 31, 2001, to 12 midnight

on Sunday, June 3, 2001.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection and copying at Marine Safety

Office Providence, 20 Risho Avenue,

East Providence, Rhode Island between

the hours of 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

Casey L. Chmielewski at Marine Safety

Office Providence, (401) 435–2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for making it effective less

then 30 days after Federal Register

publication. Good cause exists for not

publishing a NPRM for this regulation.

Due to the sensitive and unpredictable

nature of the USS HAWES’s schedule,

the Coast Guard received insufficient

notice to publish proposed rules in

advance of the event. Any delay

encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to protect the USS HAWES, her

crew, the public and the area adjoining

Coddington Cove.

Background and Purpose

From May 31, 2001, to June 3, 2001,

the USS HAWES will be berthed at Pier

2 on the Newport Naval Station,

Newport, RI. Pier 2 is located within

Coddington Cove, along the East Passage

of Narragansett Bay. The safety and

security zones are needed to protect the

USS HAWES, her crew and the public

from harmful or subversive acts,

accidents or other causes of a similar

nature in the vicinity of Coddington

Cove. The safety and security zones

have identical boundaries. All persons,

other than those approved by the

Captain of the Port or his authorized

patrol representative will be prohibited

from the zones. The zones encompass

the area within a line drawn from the

western most edge of the chartered

breakwater to the western most edge of

Pier 1. The public will be made aware

of the safety and security zones through

a Broadcast Notice to Mariners made

28658 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations

from U.S. Coast Guard Group Woods

Hole. U.S. Navy personnel will assist in

the enforcement of these zones.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 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. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

sizes of the zones are the minimum

necessary to provide adequate

protection for the USS HAWES, her

crew, adjoining areas, and the public.

The entities most likely to be affected

are lobstermen engaged in setting and

retrieving pots and pleasure craft

engaged in recreational activities and

sightseeing. These individuals and

vessels have ample space outside of the

safety and security zones to engage in

these activities and therefore they will

not be subject to undue hardship.

Commercial vessels, excluding

lobstermen, do not normally transit the

area of the safety and security zones.

Any lobstermen who have gear

deployed within the safety and security

zones, may request permission from the

COTP or his authorized patrol

representative to enter the zones to

retrieve their gear. Any hardships

experienced by persons or vessels are

considered minimal compared to the

national interest in protecting the USS

HAWES and the public.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), we considered

whether this rule will have a significant

economic impact on a substantial

number of small entities. The term

‘‘small entities’’ comprises small

businesses and 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 section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this final rule

will not have a significant economic

impact on a substantial number of small

entities. This rule will affect the

following entities, some of which may

be small entities: the owners or

operators of vessels intending to transit

into Coddington Cove from May 31,

2001 to June 3, 2001. The safety and

security zones will not have a

significant economic impact on a

substantial number of small entities for

the following reasons. Vessel traffic can

pass safely around the area and only a

small number of commercial fishing

vessels operate in the area. Vessels

engaged in recreational activities,

sightseeing and commercial fishing have

ample space outside of the safety and

security zones to engage in these

activities. Before the effective period,

we will issue maritime advisories

widely available to users of the area.

Assistance for Small Entities

Under subsection 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 [Pub. L. 104–121],

the Coast Guard wants to assist small

entities in understanding this final rule

so that they can better evaluate its

effects on them and participate in the

rulemaking. If your small business or

organization would be affected by this

final rule and you have questions

concerning its provisions or options for

compliance, please call LT Casey

Chmielewski, telephone (401) 435–

2335. 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 comments on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

We have analyzed this action under

Executive Order 13132, and have

determined that this rule does not have

federalism implications under that

order.

Unfunded Mandates

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

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 concern 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. A rule

with tribal implications has a

substantial direct effect on one or more

Indian tribe, 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.

Environment

The Coast Guard considered the

environmental impact of these

regulations and concluded that under

Figure 2–1, paragraph 34(g) of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

A written Categorical Exclusion

Determination is available in the docket

for inspection or copying 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 set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

1. The authority citation for Part 165

continues to read as follows:

Authority: § 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. Add temporary § 165.T01–064 to

read as follows:

Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations 28659

§ 165.T01–064 Safety and security zones:

USS HAWES port visit; Newport, RI.

(a) Location. The following area has

been declared both a safety zone and a

security zone: From a point beginning

on land at Latitude 41 degrees 32′ 13′′

N, Longitude 071 degrees 18′ 43′′ W;

thence westward along the breakwater

to a point on the breakwater at Latitude

41 degrees 31′ 58′′ N, Longitude 071

degrees 19′ 28′′ W; thence southeasterly

1100 yards to a point on the end of Pier

1 at Latitude 41 degrees 31′ 38′′ N,

Longitude 071 degrees 19′ 06′′ W; thence

east to a point on land at Latitude 41

degrees 31′ 43′′ N, Longitude 071

degrees 18′ 47′′ W; thence north along

the shoreline to the beginning point.

(b) Effective date. This rule is effective

from 6 a.m. on Thursday, May 31, 2001,

until 12 midnight on Sunday, June 3,

2001.

(c) Regulations.

