78234 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 

$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 U.S. Coast Guard 

Environmental Planning Policy, 

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 a safety 

zone which prevents entry to a 500-foot 

radius area of the San Francisco Bay for 

a limited period of time during a 

vessel’s inbound transit. It is 

categorically excluded from further 

review under paragraph L60(a) in Table 

3–1 of Department of Homeland 

Security Directive 023–01. 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. 0170.1. 

■ 2. Add § 165.T11–035 to read as 

follows: 

§ 165.T11–035 Safety Zone; Oakland Shipto-Shore Crane Arrival, San Francisco Bay, 

Oakland, CA 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 500 feet out from 

the vessel, M/V ZHEN HUA 35, during 

the vessel’s inbound transit from a line 

drawn between San Francisco Main 

Ship Channel Lighted Bell Buoy 7 and 

San Francisco Main Ship Channel 

Lighted Whistle Buoy 8 (LLNR 4190 & 

4195) in positions 37°46.9′ N, 122°35.4′ 

W (NAD 83) and 37°46.5′ N, 122°35.2′ 

W (NAD 83), respectively, to Berth 57 at 

the Oakland International Container 

Terminal in Oakland, CA. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart B of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced between 12:01 a.m. on 

December 6, 2020 until 11:59 p.m. on 

December 20, 2020 during the inbound 

transit of the M/V ZHEN HUA 35, or as 

announced via Broadcast Notice to 

Mariners. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Howard H. Wright, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port, San Francisco. 

[FR Doc. 2020–26686 Filed 12–3–20; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 501 

Authorization To Manufacture and 

Distribute Postage Evidencing 

Systems 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Postal 

Service withdraws all authorizations to 

distribute (decertifies) Postage 

Evidencing Systems (PES) that are not 

producing compliant Intelligent Mail 

Indicia (IMI) on June 30, 2024. IMI 

compliant PES are defined in the IMI 

Performance Criteria (IMI–PC) and 

produce only IMI-Minimum (IMI–MIN), 

IMI-Standard (IMI–STD), and IMIMaximum (IMI–MAX) indicia 

constructs (as stated in the IMI–PC). All 

PES that are not IMI–PC compliant, also 

referenced as Phase VI–IBI and Phase 

VII–PC Postage (collectively Phase VI 

and Phase VII PES), will become 

decertified Postage Evidencing Systems 

on June 30, 2024. The decertified 

Postage Evidencing Systems must be 

withdrawn from service by December 

31, 2024. As of December 31, 2024, the 

decertified PES must be marked inactive 

in the USPS PES management systems, 

including in the National Meter 

Accounting and Tracking System 

(NMATS). Postage indicia printed by 

Decertified PES will no longer be 

considered valid postage for use or 

refunds after June 30, 2025. 

DATES: This final rule is effective 

December 4, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Ezana Dessie, Principal Business 

Systems Analyst, Ezana.Dessie@

usps.gov, (202) 268–5686. 

SUPPLEMENTARY INFORMATION: In 

response to a notice of proposed 

rulemaking (85 FR 30671, May 20, 2020) 

to decertify and withdraw all nonIntelligent Mail Indicia (IMI) compliant 

Postage Evidencing Systems (PES) by 

June 30, 2024, the Postal Service 

received industry comments and 

feedback. The comments and feedback 

can be grouped into three areas: (I) 

Requests for an extension on the 

proposed dates for both the withdrawal 

of Decertified PES and the 

decertification of non IMI-postage 

indicia; (II) provision of more specificity 

on IMI–PC compliance and clarification 

on several items related to the 

decertification; and (III) additional 

clarification on the support the Postal 

Service will provide to the PES 

providers on the PES migration (from 

Information Based Indicia Program 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 78235 

(IBIP) to IMI–PC). We will address all 

three areas in turn below. 

I. Requests for an extension on the 

proposed dates for both the withdrawal 

of Decertified PES and the 

decertification of non-IMI postage 

indicia. 

