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. 

7650 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 

Below we summarize our analyses 

based on a number of these statues 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, it 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 fact that the closure will 

occur outside of recreational boating 

season on the NJICW, and only during 

specific daily hours. An average of only 

40 annual bridge openings occurred for 

recreational vessels and light tugs from 

November 1 to March 31 between 2015 

through 2017. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 rule. 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 bridge 

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 contact 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 calls for no 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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.733 by adding 

paragraph (e)(4) to read as follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(e) * * * 

(4) 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, the drawbridge will be 

maintained in the closed-to-navigation 

position. A work platform will reduce 

the horizontal clearance of the 

navigation channel to approximately 30 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7651 

1See Coast Guard notice of proposed rulemaking, 

‘‘Safety Zone; Super Bowl LV; Hillsborough Bay 

and River, Tampa, FL’’ (86 FR 32) (this document 

is available at: https://beta.regulations.gov/ 

document/USCG-2020-0691-0001). 

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. Vessels that can safely transit 

through the bridge in the closed 

position with the reduced clearances 

may do so, if at least 30 minutes notice 

is given, to allow for safe navigation. 

* * * * * 

Dated: January 13, 2021. 

L.M. Dickey, 

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

Fifth Coast Guard District. 

[FR Doc. 2021–02058 Filed 1–29–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0691] 

RIN 1625–AA00 

Safety Zone; Super Bowl LV; 

Hillsborough Bay and River, Tampa, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

certain waters of Garrison Channel, 

Seddon Channel Turning Basin, and the 

Hillsborough River, in the vicinity of 

downtown Tampa, Florida during the 

Super Bowl LV celebrations. The safety 

zone is necessary to protect the public 

and Super Bowl LV event personnel 

from the hazards associated with 

potential vessel traffic within the area of 

the safety zone. All persons and vessels 

would be required to transit through the 

safety zone at a steady speed and may 

not slow down, stop or anchor except in 

the case of unforeseen mechanical 

failure or other emergency unless given 

prior authorization from the Captain of 

the Port. Any person or vessel forced to 

slow or stop in the established zone 

must immediately notify the Captain of 

the Port Tampa via VHF channel 16. 

DATES: This rule is effective daily from 

12:01 a.m. on January 29, 2021, through 

11:59 p.m. on February 7, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0691 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 Marine Science Technician First 

Class Michael D. Shackleford, Sector St. 

Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Michael.D.Shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 bypassing the full 

notice and comment process because it 

is impracticable and contrary to the 

public interest to do so in this situation. 

On September 22, 2020, the Maritime 

Subcommittee for Super Bowl LV 

notified the Coast Guard that during the 

Super Bowl LV event celebrations there 

will be several planned super bowlrelated events throughout the waterfront 

areas of Tampa, FL. These events will 

occur at various times from January 29, 

2021 through February 7, 2021. These 

events could lead to large gatherings of 

persons and vessels in waterways 

around the Tampa area. The Captain of 

the Port St. Petersburg (COTP) has 

determined that the potential hazards 

associated with persons and vessel 

congestion within the safety zone 

during these events is a safety concern. 

A notice of proposed rulemaking was 

published to the Federal Register on 

January 4, 2021, however, there remains 

insufficient time to complete the full 

rulemaking process.1 It is necessary for 

the Coast Guard to establish this safety 

zone by January 29, 2021, in order to 

ensure the appropriate level of 

protection exists in order to mitigate the 

potential safety hazards associated with 

the Super Bowl LV event celebrations. 

Therefore, this temporary final rule is 

being published before the comment 

period ends on the notice of proposed 

rulemaking. 

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 for the same reasons stated in 

the preceding paragraph. 

III. Discussion of the Rule 

This rule establishes a safety zone 

from January 29, 2021, through February 

7, 2021. The safety zone would cover 

certain navigable waters of Garrison 

Channel, Seddon Channel Turning 

Basin, and the Hillsborough River, in 

the vicinity of downtown Tampa, 

Florida. The duration of the zone is 

intended to ensure the safety of persons, 

vessels, and navigable waters before, 

during, and after the scheduled events. 

All persons and vessels would be 

required to transit through the safety 

zone at a steady speed and may not slow 

down, stop or anchor except in the case 

of unforeseen mechanical failure or 

other emergency unless given prior 

authorization from the COTP. Any 

person or vessel forced to slow or stop 

in the established zone must 

immediately notify the Captain of the 

Port Tampa via VHF channel 16. 

IV. 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, scope and 

duration of the safety zone. The rule 

will impact only a small designated area 

of Garrison Channel, Seddon Channel 

Turning Basin, and the Hillsborough