Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7647 

Federalism 

Under the criteria in Executive Order 

13132, this final rule has no 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. 

Civil Justice Reform 

This final rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule has been reviewed 

to eliminate errors and ambiguity and 

written to minimize litigation. It is 

written in clear language and contains 

clear legal standards. 

Consultation With Indian Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

Government-to-Government Relations 

with Native American Tribal 

Governments, Executive Order 13175 

(59 FR 22951, November 6, 2000), the 

Commission has determined that 

consultations with Indian gaming tribes 

is not practicable, as Congress has 

mandated that annual civil penalty 

adjustments in the Act be implemented 

no later than January 15th of each year. 

Paperwork Reduction Act 

This final rule does not affect any 

information collections under the 

Paperwork Reduction Act. 

National Environmental Policy Act 

This final rule does not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment. 

Information Quality Act 

In developing this final rule, the 

Commission did not conduct or use a 

study, experiment, or survey requiring 

peer review under the Information 

Quality Act (Pub. L. 106–554). 

Effects on the Energy Supply 

This final rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. 

Clarity of This Regulation 

The Commission is required by 

Executive Orders 12866 and 12988 and 

by the Presidential Memorandum of 

June 1, 1998, to write all rules in plain 

language. This means that each rule that 

the Commission publishes must: 

(a) Be logically organized; 

(b) use the active voice to address 

readers directly; 

(c) use clear language rather than 

jargon; 

(d) be divided into short sections and 

sentences; and 

(e) use lists and tables wherever 

possible. 

Required Determinations Under the 

Administrative Procedure Act 

In accordance with the Act, agencies 

are to annually adjust civil monetary 

penalties without providing an 

opportunity for notice and comment, 

and without a delay in its effective date. 

Therefore, the Commission is not 

required to complete a notice and 

comment process prior to promulgation. 

List of Subjects in 25 CFR Part 575 

Administrative practice and 

procedure, Gaming, Indian lands, 

Penalties. 

For the reasons set forth in the 

preamble, the Commission amends 25 

CFR part 575 as follows: 

PART 575—CIVIL FINES 

■ 1. The authority citation for part 575 

continues to read as follows: 

Authority: 25 U.S.C. 2705(a), 2706, 2713, 

2715; and Sec. 701, Pub. L. 114–74, 129 Stat. 

599. 

§ 575.4 [Amended] 

■ 2. Amend the introductory text of 

§ 575.4 by removing ‘‘$53,524’’ and 

adding in its place ‘‘$54,157’’. 

Dated: January 15, 2021. 

E. Sequoyah Simermeyer, 

Chairman. 

Kathryn Isom-Clause, 

Vice Chair. 

[FR Doc. 2021–01413 Filed 1–29–21; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket Number USCG–2019–0028] 

RIN 1625–AA01 

Anchorage; Galveston Harbor, Bolivar 

Roads Channel, Galveston, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a 48-hour time limit in 

Anchorage Area (B) in Bolivar Roads 

near Galveston, Texas. Anchorage areas 

(A) and (C) in the Bolivar Roads 

Channel already have a 48-hour time 

limit, but anchorage (B) did not. This 

resulted in vessels remaining in 

anchorage (B) for extended periods, 

blocking other vessels with pressing 

logistical needs, adversely affecting 

commerce and impacting navigational 

safety. Except when stress of weather 

makes sailing impractical or hazardous, 

this rule will prohibit vessels from 

anchoring in anchorage area (B) for 

more than 48 hours unless expressly 

authorized by the Captain of the Port 

Houston-Galveston. 

DATES: This rule is effective March 3, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2019– 

0028 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 Lieutenant Commander Sarah 

Rousseau or Lieutenant Junior Grade 

Ryan Gilbert, Sector Houston-Galveston 

Waterways Management Division, U.S. 

Coast Guard; telephone 281–464–4736/ 

5800, email HoustonWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

HSC Lone Star Harbor Safety Committee 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

VTS Coast Guard Vessel Traffic Service 

Houston/Galveston 

II. Background Information and 

Regulatory History 

On October 11, 2018, the Texas Lone 

Star Harbor Safety Committee requested 

a regulatory change to the Galveston 

Harbor Bolivar Roads Anchorage area 

(B). The HSC submitted a 

recommendation to the Sector HoustonGalveston Captain of the Port that 

Anchorage area (B) be regulated under 

the same 48-hour time limit as the 

adjacent Anchorage areas (A) and (C). 

The HSC developed a working group, 

the Anchorage Working Group, to assess 

the optimal ways to use the anchorage 

to facilitate safety and efficiency within 

the port. 

On January 28, 2020, we published a 

notice of proposed rulemaking (85 FR 

4919) that proposed to establish a 48- 

hour time limit in Anchorage Area (B) 

in Bolivar Roads near Galveston, Texas. 

The purpose of the propose rule was to 

align the Galveston Harbor Bolivar 

Roads Anchorage area (B) to the 

adjacent anchorages. This action is 

necessary to address port congestion 

7648 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 

and navigation safety concerns. We 

noted that the local VTS would 

continue to monitor and control vessel 

movement within the Anchorage area 

(B), and that the VTS would be allowed 

to grant extensions for extenuating 

circumstances. 

III. Legal Authority and Need for Rule 

The Secretary of Homeland Security 

has delegated to the Coast Guard the 

authority to establish and regulate 

anchorage grounds in accordance with 

33 U.S.C. 471; 33 CFR 1.05–1; and 

Department of Homeland Security 

Delegation No. 0170.1, para. II, (63). The 

Captain of the Port Houston-Galveston 

(COTP) has determined that currently 

anchorage areas (A) and (C) in the 

Bolivar Roads Channel have a 48-hour 

time limit, however anchorage (B) does 

not. This has resulted in vessels 

remaining in anchorage (B) for extended 

periods, blocking other vessels with 

pressing logistical needs, adversely 

affecting commerce and impacting 

navigational safety. This rule addresses 

that problem by not permitting vessels 

to anchor in anchorage area (B) for more 

than 48 hours unless expressly 

authorized by the Captain of the Port 

Houston-Galveston or without express 

permission if the stress of weather 

makes sailing impractical or hazardous. 

