17222 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations

II. Background

Section 580.6 of the regulations

requires that any person desiring to

request an administrative hearing on a

notice of determination issued by the

Department of Labor (assessing civil

money penalties for violations under

section 12 of the FLSA relating to child

labor, or repeated and willful violations

of sections 6 and 7 relating to the

minimum wage and overtime

requirements of the FLSA) must do so

in writing within 15 days after the date

of receipt of the notice. Additionally,

section 580.6 specifies that the written

hearing request shall be made to the

Administrator of the Wage and Hour

Division, Employment Standards

Administration, U.S. Department of

Labor.

This revision is being made in order

to streamline the process by which

hearing requests are acknowledged by

consolidating all aspects of processing

hearing requests into the operations of

the office which issued the

administrative determination upon

which the request for a hearing is based.

Accordingly, all such hearing requests

are not to be made to the Wage and

Hour official that issued the

determination in care of the address of

the office that originated the

determination.

III. Summary of Rule

Section 580.6 of regulations, 29 CFR

part 580, is amended to provide for a

new address for purposes of requesting

administrative hearings. Hearing

requests are now directed to the

Administrator of the Wage and Hour

Division, Employment Standards

Administration, U.S. Department of

Labor. Under the amended regulation,

these requests will be directed to the

Wage and Hour Division official who

issued the determination, at the address

appearing on the determination notice.

Executive Order 12866

This rule is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866. The rule

merely adopts a technical address

change, which will facilitate the

timeliness and handling of the hearing

process. Accordingly, these changes are

not expected to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities; (2) create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; (3) materially alter the

budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) raise novel legal or policy

issues arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866.

Therefore, no regulatory impact analysis

has been prepared.

Regulatory Flexibility Act

Because no notice of proposed

rulemaking is required for the rule

under 5 U.S.C. 553(b), the requirements

of the Regulatory Flexibility Act, Public

Law 96–354, 94 Stat. 1165, 5 U.S.C. 601

et seq. pertaining to regulatory

flexibility analysis, do not apply to this

rule. See 5 U.S.C. 601(2). The rule

simplifies the handling of hearing

requests and will not have a significant

economic impact on a substantial

number of small entities.

Administrative Procedure Act

This regulation is procedural in

nature. Accordingly, the Secretary, for

good cause, finds pursuant to 5 U.S.C.

553(b)(3), that prior notice and public

comment are unnecessary,

impracticable, and contrary to the

public interest.

The Secretary also for good cause

finds, pursuant to 5 U.S.C. 553(d)(3),

that this rule should take effect

immediately because it is merely a

technical procedural change which does

not affect any substantive rights.

Document Preparation: This document was

prepared under the direction and control of

Maria Echaveste, Administrator, Wage and

Hour Division, Employment Standards

Administration, U.S. Department of Labor.

List of Subjects in 29 CFR Part 580

Administrative practice and

procedure, Child labor, Employment,

Labor, Law enforcement, Penalties.

For the reasons set forth above, 29

CFR part 580 is amended as set forth

below.

Signed at Washington, DC, on this 30th day

of March, 1995.

Maria Echaveste,

Administrator, Wage and Hour Division.

PART 580—CIVIL MONEY

PENALTIES—PROCEDURES FOR

ASSESSING AND CONTESTING

PENALTIES

1. The authority citation for part 580

continues to read as follows:

Authority: 29 U.S.C. 9a, 203, 211, 212, 216;

Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5

U.S.C. App.; secs. 25, 29, 88 Stat. 72, 76;

Secretary of Labor’s Order No. 13–71, 36 FR

8755; 5 U.S.C. 500, 503, 551, 559; sec. 9, Pub.

L. 101–157, 103 Stat. 938; sec. 3103, Pub. L.

101–508.

2. Paragraph (a) of § 580.6 is revised

to read as follows:

§ 580.6 Exception to determination of

penalty and request for hearing.

(a) Any person desiring to take

exception to the determination of

penalty shall request an administrative

hearing pursuant to this part. The

exception shall be in writing to the

official who issued the determination at

the Wage and Hour Division address

appearing on the determination notice,

and must be received no later than 15

days after the date of receipt of the

notice referred to in § 580.3 of this part.