The Postal Service has taken into 

consideration the concerns of the 

industry and is extending the dates for 

withdrawal of decertified PES and 

decertified indicia. The new withdrawal 

date will be December 31, 2024; the last 

date non-IMI indicia will be accepted 

for use as postage or for refunds will be 

June 30, 2025. Some commenters argued 

that changes to the IMI–PC before June 

30, 2024 should extend the 

decertification date. The Postal Service 

will strive to minimize the number of 

changes it requires, but some changes 

will be inevitable and will not extend 

the timeline. 

II. Provision of more specificity on 

IMI–PC compliance and clarification on 

several items related to the 

decertification. 

Like any other institution, the Postal 

Service needs accurate, complete, and 

timely data to operate effectively; the 

IMI–PC supports these key business 

objectives for the Postal Service. The 

IMI–PC requires the PES providers to 

submit more detailed transaction data, 

with increased transparency and 

frequency; it also employs higher 

security specifications which address 

the rising security threats and 

challenges. IMI–PC enables the USPS to 

provide more detailed corporate 

reporting, more accurately price 

shipping/mailing products, attain 

operational efficiency by automating 

many functions (including postage 

refunds), improve the USPS Federal 

Regulatory compliance, and better 

secure Postal Service and customer data. 

Finally, the IMI–PC provides the USPS 

a better platform to bring improvements 

and updates to the USPS PES related 

products and services. 

Phase VI and Phase VII PES no longer 

meet the USPS PES requirements 

adequately. Commercial Payment has 

shared with each provider a list of Phase 

VI and Phase VII PES that are not IMI– 

PC compliant. A PES is IMI–PC 

compliant when conforming to IMI–PC 

specifications and all other current PES 

related guidelines, regulations, and 

technical requirements; this includes 

the rules and regulations in the 

Domestic Mail Manual, International 

Mail Manual, Publication 199, Notice 

123, Code of Federal Regulations, and 

having a Postal Security Device (PSD) 

that has a valid Federal Information 

Processing Standards (FIPS) certificate 

at the time of authorization. The 

decertification and withdrawal of the 

Phase VI and Phase VII PES will allow 

for the full implementation of Phase 

VIII–IMI PES, in which both PC Postage 

and physical PES are validated under 

the current edition of the IMI–PC. 

In keeping with the June 30, 2024 

decertification date and the December 

31, 2024 withdrawal date, the providers 

must stop leasing non-IMI–PC 

compliant PES for lengths extending 

beyond the withdrawal date. Postage 

indicia printed by Decertified PES will 

not be considered valid postage after 

June 30, 2025; also, refund requests for 

all unused postage indicia need to be 

completed before this date. As the 

withdrawal date for PES approaches, the 

providers must coordinate with 

Commercial Payment (or its successor) 

to invalidate and remove the non-IMI– 

PC compliant PES from USPS PES 

product-service-line, in accordance with 

IMI–PC PES withdrawal guidelines. 

In rare and select cases, for unique 

service/business reasons that the Postal 

Service deems appropriate, PES 

providers may request a waiver to 

operate non-IMI–PC compliant PES 

beyond the December 31, 2024 

withdrawal date. The waiver request 

form can be obtained from Commercial 

Payment. Any waiver granted will be in 

writing from Commercial Payment, or 

its successor. 

III. Additional clarification on the 

support the Postal Service will provide 

to the PES providers on the PES 

migration (from Information Based 

Indicia Program (IBIP) to IMI–PC). 

The updated withdrawal date 

(December 31, 2024) is based on the 

feedback and comments from the PES 

industry, the impact of the COVID–19 

pandemic on the mailing and shipping 

industry, current market needs, and the 

USPS long-term PES product support/ 

management strategies. The USPS 

believes the updated withdrawal date 

allows the PES providers to execute the 

decertification and withdrawal process 

and complete the IBIP to IMI–PC 

transition with minimal impact to our 

customers. The USPS is committed to 

supporting the providers in the 

decertification and withdrawal process 

to minimize the impact of the transition 

to our PES customers. To this end, the 

USPS will provide the providers with 

three support tools for communication 

with their end customers: (1) A 

publication on the importance/value of 

IMI–PC for USPS (this will be available 

on PostalPro for the providers to utilize 

for their customer communications); (2) 

a license agreement for use of an IMI 

logo and wordmark to support the 

providers’ PES transition and IMI PES 

marketing work; and (3) USPS-led 

customer outreach in collaboration with 

the providers, when the Postal Service 

deems it necessary. 

