43412 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

The Rule 

The FAA is amending 14 CFR part 71 

by amending the Class E airspace 

extending upward from 700 feet above 

the surface at County Memorial Airport, 

New Madrid, MO, as the Malden 

VORTAC has been decommissioned and 

all associated airspace extensions of 

Class E airspace extending upward from 

700 feet above the surface, off the 

Malden VORTAC, have been 

eliminated. The Class E airspace 

extending upward from 700 feet above 

the surface is amended by increasing the 

radius to 10.3 miles (previously 6.3 

miles). 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is minimal. Since this is a 

routine matter that only affects air traffic 

procedures an air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE MO E5 New Madrid, MO [Amended] 

County Memorial Airport, New Madrid, MO 

(Lat. 36°32′07′′ N, long. 89°35′59′′ W) 

That airspace extending upward from 700 

feet above the surface within a 10.3-mile 

radius of the County Memorial Airport. 

Issued in College Park, Georgia, on August 

2, 2021. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–16775 Filed 8–6–21; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

14 CFR Part 1204 

[Document Number NASA–21–015; Docket 

Number–NASA–2021–0003] 

RIN 2700–AE62 

NASA Guidance Procedures; Removal 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: This final rule removes 

information about NASA’s processes 

and procedures for issuing guidance 

documents because requirements to 

publish this information were revoked. 

DATES: Effective: August 9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Nanette Smith, Team Lead, NASA 

Directives and Regulations 

Management, Mission Support 

Directorate, (202) 358–0819, 

nanette.jennings@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Executive Order 13891, Promoting the 

Rule of Law Through Improved Agency 

Guidance Documents, issued October 9, 

2019, required agencies to finalize 

regulations to set forth processes and 

procedures for issuing guidance 

documents. To respond to this action, 

NASA issued its Guidance Procedures, 

14 CFR part 1204 subpart 3, that 

published on March 24, 2020, at 85 FR 

16542. 

On January 20, 2021, Executive Order 

13992, Revocation of Certain Executive 

Orders Concerning Federal Regulation, 

was issued to revoke several regulatory 

policies, including Executive Order 

13891. Therefore, NASA is removing 14 

CFR part 1204 subpart 3, NASA 

Guidance Documents, to comply with 

Executive Order 13992. 

II. Regulatory Analysis 

Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation 

and Regulatory Review 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This rule is not a 

significant regulatory action under 

Executive Order 12866. 

Executive Order 13132—Federalism 

Executive Order 13132 requires 

agencies to ensure meaningful and 

timely input by state and local officials 

in the development of regulatory 

policies that may have 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. This action has 

been analyzed in accordance with the 

principles and criteria contained in the 

order, and NASA has determined that 

this action will not have a substantial 

direct effect or federalism implications 

on the states and would not preempt 

any state law or regulation or affect the 

states’ ability to discharge traditional 

state governmental functions. Therefore, 

consultation with the states is not 

necessary. 


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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 43413 

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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