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Federal Register / Vol. 83, No.

190 / Monday, October 1, 2018 / Rules and Regulations 49283

(c) Regulations. (1) Under the general DATES: This rule is effective October 31, 160.5; Department of Homeland
safety zone regulations in subpart C of 2018. Security Delegation No. 0170.1.
this part, you may not enter the safety ADDRESSES: To view documents III. Legal Authority and Need for Rule
zone described in paragraph (a) of this mentioned in this preamble as being
section unless authorized by the COTP On the behalf of COTP Sector Sault
available in the docket, go to https://
or designated representative. Sainte Marie, the Ninth Coast Guard
www.regulations.gov, type USCG–2018–
(2) To seek permission to enter, District is creating a Regulated
0563 in the ‘‘SEARCH’’ box and click
contact the COTP or designated Navigation Area that mandates
‘‘SEARCH.’’ Click on Open Docket
representative via VHF–FM channel 16 transiting vessels make a direct passage
Folder on the line associated with this
or telephone at 910–362–4015 and with no anchoring or loitering, unless
rule.
comply with all lawful orders or expressly granted permission from the
directions given. FOR FURTHER INFORMATION CONTACT: If COTP or designated representative.
(d) Enforcement. The U.S. Coast you have questions on this rule, call or Vessels that are required to comply with
Guard may be assisted in the patrol and email Lieutenant Jason Radcliffe, Ninth this RNA include vessels of 40 meters
enforcement of the safety zone by District Waterways Management, U.S. or more in length, towing vessels of 20
Federal, State, and local agencies. Coast Guard; telephone 216–902–6060, meters or more in length while engaged
(e) Enforcement periods. This section email Jason.A.Radcliffe2@uscg.mil. in towing another vessel, vessels
will be enforced any time salvage SUPPLEMENTARY INFORMATION: certificated to carry 50 or more
vessels are exhibiting visual signals for passengers for hire, when engaged in
I. Table of Abbreviations trade, or any dredge or floating plant.
vessels restricted in ability to maneuver
in accordance with 33 CFR 83.27(b) or CFR Code of Federal Regulations Within the RNA, the District
any time diving vessels are exhibiting RNA Regulated Navigation Area Commander or COTP may establish
visual signals for vessels engaged in COTP Captain of the Port temporary traffic rules that include but
DHS Department of Homeland Security are not limited to channel obstructions,
diving operations in accordance with 33
FR Federal Register winter navigation, unusual weather
CFR 83.27(e). The exact timeframe that NPRM Notice of proposed rulemaking
will be required to complete diving and conditions, or unusual water levels.
RNA Regulated Navigation Area
salvage operations is unknown, but the § Section
This rule will ensure transiting mariners
Coast Guard estimates that it may take U.S.C. United States Code are fully aware of existing and emergent
21 days from beginning of salvage hazards to navigation on or below the
operations until the channel is returned II. Background, Purpose, and Legal navigable waterways and provide the
to pre-Hurricane Florence conditions. Basis Coast Guard with greater situational
The northwest part of Lake Huron awareness and oversight. The regulatory
Dated: September 26, 2018.
forms the approach to, and the east part text appears at the end of this
Bion B. Stewart, document.
Captain, U.S. Coast Guard, Captain of the
of the, Straits of Mackinac. At the
Port North Carolina. extreme northwest end, the lake IV. Discussion of Comments, Changes,
[FR Doc. 2018–21276 Filed 9–28–18; 8:45 am]
narrows abruptly to a width of 4 miles. and the Rule
Spanning this divide is the Mackinac In total, we received 21 comments on
BILLING CODE 9110–04–P
Bridge. Two main shipping lanes lead the proposed regulated navigation area
north and south of Bois Blanc Island (RNA) for the Straits of Mackinac
DEPARTMENT OF HOMELAND and pass under the bridge. Numerous published on August 2, 2018 (83 FR
SECURITY shoals and several islands obstruct the 37780). In consideration of the
Straits Area. Located approximately a comments received, we have amended
Coast Guard mile west of the Mackinac Bridge are the regulatory text in this final rule.
submerged electrical cables and the We received seven comments
33 CFR Part 165 Enbridge Line 5 Pipeline. Posted on expressing support for proceeding with
NOAAs navigation charts are cautionary the rulemaking.
[Docket Number USCG–2018–0563] notes advising mariners of the cable and One comment did not address the
pipeline area. There is no prohibition proposed rule, nor offer any support for
RIN 1625–AA11 nor is there an enforcement mechanism or criticism against the rulemaking.
to discourage anchoring in this area. One commenter suggested that
Regulated Navigation Area; Straits of The Captain of the Port (COTP) of Sault
Mackinac pipelines and cables could be protected
Sainte Marie has determined that the with a smaller than proposed RNA. The
AGENCY: Coast Guard, DHS. high volume of vessel transits and the Coast Guard believes that requiring
ACTION: Final rule. potential for damage to submerged ships to seek permission from the COTP
infrastructure warrants the creation of a to anchor in any part of the regulated
SUMMARY: The Coast Guard is regulatory measure to specifically area, coupled with the requirement to
establishing a Regulated Navigation outline an area of regulated navigation notify the COTP 15 minutes prior to
Area (RNA) for certain waters of the that establishes transit and getting underway, will reduce the
Straits of Mackinac. This action is communication expectations through likelihood of an accidental anchor
necessary to provide for the safety of life the Straits. deployment through areas with pipes
and protection of property on these The purpose of this rulemaking is to and cables below.
navigable waters near Mackinaw City, better enhance the safety of vessels and Another commenter expressed
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MI. This rule prohibits persons and protection of sub-surface cables and disapproval of the proposed rule, saying
vessels from anchoring or loitering pipelines within the navigable waters of it would not prevent accidents in the
within the RNA unless authorized by the Straits of Mackinac. The Coast future. The comment did not offer any
the Captain of the Port of Sault Sainte Guard publishes this rulemaking under suggestions for how to improve the
Marie, Michigan or a designated authority in 33 U.S.C. 1231; 50 U.S.C. regulations. For the same reasons given
representative. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and above, the Coast Guard believes that

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49284 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations

there will be fewer accidental anchor the RNA, but not within charted with populations of less than 50,000.
deployments causing damage to the submerged cables and/or pipelines The Coast Guard received no comments
pipes and cables below the surface. areas. The sightseeing, ferry, and from the Small Business Administration
One commenter suggested that we tourism waivers are intended for on this rulemaking. The Coast Guard
should remove the pipelines. The frequent vessel operations and certifies under 5 U.S.C. 605(b) that this
purpose of this RNA, however, is to configurations that are reasonably rule will not have a significant
protect all of the submerged pipes and determined by the COTP to not pose a economic impact on a substantial
cables in the Straits of Mackinac and to threat to sensitive submerged number of small entities.
prevent accidental anchor deployment infrastructure. While some owners or operators of
through them. Lastly, this rule differs from the vessels intending to transit the safety
One comment from NOAA’s charting NPRM in that we added language to zone may be small entities, for the
team requested clarification of the § 165.944(c)(4) that states even when reasons stated in section V.A above, this
horizontal datum type used. In this final one (1) hour notice is given to the rule will not have a significant
rule, we include the horizontal datum COTP, anchoring in the charted economic impact on any vessel owner
type, NAD 83, in the regulatory text submerged cable and pipeline areas is or operator. The majority of this rule
after the latitude coordinates. prohibited. This additional language is applies to vessels typically larger than
We received four comments from necessary to achieve our goal of those operated by small entities. The
commercial vessel owners and operators promoting safe transit through the RNA size and operational applicability of this
concerned that the rulemaking would now that we have added waivers and rule is found at the end of this
prohibit large vessels from anchoring to permission to anchor with little to no document.
