Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX

• Published date: 09 August 2021
• Citation: 86 FR 43413
• Record Number: 2021-16738
• Section: Rules and Regulations
• Court: Coast Guard,Homeland Security Department

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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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations

M/V LIBERTY PEACE, and M/V OCEAN

FREEDOM. The zones for the vessels

will be enforced from the time the first

vessel arrives on August 2, 2021, until

the last vessel arrives Corpus Christi

Ship Channel on August 14, 2021. The

duration of the zones is intended to

protect the vessels and military cargo on

board while the vessels are in transit.

No vessel or person will be permitted to

enter the security zones without

obtaining permission from the COTP or

a designated representative.

Entry into these security zones are

prohibited unless authorized by the

COTP or a designated representative. A

designated representative is a

commissioned, warrant, or petty officer

of the U.S. Coast Guard assigned to

units under the operational control of

USCG Sector Corpus Christi. Persons or

vessels desiring to enter or pass through

these zones must request permission

from the COTP or a designated

representative on VHF–FM channel 16

or by telephone at 361–939–0450. If

permission is granted, all persons and

vessels shall comply with the

instructions of the COTP or designated

representative. The COTP or a

designated representative will inform

the public through Broadcast Notices to

Mariners (BNMs), Local Notices to

Mariners (LNMs), and/or Marine Safety

Information Bulletins (MSIBs) as

appropriate of the enforcement times

and dates for these security zones.

V. Regulatory Analyses

We developed this rule after

considering numerous statutes and

Executive orders related to rulemaking.

Below we summarize our analyses

based on a number of these statutes and

Executive orders, and we discuss First

Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563

direct agencies to assess the costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits.

This rule has not been designated a

‘‘significant regulatory action,’’ under

Executive Order 12866. Accordingly,

this rule has not been reviewed by the

Office of Management and Budget

(OMB).

This regulatory action determination

is based on the size, duration, and

location of the security zones. This rule

will impact a small designated area of

the Corpus Christi Ship Channel during

the vessels’ transits while loaded with

cargo over a nineteen-day period.

Moreover, the Coast Guard will issue

BNMs via VHF–FM marine channel 16

about the zones as appropriate and the

rule allows vessels to seek permission to

enter the zones.

B. Impact on Small Entities

The Regulatory Flexibility Act of

1980, 5 U.S.C. 601–612, as amended,

requires Federal agencies to consider

the potential impact of regulations on

small entities during rulemaking. The

term ‘‘small entities’’ comprises small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

The Coast Guard certifies under 5 U.S.C.

605(b) that this rule will not have a

significant economic impact on a

substantial number of small entities.

While some owners or operators of

vessels intending to transit the

temporary security zones may be small

entities, for the reasons stated in section

V.A above, this rule will not have a

significant economic impact on any

vessel owner or operator.

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this rule. If the rule

would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the person

listed in the

FOR FURTHER INFORMATION

CONTACT

section.

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call

1–888–REG–FAIR (1–888–734–3247).

The Coast Guard will not retaliate

against small entities that question or

complain about this rule or any policy

or action of the Coast Guard.

C. Collection of Information

This rule will not call for a new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

D. Federalism and Indian Tribal

Governments

A rule has implications for federalism

under Executive Order 13132,

Federalism, if it has 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. We have

analyzed this rule under that Order and

have determined that it is consistent

with the fundamental federalism

principles and preemption requirements

described in Executive Order 13132.

Also, this rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a substantial

direct effect on one or more Indian

tribes, on the relationship between the

Federal Government and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes. If you

believe this rule has implications for

federalism or Indian tribes, please

contact the person listed in the

FOR

FURTHER INFORMATION CONTACT

section

above.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or

more in any one year. Though this rule

will not result in such an expenditure,

we do discuss the effects of this rule

elsewhere in this preamble.

F. Environment

We have analyzed this rule under

Department of Homeland Security

Directive 023–01 and Environmental

Planning COMDTINST 5090.1 (series),

which guide the Coast Guard in

complying with the National

Environmental Policy Act of 1969 (42

U.S.C. 4321–4370f), and have

determined that this action is one of a

category of actions that do not

individually or cumulatively have a

significant effect on the human

environment. This rule involves

security zones lasting for the duration of

time that the M/V ARC ENDURANCE,

M/V LIBERTY PEACE, and M/V OCEAN

FREEDOM are within the Corpus Christi

Ship Channel. It will prohibit entry

within a 500 yard radius of the M/V

ARC ENDURANCE, M/V LIBERTY

PEACE, and M/V OCEAN FREEDOM

while the vessels are transiting within

the Corpus Christi Ship Channel. It is

categorically excluded from further

review under paragraph L60 in

Appendix A, Table 1 of DHS Instruction

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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations

Manual 023–01–001–01, Rev. 1. A

Record of Environmental Consideration

supporting this determination is

available in the docket where indicated

under

ADDRESSES

.

G. Protest Activities

The Coast Guard respects the First

Amendment rights of protesters.

Protesters are asked to contact the

person listed in the

FOR FURTHER

INFORMATION CONTACT

section to

coordinate protest activities so that your

message can be received without

jeopardizing the safety or security of

people, places or vessels.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

■1. The authority citation for part 165

continues to read as follows:

Authority: 46 U.S.C 70034, 70051; 33 CFR

1.05–1, 6.04–1, 6.04–6, and 160.5;

Department of Homeland Security Delegation

No. 00170.1.