(1) In accordance with the general

regulations in 165.23 and 165.33 of this

part, entry into or movement within

these zones is prohibited unless

authorized by the COTP Providence or

his authorized patrol representative.

(2) No person may swim upon or

below the surface of the water within

the boundaries of the safety and security

zones.

(3) All persons and vessels shall

comply with the instructions of the

COTP, the designated on-scene U.S.

Coast Guard or Navy patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the U.S. Coast Guard.

Navy patrol personnel include

commissioned, warrant, and petty

officers of the U.S. Navy.

(4) The general regulations covering

safety and security zones in section

165.23 and 165.33, respectively, of this

part apply.

Dated: May 10, 2001.

Mark G. VanHaverbeke,

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

Port.

[FR Doc. 01–12979 Filed 5–23–01; 8:45 am]

BILLING CODE 4910–15–U

POSTAL SERVICE

39 CFR Part 111

Domestic Mail Manual Changes for

First-Class Mail, Standard Mail, and

Bound Printed Matter Flats

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends the

Domestic Mail Manual (DMM) to

implement the following mail

preparation standards: For First-Class

Mail, packages of Presorted rate flats

and packages of automation rate flats

that are part of the same mailing job and

reported on the same postage statement

must be co-trayed according to the

standards in DMM M910; For Standard

Mail, packages of Presorted rate flats

and packages of automation rate flats

that are part of the same mailing job and

reported on the same postage statement

must be co-sacked according to the

standards in DMM M910; For Standard

Mail, packages of Enhanced Carrier

Route flats and 5-digit packages of

Presorted flats must be sacked or

palletized using the labeling list L001

scheme sort. This includes the scheme

sorts included in the optional

preparation methods in DMM M920,

M930, and M940; and For Bound

Printed Matter, packages of Carrier

Route flats and 5-digit packages of

Presorted flats must be sacked or

palletized using the labeling list L001

scheme sort.

EFFECTIVE DATE: September 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Anne Emmerth, 703–292–3641,

aemmerth@email.usps.gov.

SUPPLEMENTARY INFORMATION: On March

16, 2001 (66 FR 15206), the Postal

Service published in the Federal

Register a proposed rule seeking

comments on proposed changes to the

Domestic Mail Manual (DMM) that

would revise mail preparation standards

for flats. The original comment period

ended on April 13, 2001; as of that date,

no comments were received. On April

17, 2001 (65 FR 19740), the Postal

Service re-opened the comment period

through May 4 to allow customers more

time to comment on the proposed

changes. The Postal Service received

one comment.

Generally, the changes are intended to

align mail preparation more closely

with the way that the Postal Service

transports and processes flat-size mail.

The co-traying requirements for FirstClass Mail flats and the co-sacking

requirements for Standard Mail flats

will result in fewer less-than-full trays

and sacks and an overall reduction in

the number of trays and sacks prepared

by mailers and processed by the Postal

Service. For Presorted rate Standard

Mail, with sack-based rates, this

requirement also will result in lower

postage rates for some mail that will

move to a finer sack presort level.

Requiring the use of labeling list L001

for sacked carrier route Standard Mail

and Bound Printed Matter flats also will

result in fewer sacks prepared by

mailers. For mail on pallets, use of L001

will create more 5-digit level pallets,

resulting in fewer package handlings for

the Postal Service and better service for

mailers.

The changes are outlined below by

class of mail; the DMM language follows

at the end of this final rule.

In response to the proposed rule, the

Postal Service received one comment

from a large commercial printer. The

commenter expressed support for the

mail preparation changes in the

proposed rule and believes that these

changes will improve service and

handling of 5-digit containers and

reduce the number of sacks. The

commenter suggested that the proposed

September 1 implementation date be

moved to January 2002. The commenter

explained that in September the mailing

industry will be in the midst of

preparing its heaviest volumes for the

fall mailing season, which is not a

convenient time to implement new and

complex preparation standards.

The Postal Service appreciates

receiving supportive comments and

thanks the commenter for responding to

the proposed rule. The Postal Service

recognizes that mail preparation

changes can be disruptive to mailers

who must adjust presort software

systems and internal operations. The

standards in this final rule will result in

more efficient and cost-effective mail

handling for the Postal Service and

better service and postage savings for

mailers. Therefore, implementing these

changes on September 1 will allow the

Postal Service and its customers to

capture savings and efficiencies during

the time of heaviest mail volume.

Based on the comment received and

discussions with other mailers and

presort software vendors regarding these

changes, the Postal Service will

implement the standards in this final

rule on September 1, 2001. This will

allow time for programming, testing,

and installation of new presort software,

and time for mailers to adjust their

internal processes in advance of the fall

mailing season.

The changes implemented in this

final rule are as follows:

1. First-Class Mail

Required Co-Traying

Since January 7, 2001, mailers have

had the option to use M910 to co-tray

packages of Presorted rate flats and

automation rate flats that are part of the

same mailing job (see M130.1.6 and

M820.1.9). This final rule changes that

option into a requirement. Therefore,

effective September 1, 2001, any FirstClass Mail mailing job that contains

packages of Presorted rate flats and

packages of automation rate flats and is