Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29891 

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)(h), of the Instruction because the 

rule involves promulgation of special 

local regulations issued in conjunction 

with a regatta or marine parade. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Effective from June 4 through June 

6, 2010, in § 100.501, Table to § 100.501, 

suspend line No. 54 and add Line No. 

58 to read as follows: 

§ 100.501 Special Local Regulations; 

Marine Events in the Fifth Coast Guard 

District. 

* * * * * 

Table To § 100.501.—All Coordinates 

Listed in the Table to § 100.501 

Reference Datum NAD 1983. 

COAST GUARD SECTOR DELAWARE BAY—COTP ZONE

Number Date Event Sponsor Location 

* * * * * * * 

58 ......... June 4–6, 2010 ..... 2010 International Cup 

Regatta.

Carolina Cup Regatta, 

Inc.

The waters of the Pasquotank River, adjacent to Elizabeth 

City, NC, from shoreline to shoreline, bounded on the 

west by the Elizabeth City Draw Bridge and bounded on 

the east by a line originating at a point along the shoreline at latitude 36°17′54′′ N, longitude 076°12′00′′ W, 

thence southwesterly to latitude 36°17′35′′ N, longitude 

076°12′18′′ W at Cottage Point. 

Dated: May 11, 2010. 

A. Popiel, 

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

Port North Carolina. 

[FR Doc. 2010–12842 Filed 5–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0302] 

RIN 1625–AA08 

Special Local Regulation; Maggie 

Fischer Memorial Great South Bay 

Cross Bay Swim, Great South Bay, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent special local 

regulation on Great South Bay, NY 

between Gilbert Park, Brightwaters, NY 

and Fire Island Lighthouse Dock, Fire 

Island, NY due to the annual Maggie 

Fischer Memorial Great South Bay Cross 

Bay Swim. This special local regulation 

is necessary to protect swimmers, safety 

vessels and the boating public on the 

navigable waters of Great South Bay, 

NY. Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port Long Island Sound, New Haven, 

CT. 

DATES: This rule is effective June 28, 

2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0302 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0302 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 rule, call or 

e-mail: Chief Petty Officer Christie 

Dixon, Prevention Department, USCG 

Sector Long Island Sound at 203–468– 

4459, christie.m.dixon@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 

On July 8, 2009 we published an 

Interim Rule with a request for 

comments entitled, Special Local 

Regulation, Maggie Fischer Memorial 

Great South Bay Cross Bay Swim, Great 

South Bay, NY, in the Federal Register 

(74 FR 32428). We did not receive any 

comments or requests for meetings in 

response to the Interim Rule. 

Basis and Purpose 

The Cross Bay Swim has been 

successfully held off and on from the 

early 1900’s on the waters of Great 

South Bay, NY. This 5.25 mile swim has 

historically involved up to 100 

swimmers and accompanying safety 

craft that travel along a course located 

directly north of the Fire Island 

Lighthouse Dock, NY and extending to 

Gilbert Park in Brightwaters, NY. Prior 

to this rule there was not a regulation in 

place to protect the swimmers or safety 

craft from the hazards imposed by 

marine traffic. 

To ensure the continued safety of the 

swimmers, safety craft and the boating 

public, the Coast Guard is establishing 

a permanent special local regulation on 

the navigable waters of the Great South 

Bay, New York that would exclude all 

unauthorized persons and vessels from 

approaching within 100 yards of any 

swimmer or safety craft on the race 

course from 6:30 a.m. to 12:30 p.m. on 

the day of the race. 

Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port Long Island Sound or by designated 

on-scene patrol personnel. Any 

violation of the safety zone described 

herein is punishable by, among other 

things, civil and criminal penalties, in 

rem liability against the offending 

vessel, and the initiation of suspension 

or revocation proceedings against Coast 

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29892 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

Guard-issued merchant mariner 

credentials. 

Discussion of Comments and Changes 

A small number of changes are being 

made to minimize the size of the 

regulated area and reduce the burden on 

vessel traffic by minimizing the 

restrictions in the regulated area. Even 

though the bounds of the regulated area 

were discussed in the Small Entities 

section, and no comments were 

received, we are clarifying sections (a) 

and (c) to read as set forth in the 

regulatory text of this final rule. 

The changes in the text redefined the 

regulated area from ‘‘within 100 yards of 

the swim event race course’’ to ‘‘within 

100 yards from each swimmer or safety 

craft on the swim event race course’’ so 

the regulated area would not block the 

entire waterway. This will reduce the 

burden on vessels by allowing them to 

pass through the race course as long as 

they stay clear of the swimmers and 

safety craft. 