List of Subjects in 39 CFR Part 501 

Administrative practice and 

procedure, Postal Service. 

For the reasons stated in the 

preamble, the Postal Service amends 39 

CFR part 501 as follows: 

PART 501—[AMENDED] 

■ 1. The authority citation for part 501 

continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 410, 2601, 2605; Inspector 

General Act of 1978, as amended (Pub. L. 95– 

452, as amended); 5 U.S.C. App. 3. 

■ 2. Amend § 501.7 by revising 

paragraph (c) introductory text to read 

as follows: 

§ 501.7 Postage Evidencing System 

requirements. 

* * * * * 

(c) The provider must ensure that any 

matter printed by a Postage Evidencing 

System, whether within the boundaries 

of the indicia or outside the clear zone 

as defined in DMM 604.4.0 and the 

Intelligent Mail Indicia Performance 

Criteria (IMI–PC), is: 

* * * * * 

■ 3. Amend § 501.17 by adding 

paragraph (f) to read as follows: 

§ 501.17 Decertified Postage Evidencing 

Systems. 

* * * * * 

(f) Postage Evidencing Systems that 

do not comply with the then current 

Intelligent Mail Indicia Performance 

Criteria will be Decertified Postage 

Evidencing Systems on June 30, 2024. 

The withdrawal date for those systems 

will be December 31, 2024. 

■ 4. Amend § 501.20 by revising 

paragraph (b) to read as follows: 

§ 501.20 Discontinued Postage Evidencing 

Indicia. 

* * * * * 

(b) Effective December 31, 2024 all 

Postage Evidencing Systems that do not 

to produce Intelligent Mail Indicia (IMI) 

for evidence of pre-paid postage must be 

withdrawn from service. Non-IMI 

indicia, which are not compliant with 

the then-current version of the IMI–PC, 

will be decertified and may not be used 

as a valid form of postage evidence. 

These decertified indicia may not be 

78236 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 

recognized as valid postage for use or 

refunds, after June 20, 2025. 

Ruth Stevenson, 

Attorney, Federal Compliance. 

[FR Doc. 2020–26129 Filed 12–3–20; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 170 

RIN 0955–AA02 

Information Blocking and the ONC 

Health IT Certification Program: 

Extension of Compliance Dates and 

Timeframes in Response to the 

COVID–19 Public Health Emergency; 

Correction 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology (ONC), Department of 

Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

typographical errors found in the 

interim final rule entitled ‘‘Information 

Blocking and the ONC Health IT 

Certification Program: Extension of 

Compliance Dates and Timeframes in 

Response to the COVID–19 Public 

Health Emergency’’ that was published 

in the Federal Register on November 4, 

2020. 

DATES: The corrections in this document 

are effective on December 4, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Michael Lipinski, Office of Policy, 

National Coordinator for Health 

Information Technology, 202–690–7151. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This document corrects typographical 

errors found in the interim final rule 

entitled ‘‘Information Blocking and the 

ONC Health IT Certification Program: 

Extension of Compliance Dates and 

Timeframes in Response to the COVID– 

19 Public Health Emergency,’’ (Federal 

Register document 2020–24376) (85 FR 

70064), that was published in the 

Federal Register on November 4, 2020. 

We summarize and correct these errors 

in the ‘‘Summary of Errors’’ and 

‘‘Corrections of Errors’’ sections below. 

II. Summary of Errors 

A. Standardized API for Patient and 

Population Services 

As discussed in the preamble of the 

interim final rule, page 70077, second 

column, top of page, we stated that we 

added a new paragraph at 

§ 170.315(g)(10)(v)(A)(1)(iii). However, 

in the amendatory instruction for the 

regulation text, we inadvertently added 

the wrong citation. In amendatory 

instruction 11.b., on page 70083, the 

words ‘‘Adding paragraph 

(g)(10)(iv)(A)(1)(iii)’’ should have read 

‘‘Adding paragraph (g)(10)(v)(A)(1)(iii).’’ 

We are correcting the error by including 

the correct citation in this document. 

