19354 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

§ 162.T139 Nondisplacement vessels

under 100 gross tons.

(a) Notwithstanding §§ 162.134 and

162.138(a), nondisplacement vessels 20

meters or more in length but under 100

gross tons may operate in the

nondisplacement mode at speeds not

more than 40 miles per hour (34.8

knots) and may overtake other vessels—

(1) during daylight hours (sunrise to

sunset),

(2) when conditions otherwise safely

allow, and

(3) when approval has been granted

by the Coast Guard Captain of the Port,

Detroit or Commander of the Ninth

Coast Guard District prior to each transit

of the area.

(b) In this section, nondisplacement

mode means a mode of operation in

which the vessel is supported by

hydrodynamic forces, rather than

displacement of its weight in the water,

to an extent such that the wake which

would otherwise be generated by the

vessel is significantly reduced.

(c) The Captain of the Port or the

District Commander may deny approval

for operations under paragraph (a) of

this section if it appears that the design

and operating characteristics of the

vessels in question are not safe for the

designated waterways, or if it appears

that operations under this section have

become unsafe for any reason.

(d) This section becomes effective at

12:01 a.m. on April 1, 1995 and

terminates at 12 midnight on November

30, 1995.

Dated: March 30, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard Commander,

Ninth Coast Guard District.

[FR Doc. 95–9528 Filed 4–17–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD02–95–012]

RIN 2115–AA97

Safety Zone; Lower Mississippi River,

Victoria Bend

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Mississippi River between mile

markers 593.0 and 597.0. The zone is

needed to protect vessel traffic from a

collision hazard created by weir dike

construction operations. Entry of vessels

or persons into this zone is prohibited

except as authorized by the Captain of

the Port, Memphis, TN.

DATES: This regulation becomes

effective at 7 a.m. on April 17, 1995 and

terminates at 1 a.m. on July 30, 1995.

FOR FURTHER INFORMATION CONTACT:

LT Byron Black, Chief of Port

Operations, Coast Guard Captain of the

Port Memphis, 200 Jefferson Avenue,

Suite 1301, Memphis, TN 38103, Phone:

(901) 544–3941.

SUPPLEMENTARY INFORMATION:

Background and Purpose

At approximately 7 a.m. on April 17,

1995, the U.S. Army Corps of Engineers

will commerce weir dike construction

operations at Lower Mississippi River

mile 595.2 on the left descending bank.

The construction is expected to be

completed in approximately 90 days

from the commencement date. The

navigable channel will be blocked

during the operations. A safety zone

will be established on the Lower

Mississippi River from mile marker

593.0 to 597.0 in order to facilitate safe

vessel passage. All vessels shall

establish passing arrangements with the

contact pilot onboard the M/V BILL

RODGERS, via VHF Marine Band Radio,

Channel 13, prior to entering the safety

zone and shall abide by the conditions

of the arrangement. Entry of vessels or

persons into this zone without a passing

arrangement with the contact pilot is

prohibited except as authorized by the

Captain of the Port, Memphis, TN.

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publication of a notice of

proposed rulemaking and delay of

effective date would be contrary to the

public interest. Immediate action is

necessary to facilitate construction

operations during the present low water

level of the river. Harm to the public

and/or environment may result if vessel

traffic is not controlled during

construction operations.

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. It has not been reviewed by the

Office of Management and Budget 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

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, 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:

PART 165—[AMENDED]

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

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

160.5; and 49 CFR 1.46.

2. A new temporary section

§ 165.T02–012 is added to read as

follows:

§ 165.T02–012 Safety Zone; Lower

Mississippi River, Victoria Bend.

(a) Location. The following area is a

Safety Zone: All waters within the

shoreline and boundaries of Lower

Mississippi River miles 593.0 to 597.0.

(b) Effective dates. This section

becomes effective at 7 a.m. on April 17,

1995 and terminates at 1 a.m. on July

30, 1995.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited except as authorized by the

Captain of the Port.

The Captain of the Port will notify the

public of changes in the status of this

zone by Marine Safety Radio Broadcast

on VHF Marine Band Radio, Channel 22

(157.1 MHz).
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19355

Dated: April 12, 1995.

A.L. Thompson, Jr.,

Commander, U.S. Coast Guard, Captain of

the Port Memphis.

[FR Doc. 95–9529 Filed 4–17–95; 8:45 am]

BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Part 111

Revisions to Standards for Use of

Permit Imprints

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends

Domestic Mail Manual (DMM)

standards concerning methods of paying

postage. These amendments will:

Change the publishing requirements

for Form 3526, Statement of Ownership,

Management, and Circulation, to allow

greater flexibility in selecting the issue

in which the required information will

appear.

Relax the conditions under which a

company permit imprint may be used

while strengthening the ability of the

Postal Service to identify the place of

mailing of company permit imprint mail

and to obtain information about such

mailings. Generally, mailers will be

allowed to use a company-style imprint

without having to obtain permits at two

or more post offices, but these mailers

will be required to show a point of

contact to obtain records of the mailing.

