28204 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

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 the establishment of a 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. 1226, 1231; 46 U.S.C. 

Chapter 701; 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. Revise § 165.1327 to read as 

follows: 

§ 165.1327 Security Zone; Escorted U.S. 

Navy Submarines in Sector Seattle Captain 

of the Port Zone. 

(a) Location. The following area is a 

security zone: All waters within 1000 

yards of any U.S. Navy submarine that 

is operating in the Sector Seattle 

Captain of the Port Zone, as defined in 

33 CFR Section 3.65–10, and is being 

escorted by the Coast Guard. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR 

Section 165, Subpart D, no person or 

vessel may enter or remain in the 

security zone created by paragraph (a) of 

this section unless authorized by the 

Coast Guard patrol commander. The 

Coast Guard patrol commander will 

coordinate with Vessel Traffic System 

users on a case-by-case basis to make 

appropriate passing arrangements under 

the circumstances. 33 CFR Section 165, 

Subpart D, contains additional 

provisions applicable to the security 

zone created in paragraph (a) of this 

section. 

(c) Notification. The Coast Guard 

security escort will attempt, when 

necessary and practicable, to notify any 

persons or vessels inside or in the 

vicinity of the security zone created in 

paragraph (a) of this section of its 

existence via VHF Channel 16 and/or 

any other means reasonably available. 

Dated: April 25, 2010. 

G.T. Blore, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2010–12064 Filed 5–19–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 232 

Conduct on Postal Property; Penalties 

and Other Law 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The U.S. Postal Service is 

amending the Code of Federal 

Regulations to retract an increase in the 

maximum penalty for violations of the 

rules concerning conduct on Postal 

Service property. 

DATES: Effective Date: May 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth P. Martin, General Counsel, 

Office of Inspector General, (703) 248– 

2100. 

SUPPLEMENTARY INFORMATION: On 

January 27, 2010, the Postal Service 

published an amendment to the Code of 

Federal Regulations concerning the 

maximum penalty for a violation of the 

rules governing conduct on Postal 

Service property (75 FR 4273). The 

former rules had established the 

maximum penalty for a violation as a 

fine of not more than $50 or 

imprisonment of not more than 30 days, 

or both. As revised by that notice, the 

maximum penalty for a violation was 

increased to a fine of not more than that 

allowed under title 18 of the United 

States Code or imprisonment of not 

more than 30 days, or both. 

Since the publication of this 

amendment, the Postal Service has 

determined that it is necessary to revisit 

this matter, and to re-examine the text 

of the rule for clarity, specificity, and 

contractual compliance. For this reason, 

the Postal Service has determined that 


wwoods2 on DSK1DXX6B1PROD with RULES
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 


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