safely endure foul weather. Other notice in emergencies. Under section 213(a) of the Small
commenters expressed similar concern Business Regulatory Enforcement
on having to anchor within the RNA, V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121),
away from submerged cables and We developed this rule after we want to assist small entities in
pipelines, in adverse weather with little considering numerous statutes and understanding this rule. If the rule
or no notice. To address these safety Executive orders related to rulemaking. would affect your small business,
concerns, we have added clarification Below we summarize our analyses organization, or governmental
that in emergency cases, regulated based on a number of these statutes and jurisdiction and you have questions
vessels may anchor in the RNA without Executive orders, and we discuss First concerning its provisions or options for
one hour notice to the COTP, but they Amendment rights of protestors. compliance, please contact the person
must give notice of anchoring as soon as listed in the FOR FURTHER INFORMATION
practical. Nothing in this rule prohibits A. Regulatory Planning and Review
CONTACT section.
vessel masters from safely navigating Executive Orders 12866 and 13563 Small businesses may send comments
their vessels and/or anchoring when direct agencies to assess the costs and on the actions of Federal employees
necessary while in extremis and/or to benefits of available regulatory who enforce, or otherwise determine
preserve safety of life at sea. alternatives and, if regulation is compliance with, Federal regulations to
Communicating the need and requesting necessary, to select regulatory the Small Business and Agriculture
permission to anchor with an hour’s approaches that maximize net benefits. Regulatory Enforcement Ombudsman
notice, or as soon as practicable, gives Executive Order 13771 directs agencies and the Regional Small Business
the COTP the situational awareness and to control regulatory costs through a Regulatory Fairness Boards. The
ability to respond to mariner needs. budgeting process. This rule has not Ombudsman evaluates these actions
Six comments were received from been designated a ‘‘significant annually and rates each agency’s
sight-seeing, ferry, and tourism related regulatory action,’’ under Executive responsiveness to small business. If you
waterway users concerned with this rule Order 12866. Accordingly, this rule has wish to comment on actions by
prohibiting their ability to linger, loiter, not been reviewed by the Office of employees of the Coast Guard, call 1–
stop, etc. to observe specific areas of Management and Budget (OMB), and 888–REG–FAIR (1–888–734–3247). The
interest. The Coast Guard does not pursuant to OMB guidance it is exempt Coast Guard will not retaliate against
intend to overly burden businesses from the requirements of Executive small entities that question or complain
engaged in these activities. Therefore, Order 13771. about this rule or any policy or action
we amended this final rule’s definition This regulatory action determination of the Coast Guard.
of loiter to explicitly exclude brief stops is based on the fact that no part of this
for sightseeing, ferrying and tourism. rulemaking and its stipulations will C. Collection of Information
Thus, operations that require stopping require any additional equipment This rule will not call for a new
by passenger ships for sightseeing, purchases or create an undue burden to collection of information under the
ferrying, and tourism purposes do not marine operations. This rule will Paperwork Reduction Act of 1995 (44
require expressed permission from the increase communication and situational U.S.C. 3501–3520).
COTP under this rule because we do not awareness of the specified area.
think these brief stops reduce the safety D. Federalism and Indian Tribal
goals of this RNA. However, this rule B. Impact on Small Entities Governments
requires that vessels engaged in The Regulatory Flexibility Act of A rule has implications for federalism
sightseeing, ferrying, and tourism 1980, 5 U.S.C. 601–612, as amended, under Executive Order 13132,
contact the COTP within one hour of requires Federal agencies to consider Federalism, if it has a substantial direct
their intent to anchor within the RNA. the potential impact of regulations on effect on the States, on the relationship
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The regulatory text in this final rule small entities during rulemaking. The between the national government and
differs from the NPRM in that we added term ‘‘small entities’’ comprises small the States, or on the distribution of
the ability for operators of vessels businesses, not-for-profit organizations power and responsibilities among the
engaged in activities, such as tourism, that are independently owned and various levels of government. We have
ferrying, or sightseeing, to request a operated and are not dominant in their analyzed this rule under that Order and
waiver from the COTP to anchor within fields, and governmental jurisdictions have determined that it is consistent

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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations 49285

with the fundamental federalism jeopardizing the safety or security of (2) Vessels transiting through the RNA
principles and preemption requirements people, places or vessels. must comply with all directions given to
described in Executive Order 13132. them by the COTP, or a designated
List of Subjects in 33 CFR Part 165
Also, this rule does not have tribal representative. The ‘‘designated
implications under Executive Order Harbors, Marine safety, Navigation representative’’ of the COTP is any
13175, Consultation and Coordination (water), Reporting and recordkeeping Coast Guard commissioned, warrant or
with Indian Tribal Governments, requirements, Security measures, petty officer who is designated by the
because it does not have a substantial Waterways. COTP to act on their behalf. The
direct effect on one or more Indian For the reasons discussed in the designated representative may be on a
tribes, on the relationship between the preamble, the Coast Guard amends 33 Coast Guard vessel; or other designated
Federal Government and Indian tribes, CFR part 165 as follows: craft; or on shore and communicating
or on the distribution of power and via VHF–16 or telephone, 906–635–
responsibilities between the Federal PART 165—REGULATED NAVIGATION 3319.
Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS (3) Vessels transiting through the RNA
believe this rule has implications for must make a direct passage. No vessel
federalism or Indian tribes, please ■ 1. The authority citation for part 165 may anchor or loiter within the RNA at
contact the person listed in the FOR continues to read as follows: any time without the expressed
FURTHER INFORMATION CONTACT section. Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
permission of the COTP or a designated
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; representative.
E. Unfunded Mandates Reform Act Department of Homeland Security Delegation (4) Vessels are prohibited from
No. 0170.1. anchoring in any charted submerged
The Unfunded Mandates Reform Act
cable and/or pipeline areas; except
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.944 to read as follows: when expressly permitted by the COTP.
Federal agencies to assess the effects of
§ 165.944 Regulated Navigation Area; Vessels desiring to anchor within the
their discretionary regulatory actions. In
Straits of Mackinac. confines of the RNA, but outside a
particular, the Act addresses actions charted submerged cable and/or
that may result in the expenditure by a (a) Location. All navigable waters of
pipeline area, must contact the COTP or
State, local, or tribal government, in the the Straits of Mackinac bounded by
a designated representative one (1) hour
aggregate, or by the private sector of longitudes 084°20′ W and 085°10′ W
in advance of anchoring via VHF–16 or
$100,000,000 (adjusted for inflation) or and latitudes 045°39′ N and 045°54′ N
telephone 906–635–3319. The person
more in any one year. Though this rule (NAD 83), including Grays Reef Passage,
directing the movement of the vessel
will not result in such an expenditure, the South Channel between Bois Blanc
desiring to anchor shall provide the
we do discuss the effects of this rule Island and Cheboygan, MI, and the
time, purpose and location for the
elsewhere in this preamble. waters between Mackinac Island and St.
proposed anchoring. Vessels who
Ignace, MI.
F. Environment receive permission to anchor, shall
(b) Applicability. Unless otherwise notify the COTP or a designated
We have analyzed this rule under stated, the provisions of this regulated representative no less than 15 minutes
Department of Homeland Security navigation area (RNA) apply to the prior to getting underway via VHF–16 or
Directive 023–01 and Commandant following vessels: telephone 906–635–3319.
Instruction M16475.1D, which guide the (1) Vessels of 40 meters (approx. 131 (5) In an emergency, any vessel may
Coast Guard in complying with the feet) or more in length, while deviate from this regulation to the
National Environmental Policy Act of navigating; extent necessary to avoid endangering
1969 (42 U.S.C. 4321–4370f), and have (2) Towing vessels of 20 meters the safety of persons, the environment,
made a determination that this action is (approx. 65 feet) or more in length, and/or property. If deviation from the
one of a category of actions that do not while engaged in towing another vessel regulation is necessary, the master or his
individually or cumulatively have a astern, alongside or by pushing ahead; designee shall inform the Coast Guard
significant effect on the human or as soon as it is practicable to do so.