No additional time shall be added

where service of the determination of

penalties or of the exception thereto is

made by mail.

* * * * *

[FR Doc. 95–8335 Filed 4–4–95; 8:45 am]

BILLING CODE 4510–27–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 3

[CGD 94–107]

RIN 2115–AF00

Ninth District Marine Inspection and

Captain of the Port Zone Boundaries

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

the descriptions of several Marine

Inspection and Captain of the Port zone

boundaries in the Ninth Coast Guard

District to reflect recent organizational

changes. These changes will clarify

Coast Guard responsibilities with the

Ninth District. These changes will not

impact the type or level of Coast Guard

services performed.

EFFECTIVE DATE: May 5, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council, (G–LRA/3406),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Room 3406,

Washington, DC 20593–0001, between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

ENS Harry E. George, Office of Marine

Safety, Security and Environmental
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations 17223

Protection (G–MPS–3), Room 1108,

(202) 267–0491.

SUPPLEMENTARY INFORMATION:

Drafting Information: The principal

persons involved in drafting this document

are ENS Harry E. George, Project Manager,

Port Safety and Security Division, and C.G.

Green, Project Counsel, Office of Chief

Counsel.

Background and Purpose

During 1994, the Coast Guard carried

out three separate organizational

changes that revised the Marine

Inspection (MI) and Captain of the Port

(COTP) zones of responsibility and

consolidated and relocated MI and

COTP offices for several units in the

Ninth Coast Guard District. The Coast

Guard is amending the descriptions of

MI and COTP zone boundaries and

offices in the Ninth Coast Guard District

to reflect these recent organizational

changes.

The Coast Guard is proceeding

directly to a final rule under section

533(b)(3)(A) of the Administrative

Procedure Act (5 U.S.C. 551 et seq.),

which excludes rulemakings relating to

agency organization, procedure, or

practice from the requirements of public

notice and comment.

Discussion of Comments and Changes

Section 3.45–35, describing the

Sturgeon Bay Marine Inspection Zone,

and paragraph (c) of § 3.34–30,

describing the Milwaukee Marine

Inspection Zone, are being deleted. In

February, 1994, the Sturgeon Bay

Marine Inspection Zone was combined

with the Milwaukee Inspection Zone

and the Marine Inspection Office in

Sturgeon Bay, Wisconsin was merged

with the Marine Inspection Office in

Milwaukee, Wisconsin. The new

Milwaukee Marine Inspection Zone

covers the same area and has the same

boundaries as the Milwaukee Captain of

the Port Zone, so the two zones and

their offices can be described in a single

CFR section. Paragraph (b) of § 3.45–30,

therefore, is being revised to describe

the boundaries and the office locations

for both the new Milwaukee Marine

Inspection Zone and the Milwaukee

Captain of the Port Zone.

Section 3.45–45 is being revised to

change the name of the St. Ignace

Marine Inspection Zone to the Sault Ste.

Marie Marine Inspection Zone. In July,

1994, the Marine Inspection Office in St.

Ignace, Michigan was closed and a new

Marine Inspection Office was opened in

Sault Ste. Marie, Michigan, colocated

with the Sault Ste. Marie Captain of the

Port Office. The St. Ignace Marine

Inspection Zone and the Sault Ste.

Marie Captain of the Port Zone had the

same boundaries, but each zone was

named for the location of the office

servicing it. The St. Ignace Marine

Inspection Zone has therefore been

renamed to Sault Ste. Marie Marine

Inspection Zone, to reflect the change in

office location, but with no change to

the boundary description of the zone.

Sections 3.45–60, Chicago Captain of

the Port Zone, and 3.45–80, Grand

Haven Captain of the Port Zone, are

being deleted. In July, 1994, Captain of

the Port Zone Chicago and Captain of

the Port Zone Grand Haven were

combined into a single COTP zone, and

the Captain of the Port Office in Grand

Haven, Michigan was merged with the

Captain of the Port Office in Chicago,

Illinois. The area of the combined

Chicago and Grand Haven COTP zones

is now known as the Chicago Captain of

the Port Zone and has the same

boundaries as the Chicago Marine

Inspection Zone. Section 3.45–15,

describing the Chicago Marine

Inspection Zone, therefore, is being

revised to describe the boundaries and

the office locations for both the Chicago

Marine Inspection Zone and the new

Chicago Captain of the Port Zone.