B. Real World Testing 

In the interim final rule, on page 

70076, second column, top half of the 

page, we corrected the real world testing 

regulation text in § 170.405(b)(3) by 

removing the words ‘‘for C–CDA’’ from 

the heading of the paragraph (85 FR 

70076). In § 170.405, we also extended 

the compliance dates for updating 

certain criteria until December 31, 2022 

(85 FR 70072). However, in amendatory 

instruction 16.a., on page 70084, we 

inadvertently only included the 

instruction for ‘‘(b)(3) introductory 

text,’’. Because the revisions are being 

made to both the heading of 

§ 170.405(b)(3) and the compliance date 

in § 170.405(b)(3)(ii), we are correcting 

the error in the amendatory instruction 

by adding ‘‘(b)(3)(ii),’’ after the phrase 

‘‘(b)(3) introductory text,’’. 

III. Waiver of Proposed Rulemaking, 

Comment Period, and Delay in Effective 

Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rulemaking in 

the Federal Register before the 

provisions of a rule take effect. In 

addition, section 553(d) of the APA 

mandates a 30-day delay in effective 

date after issuance or publication of a 

rule. Sections 553(b)(B) and 553(d)(3) of 

the APA provide for exceptions from the 

notice and comment and delay in 

effective date requirements. Section 

553(b)(B) of the APA authorizes an 

agency to dispense with normal 

rulemaking requirements for good cause 

if the agency makes a finding that the 

notice and comment process are 

impracticable, unnecessary, or contrary 

to the public interest. In addition, 

section 553(d)(3) of the APA allows the 

agency to avoid the 30-day delay in 

effective date where such delay is 

contrary to the public interest and an 

agency includes a statement of support. 

We believe this correcting document 

does not constitute a rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This document corrects typographical 

errors in regulation text of the interim 

final rule, but does not make substantive 

changes to the policies that were 

adopted in the interim final rule. As a 

result, this correcting document is 

intended to ensure that the information 

in the interim final rule accurately 

reflects the policies adopted in that final 

rule. 

In addition, even if this were a rule to 

which the notice and comment 

procedures and delayed effective date 

requirements applied, we find that there 

is good cause to waive such procedures 

and requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the interim final rule or 

delaying the effective date would be 

contrary to the public interest because 

they are obvious typographical errors 

that are being corrected. Furthermore, 

such procedures would be unnecessary, 

as we are not making substantive 

changes to our methodologies or 

policies, but rather, we are simply 

implementing correctly the policies that 

we previously proposed, requested 

comment on, and subsequently 

finalized. This correcting document is 

intended solely to ensure that the ONC 

Cures Act Final Rule and the interim 

final rule accurately reflect these 

policies. Therefore, we believe we have 

good cause to waive the notice and 

comment and effective date 

requirements. 

IV. Corrections of Errors 

In FR Doc 2020–24376 appearing on 

page 70064 in the Federal Register of 

Wednesday, November 4, 2020, for the 

reasons stated above, the Office of the 

Secretary corrects the following: 

§ 170.315 [Corrected] 

■ 1. On page 70083, in the first column, 

the text of amendatory instruction 11 is 

corrected to read as follows: 

■ 11. Amend § 170.315 by: 

■ a. Revising paragraphs (b)(1)(iii)(A)(2), 

(b)(2)(i), (b)(2)(iii)(D) introductory text, 

(b)(2)(iv), (b)(3)(ii)(B)(2), (b)(7)(ii), 

(b)(8)(i)(B), (b)(9)(ii), (c)(3), (d)(13)(ii), 

(e)(1)(i)(A)(2), (f)(5)(iii)(B)(1) and (2), 

(g)(6)(i)(B), (g)(9)(i)(A)(2), 

(g)(10)(v)(A)(1)(ii), and 

(g)(10)(v)(A)(2)(ii); and 

■ b. Adding paragraph 

(g)(10)(v)(A)(1)(iii). 

The revisions and addition read as 

follows: 

§ 170.405 [Corrected] 

■ 2. On page 70084, in the second 

column, the text of amendatory 

instruction 16 is corrected to read as 

follows: 

■ 16. Amend § 170.405 by: