Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 28205 

it is appropriate to amend the relevant 

provision once again to re-establish the 

maximum penalty in effect before the 

effective date of the previous notice, 

January 27, 2010. 

List of Subjects in 39 CFR Part 232 

Authority delegations (Government 

agencies), Crime, Federal buildings and 

facilities, Government property, Law 

enforcement officers, Postal Service, 

Security measures. 

■ For the reasons stated in the preamble, 

the Postal Service amends 39 CFR part 

232 as set forth below: 

PART 232—CONDUCT ON POSTAL 

PROPERTY 

■ 1. The authority citation for part 232 

continues to read as follows: 

Authority: 18 U.S.C. 13, 3061; 21 U.S.C. 

802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7), 

1201(2). 

■ 2. In § 232.1, paragraph (p)(2) is 

revised to read as follows: 

§ 232.1 Conduct on postal property. 

* * * * * 

(p) * * * 

(2) Whoever shall be found guilty of 

violating the rules and regulations in 

this section while on property under the 

charge and control of the Postal Service 

is subject to a fine of not more than $50 

or imprisonment of not more than 30 

days, or both. Nothing contained in 

these rules and regulations shall be 

construed to abrogate any other Federal 

laws or regulations or any State and 

local laws and regulations applicable to 

any area in which the property is 

situated. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–12122 Filed 5–19–10; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 388 

[Docket No. MARAD 2010 0012] 

RIN 2133–AB76 

Administrative Waivers of the 

Coastwise Trade Laws: New Definition 

for Eligible Vessel 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: The Maritime Administration 

(MARAD) is changing the definition of 

‘‘eligible vessel’’ to be considered for a 

waiver of the coastwise laws to operate 

as small passenger vessels or 

uninspected passenger vessels 

authorized to carry no more than 12 

passengers for hire. The new definition 

of ‘‘eligible vessel’’ deletes the 

requirement that the eligible vessel be 

five net tons or more. That requirement 

is not in the enabling statute and is 

preventing MARAD from considering 

waiver requests from small vessels. In 

addition, the mailing address of the 

agency needs to be updated to reflect 

the agency’s present address. 

DATES: This final rule will be effective 

June 21, 2010. 

Docket: For access to the docket to 

read background documents, go to 

http://www.regulations.gov at any time 

to view docket number 2010–0012 or to 

Room PL–401 of the Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, Office of Cargo Preference 

and Domestic Trade, Maritime 

Administration, MAR–730, Room W21– 

203, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone: 

202–366–5979 or 800–9US–FLAG; email: Joann.Spittle@dot.gov. 

SUPPLEMENTARY INFORMATION: Public 

Law 105–383 authorized the Secretary 

of Transportation to grant waivers of the 

U.S.-build requirement for the smallest 

of passenger vessels (those carrying 12 

or fewer passengers) to operate in the 

coastwise trade. It also authorized the 

Secretary of [Homeland Security] to 

issue a certificate of documentation 

with an appropriate endorsement for 

employment in the coastwise trade as a 

small passenger vessel or an 

uninspected passenger vessel for 

eligible vessels authorized to carry no 

more than 12 passengers for hire if the 

Secretary of Transportation, after notice 

and an opportunity for public comment, 

determines that the employment of the 

vessel in the coastwise trade will not 

adversely affect: (1) United States vessel 

builders; or (2) the coastwise trade 

business of any person that employs 

vessels built in the United States in that 

business. 

Until now, the term ‘‘eligible vessel’’ 

was understood to mean a vessel 

eligible for U.S. Coast Guard 

documentation, which applies to vessels 

of a minimum size of five net tons. 

However, under 46 U.S.C. 12102(b), a 

vessel of less than five net tons may 

engage in the coastwise trade without 

documentation, if the vessel otherwise 

satisfies the requirements to engage in 

the trade. An unintended consequence 

of the current small passenger waiver 

regulation is that the Maritime 

Administration is unable to grant 

waivers to owners of vessels of less than 

five net tons who want to operate in 

coastwise trade. 

On January 27, 2010, MARAD 

published a notice of proposed 

rulemaking providing for a public 

comment period of 60 days. No 

comments were received on this 

proposal. Accordingly, in this final rule, 

the Maritime Administration adopts the 

rule, as proposed. The rule extends the 

eligibility of vessels for its Small Vessel 

Waiver Program by removing the five 

net ton minimum requirement. 

Vessels eligible for a waiver of the 

coastwise trade laws will be limited to 

foreign built or foreign re-built small 

passenger vessels and uninspected 

passenger vessels as defined by section 

2101 of Title 46, United States Code. 

Additionally, vessels requested for 

consideration must be greater than three 

years old. We will not grant waivers in 

instances where such waivers will have 

an unduly adverse effect on U.S. vessel 

builders or U.S. businesses that use U.S. 

flag vessels. Under Title V, MARAD also 

has the authority to revoke coastwise 

endorsements under the limited 

circumstances where a foreign-built or 

foreign-rebuilt passenger vessel, 

previously allowed into service, is 

deemed to have obtained such 

endorsement through fraud. In addition, 

the final rule changes the mailing 

address of the agency found at 46 CFR 

388.3(a)(2) to reflect the agency’s 

present address. 

