11122 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 

Point in Duluth, MN extending 100 

yards from the four (4) barges placed 

across the waterway. 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port (COTP) Duluth or a 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP Duluth or a 

designated on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the COTP Duluth is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the COTP 

Duluth to act on his behalf. 

(4) To seek permission to enter, 

contact the COTP Duluth or the COTP 

Duluth’s representative by contacting 

Station Duluth at 218–529–3100. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(c) Enforcement periods. This section 

will be enforced from 9 a.m. through 4 

p.m. daily from February 25, 2021 

through March 5, 2021. 

Dated: February 17, 2021. 

Frances M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2021–03536 Filed 2–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0070] 

RIN 1625–AA87 

Security Zone; San Diego Bay, San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for navigable waters in the vicinity of 

U.S. Coast Guard Sector San Diego, CA. 

The security zone is necessary to protect 

the official party and the surrounding 

waterway and structures from terrorist 

acts, sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. Entering, transiting through, 

anchoring in, or remaining within this 

security zone is prohibited unless 

authorized by the Captain of the Port 

Sector San Diego or a designated 

representative. 

DATES: This rule is effective from 6 a.m. 

on March 10, 2021 through 6 p.m. on 

March 11, 2021. This rule will be 

enforced from 6 a.m. through 6 p.m. on 

each of these dates. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0070 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 John Santorum, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

619–278–7656, email 

D11MarineEventsSD@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 contrary to the public interest. 

Providing a public notice and comment 

period would be contrary to the security 

zone’s intended objective of protecting 

the official party and the public. 

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 is contrary to the public 

interest because the Coast Guard must 

establish this security zone by March 

10, 2021 to ensure the safety and 

security during the official’s visit. 

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 San Diego 

(COTP) has determined that the 

official’s visit presents a potential target 

for terrorist acts, sabotage, or other 

subversive acts, accidents, or other 

causes of a similar nature. Given the 

close proximity of the waterways to the 

official’s visit site, this security zone is 

necessary to protect the official party, 

the public, and the surrounding 

waterways in the vicinity of U.S. Coast 

Guard Sector San Diego. 

IV. Discussion of the Rule 

This rule establishes a security zone 

from 6 a.m. on March 10, 2021 through 

6 p.m. on March 11, 2021. The security 

zone will be enforced from 6 a.m. 

through 6 p.m. on both of these dates. 

The security zone will cover all 

navigable waters of the San Diego Bay 

bound landward of a line by connecting 

the following points: Beginning at 

latitude 32°43′37.2′′ N, longitude 

117°10′45.0′′ W (point A); thence 

southeasterly to latitude 32°43′36.2′′ N, 

longitude 117°10′41.5′′ W (point B); 

thence southwesterly to latitude 

32°43′20.2′′ N, longitude 117°10′49.5′′ W 

(point C); thence northwesterly to 

latitude 32°43′25.7′′ N, longitude 

117°11′04.6′′ W (point D); thence 

northeasterly to latitude 32°43′35.7′′ N, 

longitude 117°10′59.5′′ W (point E); 

thence generally easterly along the air 

station boundary to the point of 

beginning (point A). No vessel may 

enter, transit through, anchor in, or 

remain in the zone during its 

enforcement unless permission is 

obtained from the COTP or a designated 

representative. The duration of the zone 

is intended to protect the Commandant 

and the Commandant’s party in the 

vicinity of this waterway. 

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 11123 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on size, location, duration, and 

time-of-day of the security zone. Vessel 

traffic will be able to safely transit 

around this security zone which would 

impact a small designated area of San 

Diego Bay where commercial traffic is 

typically low. 

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 security 

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 

security zone that will prohibit entry 

within a portion of the navigable waters 

in the vicinity of U.S. Coast Guard 

Sector San Diego, CA. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

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—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.T11–047 to read as 

follows: 

§ 165.T11–047 Security Zone; San Diego 

Bay, San Diego, CA. 

