7238 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations 

process for significant guidance; and 

taking and responding to petitions about 

guidance (85 FR 53163). 

On January 20, 2021, President Biden 

issued the ‘‘Executive Order on 

Revocation of Certain Executive Orders 

Concerning Federal Regulation’’ which, 

among other things, revoked E.O. 13891 

and directed agencies to promptly take 

steps to rescind any orders, rules, 

regulations, guidelines, or policies, or 

portions thereof, implementing or 

enforcing the Executive orders. The 

January 20, 2021, E.O. states that it is 

the policy of the Administration ‘‘to use 

available tools to confront the urgent 

challenges facing the Nation, including 

the coronavirus disease 2019 (COVID– 

19) pandemic, economic recovery, racial 

justice, and climate change. To tackle 

these challenges effectively, executive 

departments and agencies (agencies) 

must be equipped with the flexibility to 

use robust regulatory action to address 

national priorities. This order revokes 

harmful policies and directives that 

threaten to frustrate the Federal 

Government’s ability to confront these 

problems, and empowers agencies to 

use appropriate regulatory tools to 

achieve these goals.’’ 

After consideration and review, the 

Department has concluded that the 

internal rule on guidance deprives the 

Department and subordinate agencies of 

necessary flexibility in determining 

when and how best to issue public 

guidance based on particular facts and 

circumstances, and unduly restricts the 

Department’s ability to provide timely 

guidance on which the public can 

confidently rely. Therefore, in 

accordance with President Biden’s 

January 20, 2021, E.O., the Department 

is issuing this final rule, which rescinds 

the internal rule on guidance published 

at 85 FR 53163. 

II. Final Rule 

The Department has determined that 

this rule is suitable for final rulemaking. 

The revisions to the Department’s 

policies and requirements surrounding 

guidance are purely internal matters of 

agency management, as well as the 

agency’s organization, procedure, and 

practice. Accordingly, as with the 

August 2020 final rule, the Department 

is not required to engage in a notice and 

comment process to issue them under 

either the Administrative Procedure 

Act. See 5 U.S.C. 553(a)(2), 553(b)(A). 

Furthermore, because this rule is 

procedural rather than substantive, the 

normal requirement of 5 U.S.C. 553(d) 

that a rule not be effective until at least 

30 days after publication in the Federal 

Register is inapplicable. The 

Department also finds good cause to 

provide an immediate effective date for 

this rule, because it imposes no 

obligations on parties outside the 

federal government and therefore no 

advance notice is required to enable 

employers or other private parties to 

come into compliance. 

List of Subjects in 29 CFR Part 89 

Administrative practice and 

procedure, Labor. 

PART 89 [REMOVED] 

■ For the reasons discussed in the 

preamble, and under the authority of 5 

U.S.C. 301, the Department of Labor 

amends 29 CFR subtitle A by removing 

part 89. 

Signed at Washington, DC. 

Stephanie Swirsky, 

Deputy Assistant Secretary of Labor for 

Policy. 

[FR Doc. 2021–01746 Filed 1–22–21; 4:15 pm] 

BILLING CODE 4510–HL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2019–0911] 

Drawbridge Operation Regulation; 

Mobile River, Hurricane, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the CSX 

Transportation Railroad drawbridge 

across the Mobile River, mile 13.3 near 

Hurricane, Mobile County, Alabama. 

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 

without actual notice from 7:01 a.m. 

January 27, 2021 through 7 a.m. July 8, 

2021. For the purposes of enforcement, 

actual notice will be used from 7 a.m. 

January 8, 2021 through 7 a.m. January 

27, 2021. Comments and related 

material must reach the Coast Guard on 

or before July 8, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2019–0911 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 Mr. Doug 

Blakemore. Eighth Coast Guard District 

Bridge Administration Branch Chief; 

telephone (504) 671–2128, email 

Douglas.A.Blakemore@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

The CSX Transportation Railroad 

drawbridge has a vertical clearance of 

5.5′ in the closed to navigation position 

and operates in accordance with 33 CFR 

117.5. The CSX Railroad Company, the 

owner of the bridge requested to change 

operation of the bridge from a tended 

drawbridge to a remotely operated 

drawbridge. 