Also, paragraph (d) has been revised 

to provide the public additional notice 

of enforcement dates and times through 

publication of an advance notice each 

year in the Federal Register. 

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. 

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 may be small 

entities: The owners or operators of 

vessels intending to transit in those 

portions of Great South Bay, NY covered 

by the special local regulation. Although 

the safety zone would apply to the 

entire width of the bay, traffic would be 

allowed to pass through the zone, 

outside 100 yards of any swimmer or 

safety craft. Before the activation of the 

zone, we would issue maritime 

advisories widely available to users of 

the waterway. Additionally, the rule 

would only be in effect for a period of 

6–7 hours for one day per year. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the Interim Rule we offered to assist 

small entities in understanding the rule 

so that they could 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 (adjusted for inflation) 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 cause 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 

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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29893 

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)(h), of the Instruction. This rule 

finalizes the establishment of a special 

local regulation that was published as 

an Interim Rule with an invitation to 

comment on July 8, 2009. No comments 

were received that would affect the 

assessment of environmental impacts 

from this action. 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ Accordingly, the interim rule 

amending 33 CFR part 100, which was 

published at 74 FR 32428 on July 8, 

2009, is adopted as a final rule with the 

following changes: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. In § 100.124, revise paragraphs (a), 

(c)(1), (c)(4), and (d) to read as follows: 

§ 100.124 Maggie Fischer Memorial Great 

South Bay Cross Bay Swim, Great South 

Bay, New York. 

(a) Regulated area. All navigable 

waters of Great South Bay, NY within a 

100 yard radius of each swimmer or 

safety craft on the swim event race 

course bounded by the following points: 

Starting Point at the Fire Island 

Lighthouse Dock in approximate 

position 40°38′01′′ N 073°13′07′′ W, 

northerly through approximate points 

40°38′52′′ N 073°13′09′′ W, 40°39′40′′ N 

073°13′30′′ W, 40°40′30′′ N 073°14′00′′ 

W, and finishing at Gilbert Park, 

Brightwaters, NY at approximate 

position 40°42′25′′ N 073°14′52′′ W. 

* * * * * 

(c) Special local regulation. (1) No 

person or vessel may enter, transit, or 

remain within 100 yards of any 

swimmer or safety craft within the 

regulated area during the enforcement 

period of this regulation unless they are 

officially participating in the Maggie 

Fischer Memorial Great South Bay Cross 

Bay Swim event or are otherwise 

authorized by the Captain of the Port 

Long Island Sound or by designated onscene patrol personnel. 

* * * * * 

(4) Persons and vessels desiring to 

enter the regulated area within 100 

yards of a swimmer or safety craft may 

request permission to enter from the 

designated on scene patrol personnel on 

VHF–16 or the Captain of the Port, Long 

Island Sound via phone at (203) 468– 

4401. 

(d) Enforcement Period. This section 

will be enforced annually on a date to 

be determined each July. Public 

notification of the specific date and 

times of enforcement will be made each 

year via a Notice of Enforcement in the 

Federal Register, separate marine 

broadcasts and local notice to mariners. 

Dated: May 3, 2010. 

Daniel A. Ronan, 

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

Port Long Island Sound. 

[FR Doc. 2010–12844 Filed 5–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Business Reply Mail Online 

Application Option 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal ServiceTM will 

revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) 507.9.3.2 and 

507.9.5.2 to eliminate the option to 

obtain a Business Reply Mail® (BRM) 

permit online. Additionally, the 

electronic version of PS Form 6805, 

Qualified Business Reply Mail (QBRM) 

Application, will also be removed. 

DATES: Effective July 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Kalthoff, 202–268–5466 or 

Yvonne Gifford, 202–268–8082. 

SUPPLEMENTARY INFORMATION: Currently, 

customers can apply for BRM permits 

and QBRM authorization online or in 

person at any Post OfficeTM facility. The 

ability to obtain a BRM permit online 

has been available since 2004 and has 

not sustained the volume of users to 

support maintaining the system. 

Procedures 

Beginning May 2010, the ability to 

obtain a BRM permit online will be 

eliminated and customers will be 

required to visit a Post Office and 

submit a completed hardcopy PS Form 

3615, Mailing Permit Application and 

Customer Profile, to obtain a BRM 

permit. In addition, customers 

requesting authorization for QBRM will 

also be required to visit a Post Office to 

complete a printed PS Form 6805. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR Part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

500 Additional Mailing Services 

* * * * * 

507 Mailer Services 

* * * * * 

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