(a) Location. The following area is a 

security zone: All navigable waters of 

the San Diego Bay bound landward of 

a line by connecting the following 

points: Beginning at latitude 32°43′37.2′′ 

N, longitude 117°10′45.0′′ W (point A); 

thence southeasterly to latitude 

32°43′36.2′′ N, longitude 117°10′41.5′′ W 

(point B); thence southwesterly to 

latitude 32°43′20.2′′ N, longitude 

117°10′49.5′′ W (point C); thence 

northwesterly to latitude 32°43′25.7′′ N, 

longitude 117°11′04.6′′ W (point D); 

thence northeasterly to latitude 

32°43′35.7′′ N, longitude 117°10′59.5′′ W 

(point E); thence generally easterly 

along the air station boundary to the 

point of beginning (point A). 

(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 and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port San Diego (COTP) in the 

enforcement of the security zone. 


khammond on DSKJM1Z7X2PROD with RULES
11124 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF Channel 16. 

Those in the security zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced from 6 a.m. through 6 

p.m. on March 10, 2021 and March 11, 

2021. 

Dated: February 12, 2021. 

T.J. Barelli, 

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

Port Sector San Diego. 

[FR Doc. 2021–03534 Filed 2–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Extra Services Refund Time Limit 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) to revise the time 

limit for extra service refunds. 

DATES: Effective Date: April 5, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Marano at (202) 268–4257, 

Adaisja Johnson at (202) 268–6724, or 

Garry Rodriguez at (202) 268–7281. 

SUPPLEMENTARY INFORMATION: On May 

14, 2020, the Postal Service published a 

notice of proposed rulemaking (85 FR 

28917–28918) to revise the time limit 

for extra service refunds on all classes 

of mail except Priority Mail Express®. 

The Postal Service elected to issue a 

second revised proposed rule on 

January 7, 2021, (86 FR 1080–1081) that 

included revising the timelines for 

Priority Mail Express with an extra 

service. One formal response was 

received as follows: 

Comment: The commenter requested 

the time limit for extra service refunds 

be revised on all classes of mail except 

Priority Mail Express. 

USPS Response: The Postal Services 

believes this revision to extend the time 

limits for filing a refund for all classes 

of mail will provide consistency within 

the refund policy. 

Currently, DMM Exhibit 604.9.2.1, 

Postage and Fees Refunds, provides that 

for Priority Mail Express with an extra 

service a customer must apply for an 

extra service refund no sooner than 10 

days, or no later than 30 days, and for 

all other classes of mail with an extra 

service a customer must apply for an 

extra service refund no sooner than 10 

days, or no later than 60 days, from the 

date the service was purchased. 

Certain extra services (e.g., Certified 

Mail®) have workflow timelines that 

extend beyond the current 10-day limit 

to initially file for a refund. As a result, 

to meet the required workflow timelines 

for these extra services, and for 

consistency in application of the refund 

processes, the Postal Service is 

extending the current Priority Mail 

Express with an extra service timeline to 

no sooner than 30 days, or no later than 

60 days. For all other classes of mail 

with an extra service, the 10-day time 

limit will be extended to a 30-day time 

limit before a customer can file for a 

refund. 

We believe this revision will provide 

customers with a more efficient process 

and a more consistent customer 

experience. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods and 

Refunds 

* * * * * 

9.0 Exchanges and Refunds 

* * * * * 

9.2 Postage and Fee Refunds 

* * * * * 

9.2.1 General Standards 

* * * * * 

Exhibit 9.2.1 Postage and Fees 

Refunds 

Customers must apply for a refund 

within the time limits in the chart 

below. 

Mail type or service 

When to apply (from mailing date) 

No sooner than No later than 

*******

[Revise the text of the ‘‘Priority Mail Express with an Extra Service’’ 

line item to read as follows:] 

Priority Mail Express with an Extra Service(s) (9.2.4h) ......................... 30 days .......................................... 60 days. 

*******

[Revise the text of the ‘‘Extra Services’’ line item to read as follows:] 

All other classes of mail with an Extra Service or Extra Services 

(9.2.4h).

30 days .......................................... 60 days. 

* * * * * * * 


khammond on DSKJM1Z7X2PROD with RULES