Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 23113 

Dated: May 1, 2009. 

P.M. Gugg, 

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

Port, Sector San Francisco. 

[FR Doc. E9–11558 Filed 5–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG 2009–0327] 

Safety Zone; Vallejo Fourth of July 

Fireworks, Vallejo, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Vallejo Fourth of July Fireworks 

Display safety zone for the city of 

Vallejo, from 8 p.m. through 10 p.m. on 

July 4, 2009, in the Mare Island Straight 

in position 38°5′46′′ N, 122°15′54′′ W 

(NAD83). This action is necessary to 

control vessel traffic and to ensure the 

safety of event participants and 

spectators. During the enforcement 

period, unauthorized persons or vessels 

are prohibited from entering into, 

transiting through, or anchoring in the 

safety zone, unless authorized by the 

Patrol Commander (PATCOM). 

DATES: The regulations in 33 CFR 

165.1191 will be enforced from 8 p.m. 

through 10 p.m. on July 4, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail Lieutenant Junior Grade 

Simone Mausz, Sector San Francisco 

Waterways Safety Division, U.S. Coast 

Guard; telephone 415–399–7442, e-mail 

simone.mausz@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone for 

the annual Vallejo Fourth of July 

Fireworks in 33 CFR 165.1191 on July 

4, 2009, from 8 p.m. through 10 p.m. 

The fireworks launch site is on the 

shore line of Mare Island in Vallejo, CA 

and will be launched from position 

38°5′46′′ N, 122°15′54′′ W (NAD83). 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring in 

the safety zone during all applicable 

effective dates and times, unless 

authorized to do so by the PATCOM. 

Additionally, each person who receives 

notice of a lawful order or direction 

issued by an official patrol vessel shall 

obey the order of direction. The 

PATCOM is empowered to forbid and 

control the regulated area. The 

PATCOM shall be designated by the 

Commander, Coast Guard Sector San 

Francisco. The PATCOM may, upon 

request, allow the transit of commercial 

vessels through regulated areas when it 

is safe to do so. 

This notice is issued under authority 

of 33 CFR 165.1191 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners. 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: May 1, 2009. 

P.M. Gugg, 

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

Port, Sector San Francisco. 

[FR Doc. E9–11561 Filed 5–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3001 

[Docket No. RM2009–4; Order No. 214] 

Updates to Rules of Practice 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is removing 

obsolete rules of practice from the Code 

of Federal Regulations. The removed 

rules have been overtaken by 

rulemakings implementing a new postal 

law. 

DATES: Effective May 18, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–7689–6824 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends part 3001 of 

the Postal Regulatory Commission’s 

rules of practice and procedure, 39 CFR 

part 3001, by removing subparts B, C, F, 

G, I, J, K, and L. As explained below, 

these rules have been rendered obsolete 

by the passage of the Postal 

Accountability and Enhancement Act 

(PAEA), Public Law No. 109–435, 120 

Stat. 3218 (2006). 

The PAEA transformed the Postal 

Rate Commission into the Postal 

Regulatory Commission (Commission); 

repealed several key sections of title 39 

of the United States Code; and added a 

number of new statutory provisions to 

title 39. The result was a major change 

in the Commission’s regulatory 

responsibilities and authorities. In 

response to the changes made by the 

PAEA, the Commission, on October 29, 

2007, established a new system of 

ratemaking which was markedly 

different from the prior regulatory 

regime. Docket No. RM2007–1, Order 

Establishing Ratemaking Regulations for 

Market Dominant and Competitive 

Products, October 29, 2009 (Order No. 

43). 

Because of changes made by the 

PAEA and Order No. 43, subparts B, C, 

F, G, I, J, K, and L of part 3001 of the 

Commission’s rules of practice are 

obsolete and are being removed to avoid 

uncertainty and confusion. 

II. Discussion 

A. 39 CFR Part 3001, Subpart B—Rules 

Applicable to Requests for Changes in 

Rates or Fees 

Part 3001, subpart B, was adopted in 

1971 and covered requests by the Postal 

Service for the issuance of 

recommended decisions by the Postal 

Rate Commission on proposed changes 

in rates and fees. 36 FR 396 (January 12, 

1971). Subpart B implemented section 

3622 of the Postal Reorganization Act 

(PRA). Section 201(a) of the PAEA 

struck PRA §§ 3621 and 3622 from title 

39 of the United States Code and 

replaced those two sections with the 

following new sections: §§ 3621 and 

3622 (applicable to market dominant 

products) and §§ 3631 through 3634 

(applicable to competitive products). 

To implement these statutory 

changes, the Commission, in Order No. 

43, promulgated new regulations as 

parts 3010 and 3015. Those latter parts 

now govern rate changes for market 

dominant and competitive products, 

respectively. 

The repeal of 39 U.S.C. 3621 and 

3622; the addition of new §§ 3621, 3622, 

and 3631 through 3634 to title 39; and 

the adoption of parts 3010 and 3015 to 

the Commission’s rules of practice and 

procedure have, together, rendered 

subpart B of part 3001 obsolete. 

Accordingly, the Commission is 

removing subpart B. 


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23114 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 

1These subparts were initially subject to a sunset 

provision and expired on May 15, 2001. On 

September 24, 2001, the Postal Rate Commission 

reissued each of the three subparts for an additional 

5 years. Docket No. RM2001–3, Notice and Order 

Adopting Final Rule, September 24, 2001; 66 FR 

54436 (October 29, 2001). On November 8, 2006, 

the Postal Rate Commission again reissued these 

three subparts for an additional 5 years. See Docket 

No. RM2006–1, Order Adopting Amendments to the 

Rules of Practice and Procedure, November 8, 2006; 

71 FR 66675 (November 16, 2006). 

B. 39 CFR Part 3001 Subpart C—Rules 

Applicable to Requests for Establishing 

or Changing the Mail Classification 

Schedule; Subpart I—Rules for 

Expedited Review to Allow Market Tests 

of Proposed Mail Classification 

Changes; Subpart J—Rules for 

Expedited Review of Requests for 

Provisional Service Changes of Limited 

Duration; and Subpart K—Rules for Use 

of Multi-Year Test Periods 

Subparts C, I, J, and K of part 3001 of 

the Commission’s rules of practice and 

procedure cover requests for 

establishing or changing the Mail 

Classification Schedule (MCS); requests 

for expedited review of market tests of 

proposed mail classification changes; 

requests for expedited review of 

proposed provisional service changes of 

limited duration that will supplement, 

but not alter, existing mail 

classifications and rates; and requests 

for multi-year test periods for proposed 

services. All four of these subparts 

implemented PRA § 3623, which dealt 

with the establishment and modification 

of the MCS. Subpart C was originally 

adopted in 1971. 36 FR 396 (January 12, 

1971). Subpart C was amended, and 

subparts I, J, and K were adopted by 

Order No. 1110 issued by the Postal 

Rate Commission on May 7, 1996. 61 FR 

24447 (May 15, 1996).1

Section 201(b) of the PAEA repealed 

PRA § 3623. On October 29, 2007, the 

Commission established a new MCS 

that categorized products as either 

market dominant or competitive. The 

Commission viewed the new MCS as a 

‘‘ ‘vehicle for presenting the product 

lists with necessary descriptive 

content.’ ’’ Order No. 43, at 101, citing 

Docket No. RM2007–1, Order Proposing 

Regulations to Establish a System of 

Ratemaking, August 15, 2007, para. 

4003 (Order No. 26). The authority to 

establish a new MCS was derived from 

the Commission’s power under 39 

U.S.C. 3642 to consider modifications to 

the market dominant and competitive 

product lists. See Order No. 26, para. 

4001. Regulations governing the market 

dominant and competitive product lists 

are contained in part 3020 of the 

Commission’s rules. 

The repeal of 39 U.S.C. 3623; the 

enactment by the PAEA of 39 U.S.C. 

3642; and the adoption of the new MCS 

by Order No. 43 have rendered subparts 

C, I, J, and K of part 3001 of the rules 

of practice and procedure obsolete. 

Accordingly, the Commission is 

removing those subparts. 

C. Subpart F—Rules Applicable to the 

Filing of Testimony by Intervenors 

Subpart F of part 3001 was originally 

adopted in 1973 and provides rules for 

the filing by intervenors of relevant and 

material evidence in rate and 

classification proceedings. 38 FR 7536 

(March 22, 1973). 

