77994 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 

(j) Material Incorporated by Reference 

None. 

Issued on November 13, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–26680 Filed 12–1–20; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2020–0658] 

Drawbridge Operation Regulation; 

Indian Creek, Miami Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of temporary 

deviation from regulations; request for 

comments. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the 63rd Street 

Bridge across Indian Creek, mile 4.0, at 

Miami Beach, Florida. A request was 

made to place the drawbridge on a 

weekend operating schedule to alleviate 

vehicle congestion due to on demand 

bridge openings. This deviation will test 

a change to the drawbridge operation 

schedule to determine whether a 

permanent change to the schedule is 

needed. The Coast Guard is seeking 

comments from the public regarding 

these proposed changes. 

DATES: This deviation is effective from 

12:01 a.m. on December 14, 2020, 

through 11:59 p.m. on June 11, 2021. 

Comments and relate material must 

reach the Coast Guard on or before 

February 11, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2020–0658 using Federal eRulemaking 

Portal at https://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call or email LT Samuel 

Rodriguez-Gonzalez, U.S. Coast Guard, 

Sector Miami Waterways Management 

Division; telephone 305–535–4307, 

email Samuel.Rodriguez-Gonzalez@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

The 63rd Street Bridge across Indian 

Creek, mile 4.0, at Miami Beach, Florida 

is a double-leaf bascule bridge with an 

11 foot vertical clearance at mean high 

water in the closed position. The normal 

operating schedule for the bridge is set 

forth in 33 CFR 117.293. Navigation on 

the waterway is commercial and 

recreational. 

A private citizen requested the Coast 

Guard consider placing the drawbridge 

on a weekend operating schedule to 

alleviate vehicle congestion due to on 

demand bridge openings. The Coast 

Guard contacted the bridge owner, 

Florida Department of Transportation 

(FDOT), and requested a copy of the 

bridge logs for the month of August 

2020. After reviewing the logs, the Coast 

Guard determined placing the bridge on 

a schedule during the weekend may 

alleviate vehicle congestion while 

maintaining the reasonable needs of 

navigation. This test deviation provides 

for scheduled opening times on 

Saturdays and Sundays. There will be 

no change to the published weekday 

operating schedule. 

Under this test deviation, from 7 a.m. 

to 7 p.m., the draw shall open on the 

hour and half-hour; except Federal 

Holidays and all other times, the draw 

shall operate on demand. From 7:10 

a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 

p.m., Monday through Friday, except 

Federal Holidays, the draw need not 

open for the passage of vessels. In 

February of each year during the period 

seven days prior to the City of Miami 

Beach Yacht and Brokerage Show and 

the four days following the show, from 

10 a.m. to 4 p.m., the bridge need not 

open except for 10 minutes at the top of 

the hour. At all other times the bridge 

shall operate on its normal schedule. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

II. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this 

notification as being available in this 

docket and all public comments, will be 

in our online docket at https://

www.regulations.gov and can be viewed 

by following that website’s instructions. 

Additionally, if you go to the online 

docket and sign up for email alerts, you 

will be notified when comments are 

posted or a final rule is published. 

Dated: November 23, 2020. 

Randall D. Overton, 

Director, Bridge Administration, Seventh 

Coast Guard District. 

[FR Doc. 2020–26415 Filed 12–2–20; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0641] 

RIN 1625–AA08 

Safety Zone; Lower Mississippi River, 

Natchez, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River between Mile Marker 

(MM) 364.5 and MM 365.5. This action 

is necessary to provide for the safety of 

persons, vessels, and the marine 

environment during a fireworks display. 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 77995 

Entry of persons or vessels into this 

zone is prohibited unless authorized by 

the Captain of the Port Sector Lower 

Mississippi River or a designated 

representative. 

DATES: This rule is effective from 4 p.m. 

through 7 p.m. on December 31, 2020. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0641 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 MSTC Lindsey Swindle, Sector 

Lower Mississippi River, U.S. Coast 

Guard; telephone 901–521–4813, email 

Lindsey.M.Swindle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 this 

safety zone by December 31, 2020, and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

this rule. The NPRM process would 

delay the establishment of the safety 

zone until after the date of the event and 

compromise public safety. 

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 impracticable 

because immediate action is necessary 

to protect persons and property from the 

potential hazards associated with the 

fireworks display. 

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 Lower 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the fireworks display 

located at mile marker (MM) 365.0 on 

the Lower Mississippi River and 

scheduled for 4 p.m. on December 31, 

2020, would be a safety concern for all 

persons and vessels on the Lower 

Mississippi River between MM 364.5 

and MM 365.5 from 4 p.m. through 7 

p.m. on December 31, 2020. Hazards 

associated with the firework displays 

include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. This 

rule is necessary to ensure the safety of 

persons, vessels, and the marine 

environment on these navigable waters 

before, during, and after the fireworks. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 4 p.m. through 7 p.m. 

on December 31, 2020. The safety zone 

will cover all navigable waters of the 

Lower Mississippi River from MM 364.5 

to MM 365.5. The duration of this safety 

zone is intended to ensure the safety of 

waterway users on these navigable 

waters before, during, and after the 

scheduled fireworks display. 

Entry of persons or vessels into this 

safety zone is 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 

Lower Mississippi River. Persons or 

vessels seeking to enter the safety zones 

must request permission from the COTP 

or a designated representative on VHF– 

FM channel 16 or by telephone at 901– 

521–4822. 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 of the enforcement times and 

date for this safety zone through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs) as appropriate. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. Vessel 

traffic will be prohibited from entering 

this safety zone, which will impact a 

one-mile stretch of Lower Mississippi 

River for three hours on one evening. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the safety 

zone, and the rule allows vessels to seek 

permission to enter the zone. 

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 safety 

zone 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 call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 


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77996 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 

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. 

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 on a onemile stretch of the Lower Mississippi 

River for three hours on one evening. It 

is categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of UDHS 

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. 0170.1. 

■ 2. Add § 165.T08–0641 to read as 

follows: 

§ 165.T08–0641 Safety Zone; Lower 

Mississippi River, Natchez, MS. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from Mile 

Marker (MM) 364.5 through MM 365.5. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Lower Mississippi 

River (COTP) or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 901–521–4822. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(c) Enforcement period. This section 

will be enforced 4 p.m. through 7 p.m. 

on December 31, 2020. Periods of 

activation will be promulgated by 

Broadcast Notice to Mariners. 

Dated: November 2, 2020. 

R.S. Rhodes, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2020–26177 Filed 12–2–20; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0136; FRL–10016– 

79–Region 9] 

Air Plan Partial Approval and Partial 

Disapproval; California; San Diego 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

partially approve and partially 

disapprove revisions to the San Diego 

Air Pollution Control District (SDAPCD 

or ‘‘District’’) portion of the California 

State Implementation Plan (SIP). These 

revisions concern the District’s 

demonstration regarding reasonably 

available control technology (RACT) 

requirements and negative declarations 

for the 2008 ozone national ambient air 

quality standards (NAAQS or 

‘‘standards’’) in the San Diego ozone 

nonattainment area under the 

jurisdiction of the SDAPCD. 

DATES: This rule will be effective on 

January 4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0136. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 


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