83448 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 

which the refund was made, requesting 

from the financial institution such 

information as is necessary to identify 

whether the financial institution 

received the refund; whether the 

financial institution returned, or will 

return, the refund to the IRS, or if no 

funds are available for return; whether 

a deposit was made into the account 

designated on the claim for refund; and 

the identity of the deposit account 

owner to whom the deposit was 

disbursed. 

(ii) Coordination to recover the 

amounts transferred. Recovery of the 

misdirected direct deposit refund from 

a financial institution shall follow the 

procedures established by the Bureau of 

the Fiscal Service. The Bureau of the 

Fiscal Service shall request the return of 

the misdirected direct deposit refund 

from the financial institution that 

received it. The IRS may contact the 

financial institution directly to recover 

the misdirected direct deposit refund. 

(4) Issuance of replacement refund. 

When the IRS has determined that a 

misdirected direct deposit refund has 

occurred, the IRS will issue a 

replacement refund in the full amount 

of the refund that was misdirected. The 

replacement refund may be issued as a 

direct deposit or as a paper check sent 

to the taxpayer’s last known address. 

(5) Applicability of this paragraph (g) 

to missing refunds. The provisions of 

paragraphs (g)(2) through (g)(3)(i) of this 

section should be used for any refund 

that was disbursed as a direct deposit 

and that the taxpayer reports as missing. 

For example, although a refund that was 

deposited into an incorrect bank 

account because the taxpayer 

transposed two digits in their bank 

account number is not considered to be 

a misdirected direct deposit refund, the 

provisions of paragraphs (g)(2) through 

(g)(3)(i) of this section should be used. 

If the application of these procedures 

results in an amount recovered by the 

IRS, the recovered amount will be 

refunded or credited as allowed by law. 

(h) Applicability dates. * * * 

Paragraph (g) of this section applies to 

reports described in paragraph (g)(2)(ii) 

of this section made after December 22, 

2020. 

Sunita Lough, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: December 8, 2020. 

David J. Kautter, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2020–28167 Filed 12–18–20; 4:15 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0716] 

RIN 1625–AA00 

Safety Zone; Pipeline Testing; Tampa 

Bay, Gibsonton, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters in the navigable waters of 

Tampa Bay, Gibsonton, FL. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by 

pipeline pressure testing in the area. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port St. 

Petersburg. 

DATES: This rule is effective from 12:01 

a.m. on January 1, 2021, through 7:00 

a.m. on January 4, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0716 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 Marine Science Technician First 

Class Michael D. Shackleford, Sector St. 

Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Michael.D.Shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 

would be impracticable. The Coast 

Guard was unable to publish an NPRM 

and hold a comment period for this 

rulemaking due to the short time period 

the Captain of the Port St. Petersburg 

(COTP) was notified of the need for the 

safety zone. It is necessary for the Coast 

Guard to establish this safety zone by 

January 1, 2021, in order to ensure the 

appropriate level of protection exists in 

order to mitigate the potential safety 

hazards associated with pipeline 

pressure testing in the event of an 

explosion. 

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 for the same reasons stated in 

the preceding paragraph. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

COTP has determined that potential 

hazards associated with pipeline 

pressure testing starting January 1, 2021 

will be a safety concern for anyone 

within this safety zone in the event of 

an explosion. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

testing is occuring. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 12:00 a.m. on January 1, 2021, 

until 7:00 a.m. on January 4, 2021. The 

safety zone will cover all navigable 

waters of Tampa Bay, east of a line 

formed by connecting the points of 

27°48′9′′ N, 082°24′56′′ W and 27°48′0′′ 

N, 082°24′56′′ W. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while pipeline 

pressure testing is occuring. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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. 


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Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83449 

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 size, location, duration, 

and time-of-day of the safety zone. This 

area of Tampa Bay is not in a critical 

navigation area. 

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 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 call or email 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. 

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, Rev. 1, associated 

implementing instructions, 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 a safety 

zone lasting approximately 4 days that 

will prohibit entry to all navigable 

waters of Tampa Bay, east of a line 

formed by connecting the points of 

27°48′9′′ N, 082°24′56′′ W and 27°48′0′′ 

N, 082°24′56′′ W. It is categorically 

excluded from further review under 

paragraph L60 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Memorandum for 

Record supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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—SAFETY ZONE; PIPELINE 

TESTING; TAMPA BAY, GIBSONTON, 

FL 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034; 46 U.S.C. 

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.T07–0716 to read as 

follows: 

§ 165.T07–0716 Safety Zone; Pipeline 

Testing; Tampa Bay, Gibsonton, FL. 

(a) Location. The following regulated 

area is a safety zone: All navigable 

waters of Tampa Bay, east of a line 

formed by connecting the points of 

27°48′9′′ N, 082°24′56′′ W and 27°48′0′′ 

N, 082°24′56′′ W in the vicinity of 

Gibsonton, Florida. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 


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83450 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 

Captain of the Port St. Petersburg in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port St. Petersburg or a designated 

representative. 

(2) Designated representatives may 

control vessel traffic throughout the 

enforcement area as determined by the 

prevailing conditions. 

(3) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the 

Captain of the Port St. Petersburg by 

telephone at (727) 824–7506, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port St. 

Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. 

(d) Enforcement period. This rule will 

be enforced daily from 12:01 a.m. on 

January 1, 2021, through 7:00 a.m. on 

January 4, 2021. 

Dated: December 16, 2020. 

Matthew A. Thompson, 

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

Port St. Petersburg. 

[FR Doc. 2020–28161 Filed 12–21–20; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 20 

International Mailing Services: Mailing 

Services Product and Price Changes 

AGENCY: Postal ServiceTM. 

ACTION: Final action. 

SUMMARY: On October 15, 2020, the 

Postal Service published proposed 

product and price changes to reflect a 

notice of price adjustments filed with 

the Postal Regulatory Commission 

(PRC). The PRC found that price 

adjustments contained in the Postal 

Service’s notification may go into effect 

on January 24, 2021. The Postal Service 

will revise Notice 123, Price List to 

reflect the new prices. 

DATES: The revisions to Notice 123, 

Price List, are effective January 24, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Frigo at 202–268–4178. 

SUPPLEMENTARY INFORMATION: 

I. Proposed Rule and Response 

On October 9, 2020, the Postal Service 

filed a notice with the PRC in Docket 

Number R2021–1 of mailing services 

price adjustments to be effective on 

January 24, 2021. On October 15, 2020, 

USPS® published a notification of 

proposed product and price changes in 

the Federal Register entitled 

‘‘International Mailing Services: 

Proposed Product and Price Changes— 

CPI’’ (85 FR 65310). The notification 

included price changes that the Postal 

Service would adopt for products and 

services covered by Mailing Standards 

of the United States Postal Service, 

International Mail Manual (IMM®) and 

publish in Notice 123, Price List, on 

Postal Explorer® at pe.usps.com. The 

Postal Service received no comments. 

II. Decision of the Postal Regulatory 

Commission 

As stated in the PRC’s Order No. 

5757, issued on November 18, 2020, in 

PRC Docket No. R2021–1, the PRC 

found that the prices in the Postal 

Service’s notification may go into effect 

on January 24, 2021. The new prices 

will accordingly be posted in Notice 

123, Price List on Postal Explorer at 

pe.usps.com. 

Joshua J. Hofer, 

Attorney, Federal Compliance. 

[FR Doc. 2020–27021 Filed 12–21–20; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 111 

New Mailing Standards for Domestic 

Mailing Services Products 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: On October 9, 2020, the Postal 

Service (USPS®) filed a notice of 

mailing services price adjustments with 

the Postal Regulatory Commission 

(PRC), effective January 24, 2021. 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. 

DATES: Effective Date: January 24, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Erwin at (202) 268–2158 or 

Dale Kennedy at (202) 268–6592. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2020, the PRC favorably 

reviewed the price adjustments 

proposed by the Postal Service. The 

price adjustments and DMM revisions 

are scheduled to become effective on 

January 24, 2021. Final prices are 

available under Docket No. R2021–1 

(Order No. 5757) on the Postal 

Regulatory Commission’s website at 

www.prc.gov. 

Seamless Acceptance Incentive 

USPS is providing a $.001 per 

mailpiece incentive. The incentive is 

available for First-Class Mail, USPS 

Marketing Mail, Periodicals and Bound 

Printed Matter mail flats that use the 

Full-Service Intelligent Mail barcode 

(IMb) option. The change provides an 

incentive to the Electronic 

Documentation (eDoc) submitters (with 

a Seamless CRID and an Enterprise 

Payment System Account) for adoption 

of the program. The incentive would be 

based on the eDoc submitter’s Customer 

Registration ID (CRID). 

A Seamless Mailer is defined by their 

CRID’s status in PostalOne! as 

‘‘Seamless Acceptance.’’ Note: Seamless 

Parallel does not qualify for the 

discount. The proposal is to allow 

Electronic Documentation (eDoc) 

submitters to receive a Seamless 

Acceptance incentive for the pieces that 

claim Full-Service prices in the mailing, 

provided the eDoc submitter has an 

Enterprise Payment account that is used 

for the incentive. 

• The incentive is available to all 

eDoc submitters with a Seamless 

Acceptance CRID and an Enterprise 

Payment account who enroll in 

PostalOne! 

• The incentive is applied to the 

Enterprise Payment account that 

corresponds with the permit selected 

during registration to receive the 

discount. 

• A permit that corresponds with an 

Enterprise Payment trust or ACH debit 

account must be selected, in PostalOne!, 

to receive the incentive. Trust accounts 

will receive the incentive upon postage 

statement finalization and ACH debit 

accounts will receive the incentive as a 

daily aggregate. 

• Mail.dat changes: No impact—Use 

existing Segment Record’s (.seg) ‘‘eDoc 

Sender CRID’’ field to identify the CRID 

of the eDoc submitter. 

• Mail.XML changes: No impact—Use 

existing OpenMailingGroupRequest > 

MailingGroupData > 

MailingFacilityfield to identify the CRID 

of the eDoc submitter. 

• Postage Statement Changes: No 

impact—For eligible mailings the 

postage may be paid using any 

authorized payment account. 

• Intelligent Mail for Small 

Business—Mailing Agent CRID (same as 

Permit Holder CRID) is used as the eDoc 

Submitter CRID. 


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