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 of 6(a)(3) of

that order. It has been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

‘‘Department of Transportation

Regulatory Policies and Procedures’’ (44

FR 11040; February 26, 1979). The Coast

Guard expects the economic impact of

this proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the Department of Transportation

Regulatory Policies and Procedures is

unnecessary.

Small Entities

This regulation is administrative in

nature and is not expected to have any

economic impact on small entities.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.),

that this rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612, and has determined that

this proposal does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section 2.B.2 of

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

This rule involves changes to names and

descriptions of Marine Inspection and

Captain of the Port zones of

responsibility in the Ninth Coast Guard

District and clearly does not have any

environmental impact. A Categorical

Exclusion Determination is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 3

Organization and functions

(Government agencies). For the reasons

set out in the preamble, the Coast Guard

amends Title 33, part 3, of the Code of

Federal Regulations as follows:

PART 3—[AMENDED]

1. The authority citation for part 3

continues to read as follows:

Authority: 14 U.S.C. 633; 49 CFR 1.45,

1.46.

2. Section 3.45–15 is revised to read

as follows:

§ 3.45–15 Chicago Marine Inspection Zone

and Captain of the Port Zone.

(a) The Chicago Marine Inspection

Office and the Chicago Captain of the

Port Office are located in Chicago,

Illinois.

(b) The Chicago Marine Inspection

Zone and the Chicago Captain of the

Port Zone include those parts of

Michigan, Indiana, Ohio, and Illinois

within the following boundaries: From

the Illinois-Wisconsin boundary at

longitude 90° W.; thence due east to

longitude 87° W.; thence due north to

latitude 44°15′ N., thence northeasterly

to latitude 44°43′ N., longitude 86°40′

W.; thence due east to longitude 84°30′

W.; thence due south to latitude 41° N.;

thence due west to longitude 90° W.;

thence due north to the starting point.

3. Section 3.45–30 is amended by

removing paragraph (c) and revising

paragraph (b) to read as follows:
17224 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations

§ 3.45–30 Milwaukee Marine Inspection

Zone and Captain of the Port Zone.

* * * * *

(b) The boundary of the Milwaukee

Marine Inspection Zone and the

Milwaukee Captain of the Port Zone

starts at the Illinois-Wisconsin boundary

at longitude 90° W.; thence due east to

longitude 87° W.; thence due north to

latitude 44°15′ N.; thence northeasterly

to latitude 44°43′ N., longitude 86°40′

W.; thence due north to latitude 45°27′

N.; thence due west to longitude 88°30′

W.; thence due north to latitude 46°20′

N.; thence due west to longitude 90° W.;

thence due south to the starting point.

§ 3.45–35 [Removed]

4. Section 3.45–35 is removed.

5. Section 3.45–45 is revised to read

as follows:

§ 3.45–45 Sault Ste. Marie Marine

Inspection Zone and Captain of the Port

Zone.

(a) The Sault Ste. Marie Marine

Inspection Office and the Sault Ste.

Marie Captain of the Port Office are

located in Sault Ste. Marie, Michigan.

(b) The boundary of the Sault Ste.

Marie Marine Inspection Zone and the

Sault Ste. Marie Captain of the Port

Zone starts at the international

boundary at latitude 44°43′ N.; thence

due west to longitude 86°40′ W.; thence

due north to latitude 45°27′ N.; thence

due west to longitude 88°30′ W.; thence

due north to latitude 46°20′ N.; thence

northeasterly to the shore of Lake

Superior at longitude 87°45′ W.; thence

northerly to Manitou Island Light,

located at latitude 47°25′ N., longitude

87°35′ W.; thence due north to the

international boundary at longitude

87°35′ W.; thence southeasterly along

the international boundary to the

starting point.

