Treatment of Regulations on Hazardous, Restricted, and Perishable Mail, 53220-53221 [2021-20425]
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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.
lotter on DSK11XQN23PROD with RULES1
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
VerDate Sep<11>2014
16:20 Sep 24, 2021
Jkt 253001
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.
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(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
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service amends
certain regulations to clarify the
regulatory treatment of Publication 52,
Hazardous, Restricted, and Perishable
Mail.
SUMMARY:
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
DATES:
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27SER1
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
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
VerDate Sep<11>2014
16:20 Sep 24, 2021
Jkt 253001
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 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:
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Frm 00037
Fmt 4700
Sfmt 4700
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
Postal Service.
Final rule.
AGENCY:
ACTION:
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
SUMMARY:
■
■
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.
■
39 CFR Part 113
Administrative practice and
procedure, Hazardous substances, Postal
service.
*
53221
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]]>Agencies
[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53220-53221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20425]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 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]
0
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.
0
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]
0
3. Under the authority of 39 U.S.C. 401(2), remove part 113.
PART 211--APPLICATION OF REGULATIONS
0
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.
0
5. Amend Sec. 211.2 by revising the introductory text to paragraph (a)
and paragraphs (a)(2) and (3) to read as follows:
Sec. 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