CSX has completed installation of a 

remote operation system at the bridge 

and a remote control center, located in 

Mobile, AL. At the bridge, CSX has 

installed infrared cameras, closed 

circuit cameras and TVs, 

communication systems and 

information technology systems on the 

bridge that allow an operator from 

Mobile to monitor and control the 

bridge. They have also developed an 

operations manual that remote operators 

use to control each bridge. 

The purpose of this test is to evaluate 

the impact to navigation safety and 

vessels reasonable ability to use the 

waterway while the drawbridge is 

operated from the CSX remote control 

center in Mobile, AL. The bridge’s 

operation schedule and methods to 

contact the bridge to open will remain 

the same. 

The waterway users include 

recreational vessels and commercial 

tows; which combined requires 

approximately six openings a day. 

The Coast Guard will 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. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations 7239 

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 test 

deviation 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: January 11, 2021. 

Douglas Allen Blakemore, Sr., 

Chief, Bridge Administration Branch, Eighth 

Coast Guard District. 

[FR Doc. 2021–01104 Filed 1–26–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0968] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Old Fort Bayou, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

State Road 609 highway bascule bridge 

across the Old Fort Bayou mile 1.6, 

Ocean Springs, Harrison County, 

Mississippi. This change was requested 

to address increased vehicular 

congestion, and allows Mississippi 

Department of Transportation to operate 

the bridge to meet vessel and traffic 

needs. 

DATES: This rule is effective February 

26, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type USCG– 

2018–0968 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 Mr. Doug Blakemore, Eighth Coast 

Guard District Bridge Administrator; 

telephone (504) 671–2128, email 

Douglas.A.Blakemore@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive Order 

FR Federal Register 

MDOT Mississippi Department of 

Transportation 

OMB Office of Management and Budget 

Pub. L. Public Law 

NPRM Notice of proposed rulemaking 

§ Section 

SR State Road 

U.S.C. United States Code 

II. Background, Purpose and Legal 

Basis 

On July 20, 2020 the Coast Guard 

published a notice of proposed 

rulemaking entitled Drawbridge 

Operation Regulations; Old Fort Bayou, 

MS in the Federal Register (85 FR 

43773), to seek public comments on 

whether the Coast Guard should 

consider modifying the current 

operating schedule to the Old Fort 

Bayou drawbridge. We received 0 

comments. 

III. Discussion of Proposed Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The Mississippi Department of 

Transportation (MDOT) requested to 

change the operating requirements for 

the SR 609 drawbridge across Old Fort 

Bayou, mile 1.6, Ocean Springs, 

Harrison County, Mississippi. This 

bridge currently operates according to 

the schedule found in 33 CFR part 117. 

MDOT requested to close the bridge to 

vessels during peak vehicle traffic 

periods, from 6:30 a.m. to 8:00 a.m. and 

from 4 p.m. to 6 p.m. Monday through 

Friday, except federal holidays and to 

require a 12 hour notification to open 

the bridge during periods of very little 

vessel traffic activity on Thanksgiving 

Day, Christmas Day and New Year’s 

Day. 

This waterway is used by small tows 

and barges, commercial fisherman and 

recreational vessels. Closing the bridge 

to vessel traffic in the morning and 

evening commuting hours reduces 

vehicle queues and does not create 

vessel queues. The reduction in vehicle 

queues enhances safety by preventing 

vehicles from backing up on U.S. 90 

highway. This bridge opens infrequently 

to vessels on Thanksgiving Day, 

Christmas Day and New Year’s Day, 

therefore requiring a 12 hour 

notification provides vessels with a 

reasonable ability to use Old Fort 

Bayou. 

Additionally the bridge is required to 

open for emergencies according to 33 

CFR 117.31. 

IV. Discussion of Comments, Changes 

and the Final Rule 

There were no comments on this rule 

change. The Coast Guard provided a 

comment period of 60 days. Based on 

the vessel data and bridge openings this 

rule provides vessels with a reasonable 

ability to use the waterway. We 

identified no impacts on marine 

navigation with this proposed rule. 

V. Regulatory Analyses 

The Coast Guard developed this 

proposed rule after considering 

numerous statutes and Executive orders 

related to rulemaking. Below we 

summarize our analyses based on 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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 ability 

that vessels can still open the draw and 

transit given advance notice. Those 


khammond on DSKJM1Z7X2PROD with RULES