78232 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 

Impact on Small Entities 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601, et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

allows housing counseling agencies to 

continue to operate as they currently do 

during the COVID–19 emergency. 

Therefore, the undersigned certifies that 

this final rule will not have a significant 

impact on a substantial number of small 

entities. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

state and local governments and is not 

required by statute, or the rule preempts 

state law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive order. This 

final rule does not have federalism 

implications and does not impose 

substantial direct compliance costs on 

state and local governments nor 

preempt state law within the meaning of 

the Executive order. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance (CFDA) Program number for 

the Housing Counseling Program is 

14.169. 

List of Subjects in 24 CFR Part 214 

Administrative practice and 

procedure; Loan program-housing and 

community development; Organization 

and functions (government agencies); 

Reporting and recordkeeping 

requirements. 

PART 214—HOUSING COUNSELING 

PROGRAM 

■ Accordingly, for the reasons stated in 

the preamble, the interim rule amending 

24 CFR part 214 that was published at 

85 FR 47300 (August 5, 2020) is adopted 

without change. 

Dana T. Wade, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2020–26194 Filed 12–3–20; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2020–0540] 

RIN 1625–AA00 

Safety Zone; Oakland Ship-to-Shore 

Crane Arrival, San Francisco Bay, 

Oakland, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San 

Francisco Bay during the transit of the 

M/V ZHEN HUA 35, scheduled to arrive 

between December 6, 2020 and 

December 20, 2020. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from heavy 

equipment which will be extending 

more than 200 feet over the water from 

the vessel. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port San Francisco or 

a designated representative. 

DATES: This rule is effective from 12:01 

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

p.m. on December 20, 2020, or as 

announced via Broadcast Notice to 

Mariners. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0540 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 LT Jennae Cotton, Waterways 

Management, U.S. Coast Guard; 

telephone (415) 399–3585, email 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port San Francisco 

DHS Department of Homeland Security 

§ 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 with 

respect to this rule because it is 

impracticable. The Coast Guard did not 

receive final details for this event until 

November 20, 2020. The Coast Guard 

must establish this safety zone by 

December 6, 2020 and lacks sufficient 

time to provide a reasonable comment 

period and 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. It is contrary to the public 

interest to delay the effective date of this 

rule because we need to have the safety 

zone in place to protect vessels and 

persons from the dangers associated 

with the crane arms extending over the 

water from the M/V ZHEN HUA 35 

between December 6, 2020 and 

December 20, 2020 while the vessel is 

shoreward of the line drawn between 

San Francisco Main Ship Channel 

Lighted Bell Buoy 7 and San Francisco 

Main Ship Channel Lighted Whistle 

Buoy 8 until the vessel arrives at Berth 

57 in Oakland, CA. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port San Francisco has 

determined that potential hazards 

associated with the transit of the M/V 

ZHEN HUA 35 between December 6, 

2020 and December 20, 2020, will be a 

safety concern for anyone within a 500- 

foot radius of the vessel during its 

transit to Oakland, Berth 57, while the 

vessel is within the San Francisco Bay 

and areas shoreward of the 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 and 

37°46.5′ N, 122°35.2′ W, respectively. 

For this reason, a safety zone is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters around the M/V ZHEN HUA 35 

during its transit to Berth 57 at the 

Oakland International Container 

Terminal in Oakland, CA. 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 78233 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 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. While the M/V ZHEN 

HUA 35 is within the San Francisco Bay 

and areas shoreward of the 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 and 

37°46.5′ N, 122°35.2′ W, respectively, 

the safety zone will encompass the 

navigable waters around and under the 

vessel, from surface to bottom, within a 

circle formed by connecting all points 

500 feet out from the vessel. The safety 

zone is needed to protect personnel, 

mariners, and vessels from hazards 

associated with ship-to-shore crane 

arms which will extend more than 200 

feet out from the transiting vessel. This 

loading configuration is necessary in 

order for the vessel to pass safely under 

the Golden Gate Bridge and the San 

Francisco-Oakland Bay Bridge. 

The M/V ZHEN HUA 35 will make a 

temporary stop in Anchorage 9 during 

its transit to the Oakland International 

Container Terminal. The vessel will 

stop temporarily for the crew to make 

adjustments to the cargo so the vessel 

can safely moor at Berth 57 in Oakland, 

CA. The cargo adjustments will include 

raising three ship-to-shore crane arms to 

an upright position which will facilitate 

mooring. 

The effect of the safety zone is to 

restrict navigation in the vicinity of the 

M/V ZHEN HUA 35. Except for persons 

or vessels authorized by the COTP or 

the COTP’s designated representative, 

no person or vessel may enter or remain 

in the restricted area. ‘‘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. This 

regulation is needed to keep vessels 

away from the immediate vicinity of the 

M/V ZHEN HUA 35 to ensure the safety 

of mariners and transiting vessels. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the limited duration and 

narrowly tailored geographic area of the 

safety zone. This safety zone impacts a 

500-foot-radius area of the San 

Francisco Bay in San Francisco, CA for 

a limited duration. While the safety 

zone encompasses a two week period to 

account for uncertain transit delays of 

the M/V ZHEN HUA 35, the safety zone 

will only be enforced for the duration of 

the vessel’s inbound transit, which is 

expected to last less than 24 hours. 

Vessels desiring to transit through the 

safety zone may do so upon express 

permission from the COTP or the 

COTP’s designated representative. 

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 safety zone 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 

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