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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43414 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

M/V LIBERTY PEACE, and M/V OCEAN 

FREEDOM. The zones for the vessels 

will be enforced from the time the first 

vessel arrives on August 2, 2021, until 

the last vessel arrives Corpus Christi 

Ship Channel on August 14, 2021. The 

duration of the zones is intended to 

protect the vessels and military cargo on 

board while the vessels are in transit. 

No vessel or person will be permitted to 

enter the security zones without 

obtaining permission from the COTP or 

a designated representative. 

Entry into these security zones are 

prohibited unless authorized by the 

COTP or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Corpus Christi. Persons or 

vessels desiring to enter or pass through 

these zones must request permission 

from the COTP or a designated 

representative on VHF–FM channel 16 

or by telephone at 361–939–0450. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the COTP or designated 

representative. The COTP or a 

designated representative will inform 

the public through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate of the enforcement times 

and dates for these security zones. 

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. 

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). 

This regulatory action determination 

is based on the size, duration, and 

location of the security zones. This rule 

will impact a small designated area of 

the Corpus Christi Ship Channel during 

the vessels’ transits while loaded with 

cargo over a nineteen-day period. 

Moreover, the Coast Guard will issue 

BNMs via VHF–FM marine channel 16 

about the zones as appropriate and the 

rule allows vessels to seek permission to 

enter the zones. 

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 security zones 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 

$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 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 

security zones lasting for the duration of 

time that the M/V ARC ENDURANCE, 

M/V LIBERTY PEACE, and M/V OCEAN 

FREEDOM are within the Corpus Christi 

Ship Channel. It will prohibit entry 

within a 500 yard radius of the M/V 

ARC ENDURANCE, M/V LIBERTY 

PEACE, and M/V OCEAN FREEDOM 

while the vessels are transiting within 

the Corpus Christi Ship Channel. It is 

categorically excluded from further 

review under paragraph L60 in 

Appendix A, Table 1 of DHS Instruction 


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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 43415 

Manual 023–01–001–01, Rev. 1. 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. 00170.1. 

■ 2. Revision No. 01.2.2. Add 

§ 165.T08–0616 to read as follows: 

§ 165.T08–0616 Security Zone; Corpus 

Christi Ship Channel. Corpus Christi, TX. 

(a) Location. The following areas are 

a security zone: All navigable waters 

encompassing a 500-yard radius around 

Motor Vessel (M/V) ARC ENDURANCE, 

M/V LIBERTY PEACE, and M/V OCEAN 

FREEDOM while the vessels are in the 

Corpus Christi Ship Channel. 

(b) Effective period. This section is 

from August 2, 2021 through August 20, 

2021. 

(c) Regulations. (1) The general 

regulations in § 165.33 of this part 

apply. Entry into the zones is prohibited 

unless authorized by the Captain of the 

Port Sector Corpus Christi (COTP) or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Corpus Christi. 

(2) Persons or vessels desiring to enter 

or pass through the zones must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for these 

security zones. 

Dated: July 31, 2021. 

H.C. Govertsen, 

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

Port Corpus Christi. 

[FR Doc. 2021–16738 Filed 8–6–21; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

New Mailing Standards for Domestic 

Mailing Services Products 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: On May 28, 2021, the Postal 

Service (USPS®) filed a notice of 

mailing services price adjustments with 

the Postal Regulatory Commission 

(PRC), effective August 29, 2021. On 

June 23, 2021 USPS further filed a 

notice to change the maximum size 

limitation for presorted First-Class Mail 

postcards. 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 and postcard size limitation 

changes. 

DATES: Effective August 29, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Erwin at (202) 268–2158 or 

Dale Kennedy at (202) 268–6592. 

SUPPLEMENTARY INFORMATION: On July 

19, 2021, the PRC favorably reviewed 

the price adjustments proposed by the 

Postal Service. On July 28, 2021, the 

PRC favorably reviewed the presorted 

postcard maximum size limitations 

proposed by the Postal Service. The 

price adjustments, presorted postcard 

maximum limitations and DMM 

revisions are scheduled to become 

effective on August 29, 2021. Final 

prices are available under Docket No. 

R2021–2 (Order No. 5937), and 

presorted postcard maximum size 

limitations are available under Docket 

No. MC2021–104 (Order No. 5946) on 

the Postal Regulatory Commission’s 

website at www.prc.gov. 

Direct Pallet Discount for Marketing 

Mail High Density Flats 

The Postal Service is offering 

additional discounts to move additional 

USPS Marketing Mail High Density flats 

to direct pallets. Flat shaped pieces on 

direct pallets are operationally 

desirable, as pallets can be directly cross 

docked to the Destination Delivery 

Units (DDUs). The pallets will consist of 

Carrier Route and finer sorted bundles 

such as High Density, High Density 

Plus, and Saturation. The nature of their 

make-up allows the Postal Service to 

avoid moving these pallets to bundle 

sorters within the plant, sorting the 

bundles, and moving these bundles back 

to the dock to be transported to the 

DDU. 

First-Class Mail Nonautomation Letters 

Change 

The Postal Service is offering two 

prices for nonautomation machinable 

letters, AADC and Mixed AADC; and 

three prices for nonautomation 

nonmachinable letters, 5-digit, 3-digit, 

and Mixed ADC. This structural change 

will reduce revenue at risk and better 

align prices for customers mailing 

nonautomation letters, machinable and 

nonmachinable. This change will also 

eliminate the nonmachinable surcharge 

applicable to nonautomation presort 

letters. 

First-Class Mail Commercial Larger 

Postcard 

The Postal Service is offering to 

increase the maximum dimensions for 

commercial postcards, from 4–1/4 

inches by 6 inches to 6 inches by 9 

inches. 

Comments on Proposed Changes and 

USPS Responses 

The Postal Service received two 

formal comments on the June 3, 2021 

proposed rule. 

Customer Comment 

One comment expressed concerns 

around the lack of clarity surrounding 

future price increase from a timing and 

scale perspective. 

USPS Response 

In its notice of mailing services price 

adjustments with the PRC, the Postal 

Service explained that the Governors 

determined to shift from the Postal 

Service’s previous January 

implementation schedule for annual 

price increases to an August timeline for 

2021 in light of the recent adoption of 

the PRC’s amendments to the 

ratemaking system and the urgent need 

to begin addressing the Postal Service’s 

financial challenges through 


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