NASA Guidance Procedures; Removal
| Published date | 09 August 2021 |
| Citation | 86 FR 43412 |
| Record Number | 2021-16772 |
| Section | Rules and Regulations |
| Court | National Aeronautics And Space Administration |
43412
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations
The Rule
The FAA is amending 14 CFR part 71
by amending the Class E airspace
extending upward from 700 feet above
the surface at County Memorial Airport,
New Madrid, MO, as the Malden
VORTAC has been decommissioned and
all associated airspace extensions of
Class E airspace extending upward from
700 feet above the surface, off the
Malden VORTAC, have been
eliminated. The Class E airspace
extending upward from 700 feet above
the surface is amended by increasing the
radius to 10.3 miles (previously 6.3
miles).
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is minimal. Since this is a
routine matter that only affects air traffic
procedures an air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
■1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1 [Amended]
■2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
* * * * *
ACE MO E5 New Madrid, MO [Amended]
County Memorial Airport, New Madrid, MO
(Lat. 36°32′07″ N, long. 89°35′59″ W)
That airspace extending upward from 700
feet above the surface within a 10.3-mile
radius of the County Memorial Airport.
Issued in College Park, Georgia, on August
2, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2021–16775 Filed 8–6–21; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Part 1204
[Document Number NASA–21–015; Docket
Number–NASA–2021–0003]
RIN 2700–AE62
NASA Guidance Procedures; Removal
AGENCY
: National Aeronautics and
Space Administration.
ACTION
: Final rule.
SUMMARY
: This final rule removes
information about NASA’s processes
and procedures for issuing guidance
documents because requirements to
publish this information were revoked.
DATES
: Effective: August 9, 2021.
FOR FURTHER INFORMATION CONTACT
:
Nanette Smith, Team Lead, NASA
Directives and Regulations
Management, Mission Support
Directorate, (202) 358–0819,
nanette.jennings@nasa.gov.
SUPPLEMENTARY INFORMATION
:
I. Background
Executive Order 13891, Promoting the
Rule of Law Through Improved Agency
Guidance Documents, issued October 9,
2019, required agencies to finalize
regulations to set forth processes and
procedures for issuing guidance
documents. To respond to this action,
NASA issued its Guidance Procedures,
14 CFR part 1204 subpart 3, that
published on March 24, 2020, at 85 FR
16542.
On January 20, 2021, Executive Order
13992, Revocation of Certain Executive
Orders Concerning Federal Regulation,
was issued to revoke several regulatory
policies, including Executive Order
13891. Therefore, NASA is removing 14
CFR part 1204 subpart 3, NASA
Guidance Documents, to comply with
Executive Order 13992.
II. Regulatory Analysis
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. This rule is not a
significant regulatory action under
Executive Order 12866.
Executive Order 13132—Federalism
Executive Order 13132 requires
agencies to ensure meaningful and
timely input by state and local officials
in the development of regulatory
policies that may have a substantial,
direct effect on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. This action has
been analyzed in accordance with the
principles and criteria contained in the
order, and NASA has determined that
this action will not have a substantial
direct effect or federalism implications
on the states and would not preempt
any state law or regulation or affect the
states’ ability to discharge traditional
state governmental functions. Therefore,
consultation with the states is not
necessary.
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43413
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175. NASA has determined that this
removal of Subpart 1204.3 does not
significantly or uniquely affect the
communities of the Indian tribal
governments or impose substantial
direct compliance costs on them, the
funding and consultation requirements
of Executive Order 13175 does not
apply.
Regulatory Flexibility Act
It has been certified that removal of
Subpart 1204.3 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601)
because it does not have a significant
economic impact on a substantial
number of small entities.
Administrative Procedure Act
This final rule responds to Executive
Order 13992 that requires agencies to
remove the CFR regulations that set
forth processes and procedures for
issuing guidance documents. Therefore,
in accordance with 5 U.S.C. 553, the
Administrator of NASA has concluded
that there is good cause to publish this
rule without prior opportunity for
public comment because the action is of
Agency organization, procedure, or
practice. See 5 U.S.C 553(b)(3)(A).
Statutory Authority
Part 1204 is established under the
National Aeronautics and Space Act
(Space Act). In accordance with 51
U.S.C. 20113(a), ‘‘In the performance of
its functions, the Administration is
authorized to make, promulgate, issue,
rescind, and amend rules and
regulations governing the manner of its
operations and the exercise of the
powers vested in it by law.’’
Paperwork Reduction Act
This rule does not contain an
information collection requirement
subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments.
List of Subjects in 14 CFR Part 1204
Administrative practice and
procedure.
Accordingly, 14 CFR part 1204 is
amended as follows:
PART 1204—ADMINISTRATIVE
AUTHORITY AND POLICY
Subpart 3 [Removed and Reserved]
■Under the authority of 51 U.S.C.
20113(a), subpart 3, consisting of
§§ 1204.300 through 1204.313, is
removed and reserved.
Nanette Smith,
Team Lead, NASA Directives and
Regulations.
[FR Doc. 2021–16772 Filed 8–6–21; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0616]
RIN 1625–AA87
Security Zone; Corpus Christi Ship
Channel, Corpus Christi, TX
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing three 500-yard radius
temporary security zones around Motor
Vessel (M/V) ARC ENDURANCE, M/V
LIBERTY PEACE, and M/V OCEAN
FREEDOM. These zones are needed to
protect the vessels, which will be
carrying military cargo onboard, while
they are transiting the Corpus Christi
Ship Channel in Corpus Christi, TX.
Entry of vessels or persons into the
zones are prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a
designated representative.
DATES
: This rule is effective without
actual notice August 9, 2021 through
August 20, 2021. For the purposes of
enforcement, actual notice will be used
from August 2, 2021 until August 9,
2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to http://
www.regulations.gov, type USCG–2021–
0616 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Lieutenant Commander Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus
Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish these
security zones by August 2, 2021 to
ensure security of these vessels and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to provide for the security of
these vessels.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
transit of the M/V ARC ENDURANCE,
M/V LIBERTY PEACE, and M/V OCEAN
FREEDOM when loaded with military
cargo will be a security concern within
a 500-yard radius of the vessels. This
rule is needed to protect the vessels
while they are transiting within Corpus
Christi, TX, from August 2, 2021
through August 20, 2021.
IV. Discussion of the Rule
The Coast Guard is establishing three
500-yard radius temporary security
zones around M/V ARC ENDURANCE,
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