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1346 Federal Register / Vol. 70, No.

5 / Friday, January 7, 2005 / Rules and Regulations

Assistance for Small Entities Interference with Constitutionally significant energy action. Therefore, it
Under section 213(a) of the Small Protected Property Rights. does not require a Statement of Energy
Business Regulatory Enforcement Effects under Executive Order 13211.
Civil Justice Reform
Fairness Act of 1996 (Pub. L. 104–121), This rule meets applicable standards List of Subjects in 33 CFR Part 165
we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive Harbors, Marine safety, Navigation
understanding the rule so that they can Order 12988, Civil Justice Reform, to (water), Reporting and recordkeeping
better evaluate its effects on them and minimize litigation, eliminate requirements, Security measures,
participate in the rulemaking process. If ambiguity, and reduce burden. Waterways.
the rule will affect your small business,
organization, or government jurisdiction Protection of Children ■ For the reasons discussed in the
and you have questions concerning its preamble, the Coast Guard amends 33
We have analyzed this rule under CFR 165, as follows:
provisions or options for compliance, Executive Order 13045, Protection of
please contact the person listed under Children from Environmental Health PART 165—REGULATED NAVIGATION
FOR FURTHER INFORMATION CONTACT for Risks and Safety Risks. This rule is not AREAS AND LIMITED ACCESS AREAS
assistance in understanding this rule. an economically significant rule and
Small businesses may send comments does not create an environmental risk to ■ 1. The authority citation for Part 165
on the actions of Federal employees health or safety that may continues to read as follows:
who enforce, or otherwise determine disproportionately affect children. Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
compliance with, Federal regulations to Chapter 701; 50 U.S.C. 191, 195; 33 CFR
the Small Business and Agriculture Environment 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
Regulatory Enforcement Ombudsman We have analyzed this rule under 107–295, 116 Stat. 2064; Department of
and the Regional Small Business Commandant Instruction M16475.lD, Homeland Security Delegation No. 0170.1.
Regulatory Fairness Boards. The which guides the Coast Guard in ■ 2. A new temporary § 165.T07–134 is
Ombudsman evaluates these actions and complying with the National added to read as follows:
annually rates each agency’s Environmental Policy Act of 1969
responsiveness to small business. If you (NEPA)(42 U.S.C. 4321–4370f), and 165.T07–134 Safety Zone Cocoa Village
wish to comment on actions by Mardi Gras, Cocoa, FL
have concluded that there are no factors
employees of the Coast Guard, call 1– in this case that would limit the use of (a) Regulated area. The Coast Guard is
888–REG–FAIR (1–888–734–3247). a categorical exclusion under section establishing a temporary safety zone on
2.B.2 of the Instruction. Therefore, this the Indian River, Cocoa, FL. The safety
Collection of Information zone includes all waters within in a
rule is categorically excluded, under
This rule calls for no new collection figure 2–1, paragraph (34)(g), of the 700-foot radius of the fireworks platform
of information under the Paperwork Instruction, from further environmental located at position 28°21.03′ N,
Reduction Act of 1995 (44 U.S.C. 3501– documentation. Under figure 2–1, 080°43.13′ W located at Lee Wenner
3520). paragraph (34)(g), of the Instruction, an Park.
‘‘Environmental Analysis Check List’’ (b) Regulations. In accordance with
Federalism the general regulations in § 165.23 of
and a ‘‘Categorical Exclusion
A rule has implications for federalism Determination’’ are not required for this this part, anchoring, mooring or
under Executive Order 13132, rule. transiting in this zone is prohibited
Federalism, if it has a substantial direct unless authorized by the Coast Guard
effect on State or local governments and Indian Tribal Governments Captain of the Port Jacksonville, Florida.
would either preempt State law or This rule does not have tribal (c) Dates. This rule is effective from
impose a substantial direct cost of implications under Executive Order 11:30 p.m., February 26, 2005, until
compliance on them. We have analyzed 13175, Consultation and Coordination 12:30 a.m. on February 27, 2005.
this rule under that Order and have with Indian Tribal Governments, Dated: November 16 2004.
determined that it does not have because it does not have substantial David. L. Lersch,
implications for federalism. direct effect on one or more Indian Captain, U.S. Coast Guard, Captain of the
tribes, on the relationship between the Port Jacksonville.
Unfunded Mandates Reform Act
Federal Government and Indian tribes, [FR Doc. 05–293 Filed 1–6–05; 8:45 am]
The Unfunded Mandates Reform Act or on the distribution of power and
BILLING CODE 4910–15–P
of 1995 (2 U.S.C. 1531–1538) requires responsibilities between the Federal
Federal agencies to assess the effects of Government and Indian tribes.
their discretionary regulatory actions. In
particular, the Act addresses actions Energy Effects POSTAL SERVICE
that my result in the expenditure by We have analyzed this rule under
State, local, or tribal government, in the Executive Order 13211, Actions 39 CFR Part 111
aggregate, or by the private sector of Concerning regulations That
Signature Confirmation Service:
$100,000,000 or more in any one year. Significantly Affect Energy Supply,
Elimination of Signature Waiver Option
Although this rule will not result in Distribution, or Use. We have
such an expenditure, we do discuss the determined that it is not a ‘‘significant AGENCY: Postal Service.
effects of this rule elsewhere in this energy action’’ under that order because ACTION: Final rule.
preamble. it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not SUMMARY: This rule changes the
Taking of Private Property likely to have significant adverse effect Domestic Mail Manual (DMM) to
This rule will not affect a taking of on the supply, distribution, or use of eliminate the signature waiver option
private property or otherwise have energy. It has not been designated by the for Signature Confirmation service
taking implications under Executive Administrator of the Office of under DMM S919.1.10. The Postal
Order 12630, Governmental Actions and Information and Regulatory Affairs as a Service is making this change because

