53220 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 

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 that will prohibit entry within 500 

yards of tugs and barges used to work, 

inspect, survey and remove/replace 

cables in the Straits of Mackinac. It is 

categorically excluded from further 

review under paragraph L[60(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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T09–0747 to read as 

follows: 

§ 165.T09–0747 Safety Zone; Tugs 

Champion, Valerie B, Nancy Anne and 

Barges Kokosing I, Kokosing III, Kokosing 

IV operating in the Straits of Mackinac, MI. 

(a) Location. The following areas are 

safety zones: All navigable water within 

500 yards of the Tugs Valerie B, Nancy 

Anne, Champion and Barges Kokosing I, 

III, and IV while conducting work, 

inspection, surveying and removing/ 

replacing cables in the Straits of 

Mackinac. 

(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 Sault Sainte Marie (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within the 

safety zone described in paragraph (a) of 

this section is prohibited unless 

authorized by the Captain of the Port, 

Sault Sainte Marie or his designated 

representative. 

(2) Before a vessel operator may enter 

or operate within the safety zones, they 

must obtain permission from the 

Captain of the Port, Sault Sainte Marie, 

or his designated representative via VHF 

Channel 16 or telephone at (906) 635– 

3233. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all orders given to 

them by the Captain of the Port, Sault 

Sainte Marie or his designated 

representative. 

(d) Enforcement period. This section 

will be enforced from October 1, 2021, 

to November 30, 2021. 

Dated: September 21, 2021. 

A.R. Jones, 

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

Port Sault Sainte Marie. 

[FR Doc. 2021–20882 Filed 9–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Parts 111, 113 and 211 

Treatment of Regulations on 

Hazardous, Restricted, and Perishable 

Mail 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service amends 

certain regulations to clarify the 

regulatory treatment of Publication 52, 

Hazardous, Restricted, and Perishable 

Mail. 

DATES: This rule is effective September 

27, 2021. 

FOR FURTHER INFORMATION CONTACT: Dale 

E. Kennedy, Director, Product 

Classification, at 202–268–6592. 

SUPPLEMENTARY INFORMATION: The Postal 

Service has long maintained regulations 

on hazardous, restricted, and perishable 

mail. For many years, those regulations 

were located in Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (‘‘DMM’’). The DMM is a 

regulation of the Postal Service. 39 CFR 

211.2(a)(2). Annual editions of the DMM 

are incorporated by reference into 39 

CFR 111.1. As explained in Postal 

Service regulations, interim regulations 

are published in the DMM pending the 

next volume’s incorporation into the 

Code of Federal Regulations, and 

changes to the DMM are announced in 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 53221 

the Federal Register. 39 CFR 111.3. As 

an additional reference, the Postal 

Service developed Publication 52, 

Hazardous, Restricted, and Perishable 

Mail. 

On July 28, 2014, as part of a 

continuing initiative to reduce the size 

of the DMM, the Postal Service removed 

from that publication the detailed 

mailing standards relating to hazardous, 

restricted, and perishable materials. In 

place of these detailed provisions, 

revised DMM 601.8.0 advised that 

mailing standards specific to hazardous, 

restricted, and perishable mail would be 

incorporated into Publication 52, and 

could be found on the Postal Explorer 

website at pe.usps.com. The Postal 

Service subsequently promulgated new 

regulations incorporating an edition of 

Publication 52 by reference into 39 CFR 

113.2. See 83 FR 1189 (2018). 

The Postal Service, in consultation 

with the Office of the Federal Register, 

has determined that clarification of the 

status of Publication 52 would be 

helpful, particularly in order to ensure 

that changes to Publication 52 are 

comprehensively noticed in the Federal 

Register. To that end, the Postal Service 

hereby makes certain changes to its 

rules. 

First, DMM section 601.8.1 is 

amended to clarify that the substantive 

mailability rules in Publication 52, as in 

effect and available on the Postal 

Service’s website at any given time, are 

incorporated by reference into that 

DMM section. 