The enactment of the PAEA and the 

adoption of regulations governing rate 

and classification changes in parts 3010, 

3015, and 3020 render subpart F of part 

3001 obsolete. Unless otherwise ordered 

by the Commission or a Presiding 

Officer, evidence can be filed in a 

Commission proceeding pursuant to 

rule 31 in subpart A to part 3001. 

D. Subpart G—Rules Applicable to the 

Filing of Reports by the U.S. Postal 

Service 

PRC Order No. 203, Docket No. 

RM2008–4, April 16, 2009, adopted new 

periodic reporting rules and placed 

those rules in a new part 3050. That 

same order removed rules 3001.102 and 

3001.103 from subpart G of part 3001. 

Through inadvertence, rule 3001.101, 

the sole remaining rule in subpart G, 

was left unaffected. Since rule 3001.101 

serves no remaining purpose, subpart G 

is being removed. 

E. Subpart L—Rules Applicable to 

Negotiated Service Agreements 

Subpart L of part 3001 was adopted 

by the Postal Rate Commission during 

2004 and provided rules for negotiated 

service agreements. 69 FR 7574 

(February 18, 2004). Subpart L 

implemented PRA §§ 3622 and 3623. 

In addition to repealing §§ 3622 and 

3623, the PAEA enacted a new § 3622 to 

title 39. Section 3622(c)(10) provides the 

current basis for market dominant 

negotiated service agreements. New part 

3010 adopted by Order No. 43 includes 

a new subpart D containing rules for 

rate adjustments for market dominant 

negotiated service agreements. 

The repeal of 39 U.S.C. §§ 3622 and 

3623; the enactment by the PAEA of a 

new § 3622 to title 39; and the adoption 

of the new subpart D to part 3001 have 

rendered subpart L of part 3001 

obsolete. Accordingly, the Commission 

is removing subpart L. 

III. Effective Date 

Notice and comment are not required 

under the Administrative Procedure Act 

when a rulemaking involves 

‘‘interpretative rules, general statements 

of policy, or rules of agency 

organization, procedure, or practice[.]’’ 

5 U.S.C. 553(b)(A). The elimination of 

subparts B, C, F, G, I, J, K, and L of part 

3001 of the Commission’s rules of 

practice and procedure therefore does 

not require notice and the opportunity 

for public comment. 

Generally, a rule becomes effective 

not less than 30 days after publication 

in the Federal Register. A rule may 

become effective sooner if it is an 

interpretative rule, a statement of 

policy, or if the agency finds good cause 

to make it effective sooner. 5 U.S.C. 

553(d). Since the statutory bases for the 

rules of practice being eliminated have 

been repealed and since new rules 

reflecting the current statutory scheme 

have been adopted, the Commission 

finds that good cause exists to make the 

rule promulgated by this order effective 

upon its publication in the Federal 

Register. 

IV. Conclusion 

In consideration of the foregoing, the 

Commission removes subparts B, C, F, 

G, I, J, K, and L of part 3001 of its rules 

of practice and procedure. 

V. Ordering Paragraphs 

It is Ordered: 

1. Subpart 3001, subparts B, C, F, G, 

I, J, K, and L are hereby removed from 

the Commission’s rules of practice and 

procedure. 

2. Removal of the subparts referred to 

in paragraph 1 is effective upon 

publication of this order in the Federal 

Register. 

3. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

List of Subjects in 39 CFR Part 3001 

Administrative practice and 

procedure; Postal Service. 

By the Commission. 

Steven W. Williams, 

Secretary. 

■ For the reasons stated in the preamble, 

under the authority at 39 U.S.C. 503, the 

Postal Regulatory Commission amends 

39 CFR chapter III as follows: 

PART 3001—RULES OF PRACTICE 

AND PROCEDURE 

■ 1. The authority citation for part 3001 

is revised to read as follows: 

Authority: 39 U.S.C. 404(d); 503; 3661. 

Subparts B–C [Removed and reserved] 

■ 2. Remove and reserve subparts B and 

C. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 23115 

Subparts F–G [Removed and reserved] 

■ 3. Remove and reserve subparts F and 

G. 

Subparts I–L [Removed and reserved] 

■ 4. Remove and reserve subparts I 

through L. 

[FR Doc. E9–11533 Filed 5–15–09; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8075] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 


cprice-sewell on PRODPC61 with RULES