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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Rules and Regulations 1347

the signature waiver option is no longer proof of delivery. If a mailer selects the PART 111—[AMENDED]
necessary. signature waiver option, the mailer is
EFFECTIVE DATE: February 1, 2005. provided only with the date and time of ■ 1. The authority citation for 39 CFR
FOR FURTHER INFORMATION CONTACT: delivery in the delivery record. The part 111 continues to read as follows:
Donald Lagasse, 202–268–7269, signature waiver option is not available
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
Donald.T.Lagasse@usps.gov. when Signature Confirmation service is 401, 403, 404, 414, 416, 3001–3011, 3201–
combined with other special services. 3219, 3403–3406, 3621, 3626, 5001.
SUPPLEMENTARY INFORMATION: In a Signature waiver was requested
proposed rule published in the Federal initially by Delivery Confirmation ■ 2. Amend the following sections of the
Register on September 2, 2004 (69 FR service mailers who agreed to Domestic Mail Manual (DMM) as set
53665), the Postal Service proposed an participate in testing the Signature forth below:
amendment to Domestic Mail Manual Confirmation service but did not want
(DMM) standards eliminating the to inconvenience their customers by S SPECIAL SERVICES
signature waiver option for Signature requiring them to sign for their items. * * * * *
Confirmation service. The Postal Service Now that Signature Confirmation
adopts the proposal as described below. service is fully implemented and widely S900 Special Postal Services
Signature Confirmation service recognized, the signature waiver feature * * * * *
provides Postal Service customers with is no longer necessary.
information about the date and time a S910 Security and Accountability
mailpiece was delivered and, if delivery Summary of Comments
* * * * *
was attempted but not successful, the The Postal Service did not receive any
date and time of the delivery attempt. A comments in response to this proposal. S919 Signature Confirmation
delivery record, including the Therefore, the Postal Service will 1.0 BASIC INFORMATION
recipient’s signature, is maintained by eliminate the signature waiver option
the Postal Service and is available to the for Signature Confirmation service as of * * * * *
customer via fax, e-mail, or mail, upon February 1, 2005. Customers who do not [Delete 1.10, Signature Waiver, in its
request. No acceptance record is kept at need to obtain a signature but wish to entirety.]
the office of mailing. know the date and time that their * * * * *
Signature Confirmation service mailpiece was delivered can do so using
currently includes a signature waiver 2.0 LABELS
Delivery Confirmation service.
option that allows the sender to waive * * * * *
the signature requirement and accept List of Subjects in 39 CFR Part 111
the Postal Service delivery employee’s Administrative practice and Exhibit 2.1a Form 153
signature, date, and time of delivery as procedure, Postal Service. BILLING CODE 7710–12–P

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1348 Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Rules and Regulations

BILLING CODE 7710–12–P or in part, authorization to distribute without any changes. The editorial
An appropriate amendment to 39 CFR postage meters if the authorized entity changes to correct references to sections
part 111 will be published to reflect or its agent makes or distributes false or of part 501 necessitated by the
these changes. misleading statements about actions or redesignation of certain sections are as
Neva Watson, proposed actions of the Postal Service follows: In section 501.2(c), the
Attorney, Legislative. regarding the postage meter program. In reference to section 501.21 is corrected
addition, minor editorial changes were to 501.22. In section 501.4, the reference
[FR Doc. 05–135 Filed 1–6–05; 8:45 am]
made to correct references to sections of to section 501.23 is corrected to 501.24.
BILLING CODE 7710–12–C
part 501 that were in error. In section 501.6(d), the reference to
DATES: This rule is effective January 7, section 501.20(c) is corrected to section
POSTAL SERVICE 2005. 501.6(c). In section 501.23(i), reference
FOR FURTHER INFORMATION CONTACT: to section 501.26 is corrected to section
39 CFR Part 501 Wayne Wilkerson, Manager of Postage 501.27. In section 501.24(b), the
Technology Management, at 703–292– reference to section 501.26 is corrected
Authorization to Manufacture and 3691 or by fax at 703–292–4073.
Distribute Postage Meters to section 501.27 and the reference to
SUPPLEMENTARY INFORMATION: The Postal section 501.25 is corrected to section
AGENCY: Postal Service. Service published a proposed rule in the 501.26. In section 501.27(e), the
ACTION: Final rule. Federal Register on November 20, 2003, reference to section 501.23 is corrected
to amend 39 CFR part 501, to section 501.24. In section 501.30(a),
SUMMARY: Under 39 CFR 501.1, only Authorization to Manufacture and the reference to section 501.22(b) is
manufacturers and distributors Distribute Postage Meters. Comments on corrected to section 501.23(b).
authorized by the Postal Service,(tm) the proposed rule were due on or before
may manufacture and/or distribute December 20, 2003. We received no List of Subjects in 39 CFR Part 501
postage meters in the United States. comments objecting to the proposed
This final rule provides that the Postal rule or requesting any changes. Administrative practice and
Service may revoke or suspend, wholly Therefore, the rule is adopted as final procedure, Postal Service.
ER07JA05.003</GPH>

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