■2. Revision No. 01.2.2. Add

§ 165.T08–0616 to read as follows:

§ 165.T08–0616 Security Zone; Corpus

Christi Ship Channel. Corpus Christi, TX.

(a) Location. The following areas are

a security zone: All navigable waters

encompassing a 500-yard radius around

Motor Vessel (M/V) ARC ENDURANCE,

M/V LIBERTY PEACE, and M/V OCEAN

FREEDOM while the vessels are in the

Corpus Christi Ship Channel.

(b) Effective period. This section is

from August 2, 2021 through August 20,

2021.

(c) Regulations. (1) The general

regulations in § 165.33 of this part

apply. Entry into the zones is prohibited

unless authorized by the Captain of the

Port Sector Corpus Christi (COTP) or a

designated representative. A designated

representative is a commissioned,

warrant, or petty officer of the U.S.

Coast Guard assigned to units under the

operational control of USCG Sector

Corpus Christi.

(2) Persons or vessels desiring to enter

or pass through the zones must request

permission from the COTP Sector

Corpus Christi on VHF–FM channel 16

or by telephone at 361–939–0450.

(3) If permission is granted, all

persons and vessels shall comply with

the instructions of the COTP or

designated representative.

(d) Information broadcasts. The COTP

or a designated representative will

inform the public through Broadcast

Notices to Mariners (BNMs), Local

Notices to Mariners (LNMs), and/or

Marine Safety Information Bulletins

(MSIBs) as appropriate of the

enforcement times and dates for these

security zones.

Dated: July 31, 2021.

H.C. Govertsen,

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

Port Corpus Christi.

[FR Doc. 2021–16738 Filed 8–6–21; 8:45 am]

BILLING CODE 9110–04–P

POSTAL SERVICE

39 CFR Part 111

New Mailing Standards for Domestic

Mailing Services Products

AGENCY

: Postal Service

TM

.

ACTION

: Final rule.

SUMMARY

: On May 28, 2021, the Postal

Service (USPS

®

) filed a notice of

mailing services price adjustments with

the Postal Regulatory Commission

(PRC), effective August 29, 2021. On

June 23, 2021 USPS further filed a

notice to change the maximum size

limitation for presorted First-Class Mail

postcards. This final rule contains the

revisions to Mailing Standards of the

United States Postal Service, Domestic

Mail Manual (DMM

®

) to implement the

changes coincident with the price

adjustments and postcard size limitation

changes.

DATES

: Effective August 29, 2021.

FOR FURTHER INFORMATION CONTACT

:

Jacqueline Erwin at (202) 268–2158 or

Dale Kennedy at (202) 268–6592.

SUPPLEMENTARY INFORMATION

: On July

19, 2021, the PRC favorably reviewed

the price adjustments proposed by the

Postal Service. On July 28, 2021, the

PRC favorably reviewed the presorted

postcard maximum size limitations

proposed by the Postal Service. The

price adjustments, presorted postcard

maximum limitations and DMM

revisions are scheduled to become

effective on August 29, 2021. Final

prices are available under Docket No.

R2021–2 (Order No. 5937), and

presorted postcard maximum size

limitations are available under Docket

No. MC2021–104 (Order No. 5946) on

the Postal Regulatory Commission’s

website at www.prc.gov.

Direct Pallet Discount for Marketing

Mail High Density Flats

The Postal Service is offering

additional discounts to move additional

USPS Marketing Mail High Density flats

to direct pallets. Flat shaped pieces on

direct pallets are operationally

desirable, as pallets can be directly cross

docked to the Destination Delivery

Units (DDUs). The pallets will consist of

Carrier Route and finer sorted bundles

such as High Density, High Density

Plus, and Saturation. The nature of their

make-up allows the Postal Service to

avoid moving these pallets to bundle

sorters within the plant, sorting the

bundles, and moving these bundles back

to the dock to be transported to the

DDU.

First-Class Mail Nonautomation Letters

Change

The Postal Service is offering two

prices for nonautomation machinable

letters, AADC and Mixed AADC; and

three prices for nonautomation

nonmachinable letters, 5-digit, 3-digit,

and Mixed ADC. This structural change

will reduce revenue at risk and better

align prices for customers mailing

nonautomation letters, machinable and

nonmachinable. This change will also

eliminate the nonmachinable surcharge

applicable to nonautomation presort

letters.

First-Class Mail Commercial Larger

Postcard

The Postal Service is offering to

increase the maximum dimensions for

commercial postcards, from 4–1/4

inches by 6 inches to 6 inches by 9

inches.

Comments on Proposed Changes and

USPS Responses

The Postal Service received two

formal comments on the June 3, 2021

proposed rule.

Customer Comment

One comment expressed concerns

around the lack of clarity surrounding

future price increase from a timing and

scale perspective.

USPS Response

In its notice of mailing services price

adjustments with the PRC, the Postal

Service explained that the Governors

determined to shift from the Postal

Service’s previous January

implementation schedule for annual

price increases to an August timeline for

2021 in light of the recent adoption of

the PRC’s amendments to the

ratemaking system and the urgent need

to begin addressing the Postal Service’s

financial challenges through

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