IV. Discussion of Comments, Changes, 

and the Rule 

We received six comments to the 

NPRM (85 FR 4919) published January 

28, 2020. They all supported the 

proposed rule. We made no changes in 

the regulatory text of this rule from the 

proposed regulatory text in the NPRM. 

This rule establishes a 48-hour time 

limit in Anchorage Area (B) in Bolivar 

Roads near Galveston, Texas, by 

revising paragraph (b)(2) in 33 CFR 

110.197. 

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 anchorage duration of 

vessels in a previously established 

anchorage ground. This regulation will 

have a positive impact on vessel traffic 

of the waterway, increasing the 

efficiency of the limited inshore 

anchorage space for Houston and 

Galveston. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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. 

The number of small entities 

impacted and the extent of the impact, 

if any, is expected to be minimal. The 

anchorage area is located in an area of 

Bolivar Roads that is not a popular or 

productive fishing location. Further, the 

location is in an area not routinely 

transited by vessels heading to, or 

returning from, known fishing grounds. 

Finally, the anchorage is located in an 

area that is not currently used by small 

entities, including small vessels, for 

anchoring due to the depth of water 

naturally present in the area. 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. 

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 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7649 

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 

establishing a 48-hour anchor time limit 

in the Galveston Harbor Bolivar Roads 

Anchorage area B. It is categorically 

excluded from further review under 

paragraph L59(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 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—GALVESTON HARBOR, 

BOLIVAR ROADS CHANNEL, TEXAS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 

70034; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 110.197(b)(2) to read as 

follows: 

§ 110.197 Galveston Harbor, Bolivar Roads 

Channel, Texas. 

* * * * * 

(b) * * * 

(2) Except when stress of weather 

makes sailing impractical or hazardous, 

vessels shall not anchor in anchorage 

areas (A), (B), or (C) for more than 48 

hours unless expressly authorized by 

the Captain of the Port HoustonGalveston. Permission to anchor for 

longer periods may be obtained through 

Coast Guard Vessel Traffic Service 

Houston/Galveston on VHF–FM 

channels 12 (156.60 MHz) or 13 (156.65 

MHz). 

* * * * * 

Dated: January 22, 2021. 

John P. Nadeau, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2021–02000 Filed 1–29–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2020–0334] 

RIN 1625–AA09 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway, Atlantic 

City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the Route 30 

(Absecon Boulevard) Bridge across the 

New Jersey Intracoastal Waterway 

(NJICW), Beach Thorofare, mile 67.2, at 

Atlantic City, NJ. This temporary 

modification will allow the drawbridge 

to remain in the closed-to-navigation 

position to accommodate critical bridge 

maintenance. 

DATES: This temporary final rule is 

effective from March 3, 2021, through 5 

p.m. on March 31, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type USCG– 

2020–0334 in the ‘‘SEARCH’’ box and 

click ‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Mickey Sanders, Bridge 

Administration Branch, Fifth District, 

U.S. Coast Guard, telephone (757) 398– 

6587, email Mickey.D.Sanders2@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

NJICW New Jersey Intercoastal Waterway 

II. Background Information and 

Regulatory History 

On September 16, 2020, the Coast 

Guard published a notice of proposed 

rulemaking entitled ‘‘Drawbridge 

Operation Regulation; New Jersey 

Intracoastal Waterway, Atlantic City, 

NJ’’ in the Federal Register (85 FR 

57808). We received one favorable 

comment and one irrelevant comment. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. The New 

Jersey Department of Transportation, 

which owns and operates the Route 30 

(Absecon Boulevard) Bridge, across the 

NJICW Beach Thorofare, at mile 67.2, in 

Atlantic City, NJ, requested the 

modification to allow the drawbridge to 

remain in the closed-to-navigation 

position. The closure is necessary to 

facilitate bridge maintenance of the 

drawbridge, while ensuring the safety of 

those performing bridge maintenance 

and vessels navigating in the area. A 

work platform will reduce the 

horizontal clearance of the navigation 

channel to approximately 30 feet and 

temporary shielding will reduce the 

vertical clearance of the entire bridge to 

approximately 19 feet above mean high 

water in the closed position. 

Under the temporary final rule, the 

drawbridge will remain in the closed-tonavigation position from 8 a.m. on 

March 3, 2021, through 5 p.m. on March 

31, 2021; from 8 a.m. on November 1, 

2021, through 5 p.m. on March 31, 2022; 

and from 8 a.m. on November 1, 2022, 

through 5 p.m. on March 31, 2023. At 

all other times the drawbridge will 

operate per 33 CFR 117.733 (e). The 

bridge will not be able to open for 

emergencies and there is no immediate 

alternative route for vessels unable to 

pass through the bridge in the closed 

position. Vessels that can safely transit 

through the bridge in the closed 

position with the reduced vertical and 

horizontal clearances may do so, if at 

least 30 minutes notice is given, to 

allow for safe navigation. 

IV. Discussion of Comments, Changes 

and the Temporary Final Rule 

The Coast Guard provided a period of 

30 days and two comments were 

received. One was in favor of the 

schedule change, and the other was 

outside the scope of the proposed 

regulation. No changes were made to the 

regulatory text of this temporary final 

rule. 

V. Regulatory Analyses 

The Coast Guard developed this rule 

after considering numerous statues and 

Executive Orders related to rulemaking.