Penalties for failure to provide records

are also established.

Relax the design restrictions on

permit imprint indicia. Generally, the

new standards allow for more creativity

while retaining restrictions that ensure

that the indicia content is readable and

clearly identifiable as postage payment.

Set a November 1, 1995, sunset date

for the use of second-class key rates.

EFFECTIVE DATES: June 2, 1995, except

for amendments to P200 which will

become effective April 18, 1995.

FOR FURTHER INFORMATION CONTACT: Leo

F. Raymond, (202) 268–5199.

SUPPLEMENTARY INFORMATION: On May 4,

1994, the Postal Service published for

public comment several proposed

changes to DMM standards related to

bulk and presort mailing fees and the

methods of paying postage (59 FR

23038–23041). Comments on the

proposed rule were initially due to the

Postal Service by June 20, 1994, but the

comment period was subsequently

extended to July 20, 1994, as published

on June 22, 1994 (59 FR 32165).

The Postal Service received responses

from 20 commenters, including three

mailer associations, collectively offering

25 comments on specific elements of the

proposed rule. Of those comments, 16

concerned the proposed rule’s

provisions regarding the return address

on mail paid by company permit

imprint; five comments spoke to the

provisions regarding publication of

Form 3526, Statement of Ownership,

Management, and Circulation; and one

comment each was offered on the

provisions regarding the preparation of

permit imprint mailings, the payment of

annual fees, the design of company

permit imprint indicia, and the

termination of key rates. Discussion of

these comments and the corresponding

aspects of the final rule are presented

below.

Form 3526

The proposed rule would amend

DMM E213.4.3 to change the publishing

requirements for Form 3526, Statement

of Ownership, Management, and

Circulation. Although under current

standards all publishers are required to

file Form 3526 by October 1 of each

year, those publishing general or

requester publications are further

required to publish the information on

that form in the second issue of that

publication after October 1. Responding

to publishers’ requests for a more

flexible standard on the issue in which

the information may appear, the Postal

Service proposed to revise the standard

to allow publication of Form 3526 in

any issue published during the month of

October. (The proposed rule incorrectly

cited DMM E213.4.3 as the section being

revised; the correct citation is DMM

E216.4.3. This correction is reflected in

the final rule.)

The five commenters on this

provision generally supported its

objective of a more flexible rule but

correctly noted that the proposed

wording precluded achievement of

some of what the standard would

require. For instance, it would be a

physical impossibility for a publication

to include in the data shown on the

published form information about

returned or unsold copies of the issue of

the publication in which the annual

report appeared. Further, publications

not issued in October would implicitly

be required to amend their frequency or

violate the proposed standard. One

commenter also noted that not

specifying by regulation the issue in

which the form had to appear weakened

its effectiveness in publicizing the data

that the form contained by making it

harder for an interested reader to find.

Another commenter requested

clarification of ‘‘issue date,’’ whether

this term referred to the cover date of

the issue or to the date when the issue

was produced or distributed.

The Postal Service agrees that its

proposal was worded at cross-purposes

to the ends that it sought to accomplish.

Accordingly, the final rule is amended

to allow more time for complete issue

data to be developed; to recognize the

practical limitations of a publication’s

frequency of issue (by relating the

publication of the form to that frequency

and allowing approximately equal time

for publishing the form to all

publications in proportion to their

frequency of issuance); and to state

clearly that the date of publishing the

form is related to when issues of the

publication are mailed. This final rule

does not take steps specifically to

facilitate a reader’s ability to find the

published form because the proposed

rule neither contemplated a problem in

that regard nor sought comment on

imposing such a new requirement. The

Postal Service may consider this

comment for a future proposal.

Company Permit Imprints

The proposed rule would also amend

DMM P040 to relax the conditions

under which a company permit imprint

may be used and to strengthen

concurrently the ability of the Postal

Service to identify the place of mailing

of company permit imprint mail and to

obtain information about such mailings.

Current standards require a permit

imprint indicium to contain the mailer’s

permit number and the name of the post

office where the permit is held unless,

for a mailer having permit imprint

authorizations at two or more post

offices, a company-style indicium is

used (in which the name of the permit

holder is substituted for the permit

number and post office name). At the

request of customers, the Postal Service

proposed a relaxation of the applicable

standards to let any permit holder use

the company-style format.

Current standards also require that

company permit imprint mailpieces

bear a complete domestic return

address, but these standards do not

specify what that address is to

represent. This has permitted instances

in which the permit holder has

deliberately frustrated the efforts of the

Postal Service to identify the point of

mailing, what was mailed, and whether

the correct postage was paid.

Consequently, the Postal Service

proposed to amend DMM P040 to

require more information to document

company permit imprint mailings (and

mailings including company permit

imprint pieces) by specifying that

mailers use as the return address the

location (the permit holder’s or its