Treatment of Regulations on Hazardous, Restricted, and Perishable Mail, 53220-53221 [2021-20425]

Download as PDF 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. 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. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 (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: E:\FR\FM\27SER1.SGM 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: PO 00000 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 E:\FR\FM\27SER1.SGM 27SER1

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]


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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