§ 3.45–60 [Removed]

6. Section 3.45–60 is removed.

§ 3.45–80 [Removed]

7. Section 3.45–80 is removed.

Dated: February 8, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–8387 Filed 4–4–95; 8:45 am]

BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Part 265

Demands for Testimony or Records in

Certain Legal Proceedings

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This rule establishes a

procedure for Postal Service response to

subpoenas or other demands for Postal

Service employees to testify about, or

produce records concerning, Postal

Service matters in private litigation or

other proceedings in which the United

States is not a party.

EFFECTIVE DATE: April 5, 1995.

FOR FURTHER INFORMATION CONTACT: Julie

A. Holvik, Attorney, (312) 765–5230.

SUPPLEMENTARY INFORMATION: The rule

provides that, in response to subpoenas

or other demands for testimony or

records concerning Postal Service

matters in private litigation or other

proceedings in which the United States

is not a party, Postal Service employees

may testify or produce records only if

the General Counsel or the General

Counsel’s delegate authorizes

compliance with the demand. In making

this determination, the General Counsel

or his or her delegate will consider

whether compliance is in accordance

with applicable laws, privileges, rules,

authority, and regulations and would

not be contrary to the interests of the

United States.

On February 17, 1995, the Postal

Service published a notice of proposed

rulemaking (60 FR 8610–8612) with a

30-day comment period. No comments

were received during the comment

period. Accordingly, the rule is adopted

as proposed.

List of Subjects in 39 CFR Part 265

Administrative practice and

procedure, Freedom of information,

Government employees.

For the reasons set out above, 39 CFR

part 265 is amended as follows.

PART 265—RELEASE OF

INFORMATION

1. The authority citation for part 265

is revised to read as follows:

Authority: 5 U.S.C. 552; 5 U.S.C. App. 3;

39 U.S.C. 401, 403, 410, 1001, 2601.

2. Section 265.12 is added to read as

follows:

§ 265.12 Demands for testimony or

records in certain legal proceedings.

(a) Scope and applicability of this

section. (1) This section establishes

procedures to be followed if the Postal

Service or any Postal Service employee

receives a demand for testimony

concerning or disclosure of:

(i) Records contained in the files of

the Postal Service;

(ii) Information relating to records

contained in the files of the Postal

Service; or

(iii) Information or records acquired

or produced by the employee in the

course of his or her official duties or

because of the employee’s official status.

(2) This section does not create any

right or benefit, substantive or

procedural, enforceable by any person

against the Postal Service.

(3) This section does not apply to any

of the following:

(i) Any legal proceeding in which the

United States is a party;

(ii) A demand for testimony or records

made by either House of Congress or, to

the extent of matter within its

jurisdiction, any committee or

subcommittee of Congress;

(iii) An appearance by an employee in

his or her private capacity in a legal

proceeding in which the employee’s

testimony does not relate to the

employee’s official duties or the

functions of the Postal Service; or

(iv) A demand for testimony or

records submitted to the Postal

Inspection Service (a demand for

Inspection Service records or testimony

will be handled in accordance with

rules in § 265.11).

(4) This section does not exempt a

request from applicable confidentiality

requirements, including the

requirements of the Privacy Act. 5

U.S.C. 552a.

(b) Definitions. The following

definitions apply to this section:

(1) Adjudicative authority includes,

but is not limited to, the following:

(i) A court of law or other judicial

forums, whether local, state, or federal;

and

(ii) Mediation, arbitration, or other

forums for dispute resolution.

(2) Demand includes a subpoena,

subpoena duces tecum, request, order,

or other notice for testimony or records

arising in a legal proceeding.

(3) Employee means a current

employee or official of the Postal

Service.

(4) General Counsel means the

General Counsel of the United States

Postal Service, the Chief Field Counsels,

or an employee of the Postal Service

acting for the General Counsel under a

delegation of authority.

(5) Legal proceeding means:

(i) A proceeding before an

adjudicative authority;

(ii) A legislative proceeding, except

for a proceeding before either House of

Congress or before any committee or

subcommittee of Congress; or

(iii) An administrative proceeding.

(6) Private litigation means a legal

proceeding to which the United States

is not a party.

(7) Records custodian means the

employee who maintains a requested

record. For assistance in identifying the

custodian of a specific record, contact