Rulemaking Analysis and Notices 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not significant under 

section 3(f) of Executive Order 12866, 

and as a consequence, OMB did not 

review the rule. This final rule is not 

significant under the Regulatory Policies 

and Procedures of the Department of 

Transportation (44 FR 11034; February 

26, 1979). The costs and benefits 

associated with this rulemaking are 

considered to be so minimal that no 

further regulatory impact analysis is 

necessary. 

Executive Order 1313 

We analyzed this rulemaking in 

accordance with the principles and 

criteria contained in E.O. 13132 

(‘‘Federalism’’) and have determined that 

it does not have sufficient Federalism 

implications to warrant the preparation 

of a Federalism summary impact 

statement. This rule has no substantial 


wwoods2 on DSK1DXX6B1PROD with RULES
28206 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

effects on the States, or on the current 

Federal-State relationship, or on the 

current distribution of power and 

responsibilities among the various local 

officials. Therefore, consultation with 

State and local officials was not 

necessary. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires MARAD to assess the impact 

that regulations will have on small 

entities. After analysis of this final rule, 

I certify that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Although we expect many applicants for 

vessel waivers to be small businesses, 

we do not believe that the economic 

impact will be significant. This rule 

allows MARAD to waive the U.S.-build 

and other requirements for eligible 

vessels and provides a small economic 

benefit to applicants. This regulation 

will only allow vessels to carry the 

statutory maximum of 12 passengers. As 

a consequence, MARAD estimates that a 

vessel owner who receives a waiver may 

earn a few hundred dollars per year for 

localized operations (geographic 

restrictions apply), such as whale 

watching and personalized fishing 

expeditions. Also, the economic impact 

of this rule is limited because it 

precludes vessel owners from 

participating in other economic 

activities, such as carrying cargo and 

commercial fishing. 

Environmental Assessment 

This rule is not expected to have a 

significant effect on the human and 

natural environment, individually or 

cumulatively, and is categorically 

excluded from further documentation 

requirements under the National 

Environmental Policy Act (NEPA) by 

Maritime Administrative Order 600–1, 

Categorical Exclusion No. 3. In pertinent 

part, Categorical Exclusion No. 3 applies 

to: ‘‘promulgation of rules, regulations, 

directives, and amendments thereto 

which do not require a regulatory 

impact analysis under section 3 of 

Executive Order 12291 or do not have 

a potential to cause a significant effect 

on the environment.’’ 

Paperwork Reduction Act 

The Office of Management and Budget 

(OMB) has reviewed and approved the 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501, et seq.) The OMB 

approval number is 2133–0529. 

Unfunded Mandates Reform Act 

This final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141.3 million or more to either State, 

local, or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objectives of the rule. 

Department guidance requires the use of 

a revised threshold figure of $141.3 

million, which is the value of $100 

million in 2008 after adjusting for 

inflation. 

Consultation and Coordination With 

Indian Tribal Governments 

MARAD believes that regulations 

evolving from this final rule would have 

no significant or unique effect on the 

communities of Indian tribal 

governments when analyzed under the 

principles and criteria contained in 

Executive Order 13084 (Consultation 

and Coordination with Indian Tribal 

Governments). Therefore, the funding 

and consultation requirements of this 

Executive Order would not apply. 

Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

Privacy Act 

Anyone is able to search the 

electronic form of all 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 DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

List of Subjects in 46 CFR Part 388 

Adminsitrative practice and 

procedure, Maritime carriers, Passenger 

vessels, Reporting and recordkeeping 

requirements. 

■ Accordingly, the Maritime 

Administration amends part 388, 46 

CFR chapter II, subchapter J, to read as 

follows: 

PART 388—ADMINISTRATIVE 

WAIVERS OF THE COASTWISE TRADE 

LAWS 

Authority: 46 App. U.S.C. 1114(b); Pub. L. 

105–383, 112 Stat. 3445 (46 U.S.C. 12121): 49 

CFR 1.66. 

■ 1. In § 388.2, revise paragraph (c) to 

read as follows. 

§ 388.2 Definitions. 

* * * * * 

(c) Eligible Vessel means a vessel 

that—is either a small passenger vessel 

or an uninspected passenger vessel 

that— 

(1) Was not built in the United States 

and is at least 3 years of age; or 

(2) If rebuilt, was rebuilt outside the 

United States at least 3 years before the 

certificate of documentation with 

appropriate endorsement if granted, 

would become effective. 

* * * * * 

■ 2. In § 388.3, revise the introductory 

paragraphs of paragraphs (a) and (a)(2) 

to read as follows: 

§ 388.3 Application and fee. 

(a) An owner of a vessel may choose 

either of two methods to apply for an 

administrative waiver of the coastwise 

trade laws of the United States for an 

eligible vessel to carry no more than 

twelve passengers for hire. 

* * * * * 

(2) Alternatively, applicants may send 

written applications to Small Passenger 

Vessel Waiver Applications, Office of 

Cargo Preference, MAR–730, 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

Written applications need not be in any 

particular format, but must be signed, be 

accompanied by a check made out to the 

order of ‘‘Maritime Administration,’’ and 

contain the following information: 

* * * * * 

By the order of the Maritime 

Administrator. 

Dated: May 10, 2010. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–11927 Filed 5–19–10; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 0 

[GN Docket No. 09–51; PS Docket No. 06– 

229; FCC 10–67] 

Establishment of an Emergency 

Response Interoperability Center 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This Order amends Part 0 of 

the Commission’s rules to establish 

rules governing the Emergency 

Response Interoperability Center (ERIC). 


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