Second, 39 CFR 211.2(a) will be 

amended to clarify that Publication 52 

contains regulations of the Postal 

Service. In connection with this change, 

language in 39 CFR 211.2(a) regarding 

publication in the Federal Register and 

Code of Federal Regulations will be 

moved to more clearly express the 

intent that any regulations of the Postal 

Service may, where appropriate, be 

published in those outlets. Moreover, 39 

CFR 211.2(a)(3) is expanded somewhat 

to clarify that Publications and 

Memoranda of Policy may also qualify 

as regulations, and that status as 

regulations depends not on the formal 

designation of a document, but on its 

statement of binding rules of future 

effect beyond those stated elsewhere in 

Postal Service regulations. 

Third, 39 CFR part 113, which 

includes the incorporation by reference 

of Publication 52 (39 CFR 113.2), is 

removed. The temporary rules in 39 

CFR 113.3 regarding COVID–19 related 

Category B infectious substances are 

duplicative of rules in Publication 52, 

and so it is unnecessary to maintain 

such rules in the Code of Federal 

Regulations. Compare 85 FR 23745 with 

Postal Bulletin 22544 (Apr. 23, 2020), at 

6–7 (amending Publication 52 appendix 

C, USPS Packaging Instruction 6C). 

List of Subjects 

39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

39 CFR Part 113 

Administrative practice and 

procedure, Hazardous substances, Postal 

service. 

39 CFR Part 211 

Administrative practice and 

procedure, Postal Service. 

Accordingly, for the reasons stated, 

the Postal Service amends 39 CFR parts 

111, 113, and 211 as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 is revised 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, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, 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 

601 Mailability 

* * * * * 

8.0 Hazardous, Restricted, and 

Perishable Mail 

8.1 General 

Effective July 7, 2014, all content 

applicable to hazardous, restricted, or 

perishable mail was removed and 

incorporated into Publication 52, 

Hazardous, Restricted, and Perishable 

Mail. The contents of Publication 52, as 

in effect and available on the Postal 

Service website at the relevant time, are 

incorporated by reference into this 

section. 

* * * * * 

PART 113—[REMOVED] 

■ 3. Under the authority of 39 U.S.C. 

401(2), remove part 113. 

PART 211—APPLICATION OF 

REGULATIONS 

■ 4. The authority citation for part 211 

is revised to read as follows: 

Authority: 39 U.S.C. 201, 202, 205, 401– 

404, 406, 407, 410, 411, 413, 414, 416, 1001– 

1011, 1201–1209, 2008–2010, 2201, 2601– 

2605, 2901–2902, 3001–3018, 3201–3220, 

3401–3406, 3621–3629, 3631–3633, 3641, 

3654, 3681–3685, 3691, 5001–5007, 5401– 

5403, 5601–5605; 39 U.S.C. note. 

■ 5. Amend § 211.2 by revising the 

introductory text to paragraph (a) and 

paragraphs (a)(2) and (3) to read as 

follows: 

§ 211.2 Regulations of the Postal Service. 

(a) The regulations of the Postal 

Service consist of the following, any of 

which may, but are not required to, be 

published in the Federal Register and 

the Code of Federal Regulations: 

* * * * * 

(2) The Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual; the Postal Operations 

Manual; the Administrative Support 

Manual; the Employee and Labor 

Relations Manual; the Financial 

Management Manual; the International 

Mail Manual; those portions of Chapter 

2 of the former Postal Service Manual 

and chapter 7 of the former Postal 

Manual retained in force; and 

Publication 52, Hazardous, Restricted, 

and Perishable Mail; and 

(3) Headquarters Circulars, 

Management Instructions, Regional 

Instructions, Handbooks, Memoranda of 

Policy, Publications, delegations of 

authority, and other regulatory 

issuances and directives of the Postal 

Service or the former Post Office 

Department, to the extent that such 

documents state binding rules of future 

effect beyond those stated in other 

regulations of the Postal Service then in 

effect. 

* * * * * 

Joshua J. Hofer, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2021–20425 Filed 9–24–21; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 233 

Mail Screening Regulations 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: On August 20, 2021, The 

Postal Service amended its regulations 

regarding the screening of mail to be 

consistent with aviation regulations 

regarding the transportation of mail via 

aircraft; continue to enhance the 

security and ensure the safety of all 

persons and property onboard aircraft 

carrying mail; and prevent and deter the 


lotter on DSK11XQN23PROD with RULES1