environment. This rule involves (3) Vessels certificated to carry 50 or (6) The owner, operator, charterer,
creating a permanent Regulated more passengers for hire, when engaged master or person directing the
Navigation Area detailing how mariners in trade; or movement of a vessel desiring to anchor
shall transit through the Straits of (4) Each dredge or floating plant. within the prescribed RNA for the
Mackinac. Normally such actions are (c) Regulations. The general purposes of work, dredging, or survey
categorically excluded from further regulations contained in §§ 165.10, must receive permission from the COTP
review under paragraph L61 of 165.11, and 165.13 apply within this or a designated representative a
Appendix A, Table 1 of DHS Instruction RNA. minimum of 72 hours in advance of the
Manual 023–01–001–01, Rev. 01. A (1) Nothing in this regulation relieves desired activity. Vessels engaged in
Record of Environmental Consideration any vessel, owner, operator, charterer, activities, such as tourism, ferrying, or
supporting this determination is master, or person directing the sightseeing, which require anchoring,
available in the docket where indicated movement of a vessel, from the within the RNA boundaries, but not
under ADDRESSES. consequences of any neglect to comply within charted submerged cables and/or
with this part or any other applicable pipelines areas, may request a waiver
G. Protest Activities
law or regulation (i.e. the International from the COTP.
The Coast Guard respects the First Regulations for Prevention of Collisions (7) In the RNA, the District
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Amendment rights of protesters. at Sea, 1972 (72 COLREGS) or the Commander or COTP may establish
Protesters are asked to contact the Inland Navigation Rules) or of the temporary traffic rules for reasons that
person listed in the FOR FURTHER neglect of any precaution which may be include but are not limited to channel
INFORMATION CONTACT section to required by the ordinary practice of obstructions, winter navigation, unusual
coordinate protest activities so that your seamen, or by the special circumstances weather conditions, or unusual water
message can be received without of the case. levels.

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49286 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations

(8) There may be times that the Ninth SUPPLEMENTARY INFORMATION: quarterly Revenue, Pieces, and Weight
District Commander or the COTP finds (RPW) report; the Quarterly Statistics
Regulatory History
it necessary to close the RNA to vessel Report (QSR); the quarterly Billing
traffic. During times of limited closure, 83 FR 33879 (Jul. 18, 2018) Determinants report; and the monthly
persons and vessels may request 83 FR 1320 (Jan. 11, 2018) National Consolidated Trial Balance and
permission to enter the RNA by Table of Contents Revenue and Expense Summary (Trial
contacting the COTP or a designated Balance) report to align the deadlines
representative via VHF–16 or telephone I. Introduction with other financial reporting deadlines.
II. Background
906–635–3319. III. Comments
Petition at 1. The Postal Service stated
(d) Definitions. As used in this RNA: IV. Commission Analysis that aligning the deadlines would be
(1) Captain of the Port means the V. Changes to the Proposed Rules more effective, as the current rules
United States Coast Guard Captain of VI. Ordering Paragraphs require the reports to be submitted
the Port (COTP) of Sault Sainte Marie, before key information is available. Id.
Michigan. I. Introduction at 3–5.
(2) Straits of Mackinac means the In this Order, the Commission adopts Second, the Postal Service requested
navigable waters of the Great Lakes final rules revising periodic reporting that the Commission change the format
connecting Lake Huron to Lake requirements codified in 39 CFR part of the Monthly Summary Financial
Michigan passing between the upper 3050. The final rules adopted by this Report. Id. at 6. The Postal Service
and lower peninsulas of Michigan. Order amend existing rules by adjusting sought to revise § 3050.28(b)(1), Table 1
(3) Loiter means to linger aimlessly in the deadlines of certain quarterly and and Table 2. For Table 1, the Postal
or about a place making purposeless monthly reports, modifying the format Service requested a change of the term
stops in the course of a trip, journey, or of the Monthly Summary Financial ‘‘Operating Revenue’’ to ‘‘Revenue,’’ and
errand. Loitering does not include brief Report, and adding or removing certain to remove a breakdown of types of
stops for sight-seeing, ferry, or tourism reporting requirements. The final rules operating revenue. Id. at 6–8. For Table
purposes. amend several existing sections of 39 2, the Postal Service requested to update
(e) Notification. The Coast Guard will CFR part 3050, and add several the product name for USPS Marketing
rely on the methods described in § 165.7 subsections to § 3050.21. Mail, as the previous format used the
to notify the public of the time and old product name of Standard Mail. Id.
duration of any closure of the RNA. II. Background
at 8.
Reports of violations of this RNA should On December 27, 2017, the Postal Third, the Postal Service requested
go to COTP Sault Sainte Marie at 906– Service requested that the Commission that the Commission remove any
635–3319 or on VHF-Channel 16. initiate a rulemaking proceeding to requirements deemed unnecessary to
(f) Waiver. For any vessel, the COTP consider revisions to the periodic the Commission’s evaluation of
or a designated representative may reporting requirements codified in 39 compliance with title 39. Id. at 9–10.
waive any of the requirements of this CFR part 3050.1 On January 5, 2018, the The Commission considered the
section, upon finding that Commission established this docket and comments it received in response to
circumstances are such that application invited comments and reply comments Order No. 4706 and reviewed its
of this section is unnecessary or regarding the Postal Service’s proposed periodic reporting rules to determine if
impractical for the purposes of safety or revisions.2 The Commission received updates were warranted, and as a result
environmental safety. comments from the Public proposed revisions to the rules.7 The
Dated: September 24, 2018. Representative 3 and the United Parcel revisions incorporated the Postal
J.M. Nunan, Service, Inc. (UPS).4 The Commission Service’s proposal to adjust the filing
Rear Admiral, U.S. Coast Guard, Commander, received reply comments from the date for the RPW, QSR, Billing
Ninth Coast Guard District. Postal Service 5 and the Parcel Shippers Determinants, and Trial Balance
[FR Doc. 2018–21132 Filed 9–28–18; 8:45 am] Association (PSA).6 reports.8
The Postal Service’s petition The proposed rules also changed the
BILLING CODE 9110–04–P
contained three requests. First, the format of the Monthly Summary
Postal Service requested that the Financial Report. In § 3050.28(b)(1),
Commission adjust deadlines for the Table 1, the existing input for
POSTAL REGULATORY COMMISSION
‘‘Operating Revenue’’ remains, but
1 United States Postal Service Petition for
39 CFR Part 3050 component inputs ‘‘Mail and Services
Rulemaking on Periodic Reporting, December 27,
2017 (Petition). Revenue’’ and ‘‘Government
[Docket No. RM2018–2; Order No. 4836]
2 Advance Notice of Proposed Rulemaking to Appropriations’’ were removed. A new
Periodic Reporting Requirements Revise Periodic Reporting Requirements, January 5, heading, ‘‘Revenue,’’ contains an input
2018 (Order No. 4374). The Advance Notice of for ‘‘Operating Revenue,’’ a new input
AGENCY: Postal Regulatory Commission. Proposed Rulemaking to Revise Periodic Reporting
Requirements was published in the Federal for ‘‘Other Revenue,’’ and an input for
ACTION: Final rule. Register on January 11, 2018. See 83 FR 1320 their combined ‘‘Total Revenue.’’ 9
(January 11, 2018).
SUMMARY: The Commission adopts final 3 Public Representative Comments on Advance 7 Notice of Proposed Rulemaking to Revise the
rules revising periodic reporting Notice of Proposed Rulemaking to Revise Periodic Periodic Reporting Requirements, July 12, 2018
requirements codified in our Reporting Requirements, March 7, 2018 (March 7 (Order No. 4706). The Notice of Proposed
regulations. The final rules amend PR Comments). Rulemaking to Revise the Periodic Reporting
4 Comments of United Parcel Service, Inc. on Requirements was published in the Federal
several existing sections of our
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Advance Notice of Proposed Rulemaking to Revise Register on July 18, 2018. See 83 FR 33879 (July
regulations, and add several subsections Periodic Reporting Requirements, March 7, 2018 18, 2018).
to our regulations. (March 7 UPS Comments). 8 See Order No. 4706 at 8–10, part IV.B, proposed
5 Reply Comments of the United States Postal sections 3050.25(c)–(e), 3050.28(c).
DATES: Effective: October 31, 2018.
Service, April 6, 2018 (Postal Service Reply 9 Id. at 10–11, part IV.C. Although Order No. 4706
FOR FURTHER INFORMATION CONTACT: Comments). explained this change, the proposed Table 1
David A. Trissell, General Counsel, at 6 Reply Comments of the Parcel Shippers inadvertently failed to reflect the change, omitting
202–789–6820. Association (PSA), April 6, 2018. the new ‘‘Total Revenue’’ input.

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