46966 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

support federal, state, local, tribal, or 

territorial government efforts to respond 

to COVID–19 or other emergencies); 

• Individuals engaged in lawful crossborder trade (e.g., truck drivers 

supporting the movement of cargo 

between the United States and Canada); 

• Individuals engaged in official 

government travel or diplomatic travel; 

• Members of the U.S. Armed Forces, 

and the spouses and children of 

members of the U.S. Armed Forces, 

returning to the United States; and 

• Individuals engaged in militaryrelated travel or operations. 

The following travel does not fall 

within the definition of ‘‘essential 

travel’’ for purposes of this 

Notification— 

• Individuals traveling for tourism 

purposes (e.g., sightseeing, recreation, 

gambling, or attending cultural events). 

At this time, this Notification does not 

apply to air, freight rail, or sea travel 

between the United States and Canada, 

but does apply to passenger rail, 

passenger ferry travel, and pleasure boat 

travel between the United States and 

Canada. These restrictions are 

temporary in nature and shall remain in 

effect until 11:59 p.m. EDT on 

September 21, 2021. This Notification 

may be amended or rescinded prior to 

that time, based on circumstances 

associated with the specific threat. In 

coordination with public health and 

medical experts, DHS continues 

working closely with its partners across 

the United States and internationally to 

determine how to safely and sustainably 

resume normal travel. 

The Commissioner of U.S. Customs 

and Border Protection (CBP) is hereby 

directed to prepare and distribute 

appropriate guidance to CBP personnel 

on the continued implementation of the 

temporary measures set forth in this 

Notification. The CBP Commissioner 

may determine that other forms of 

travel, such as travel in furtherance of 

economic stability or social order, 

constitute ‘‘essential travel’’ under this 

Notification. Further, the CBP 

Commissioner may, on an 

individualized basis and for 

humanitarian reasons or for other 

purposes in the national interest, permit 

the processing of travelers to the United 

States not engaged in ‘‘essential travel.’’ 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2021–18060 Filed 8–20–21; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2020–0647] 

RIN 1625–AA09 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway, Point 

Pleasant, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation that governs the Route 88 

(Veterans Memorial) Bridge and Route 

13 (Lovelandtown) Bridge across the 

NJICW at Point Pleasant Canal, mile 3.0 

and 3.9, respectively at Point Pleasant, 

NJ. The final rule allows the 

drawbridges to be maintained in the 

closed position overnight. 

DATES: The rule is effective September 

22, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2020– 

0647. 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 proposed 

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 Intracoastal Waterway 

II. Background, Purpose and Legal 

Basis 

On March 26, 2021, we published a 

noticed of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; New Jersey Intracoastal 

Waterway, Point Pleasant, NJ in the 

Federal Register (86 FR 16153). We 

received no comments on this rule. The 

Route 88 (Veterans Memorial) Bridge 

across the NJICW at Point Pleasant 

Canal, mile 3.0, at Point Pleasant, NJ, 

has a vertical clearance of 10 feet above 

mean high water in the closed-tonavigation position. The bridge 

currently operates under 33 CFR 117.5. 

The Route 13 (Lovelandtown) Bridge 

across the NJICW at Point Pleasant 

Canal, mile 3.9, at Point Pleasant, NJ, 

has a vertical clearance of 30 feet above 

mean high water in the closed-tonavigation position. The bridge 

currently operates under 33 CFR 117.5. 

The Point Pleasant Canal is used 

predominately by recreational vessels 

and pleasure craft. The three-year 

average number of bridge openings, 

maximum number of bridge openings, 

and bridge openings between 11 p.m. to 

7 a.m., by month and overall for August 

2017, through August 2020, as drawn 

from the data contained in the bridge 

tender logs, is presented below. There is 

a monthly average of two bridge 

openings for each bridge, from 11 p.m. 

to 7 a.m., from August 2017 to August 

2020. 

Month Average 

openings 

Maximum 

openings 

Average 

openings 

11 p.m.–7 a.m. 

January ............................................................................................................................................ 4 14 0 

February ........................................................................................................................................... 2 7 0 

March ............................................................................................................................................... 7 21 0 

April .................................................................................................................................................. 24 72 2 

May .................................................................................................................................................. 51 154 6 

June ................................................................................................................................................. 74 223 18 

July ................................................................................................................................................... 125 376 20 

August .............................................................................................................................................. 101 407 20 

September ....................................................................................................................................... 63 190 8 

October ............................................................................................................................................ 51 155 6 

November ........................................................................................................................................ 29 89 7 

December ........................................................................................................................................ 16 49 1 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46967 

III. Discussion of Final Rule 

The bridge owner requested to modify 

the operating regulation for the bridges, 

due to the limited number of requested 

openings of the bridges from 11 p.m. to 

7 a.m., over a period of approximately 

three years. The data presented in the 

table above demonstrates that the 

requested modification may be 

implemented with de minimis impact to 

navigation. The modification will allow 

the drawbridges to be maintained in the 

closed position from 11:01 p.m. to 6:59 

a.m. and shall open on signal, if at least 

four hours advance notice is given. 

IV. Regulatory Analyses 

We developed this 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 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. 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. This regulatory action 

determination is based on the fact that 

an average of only two bridge openings 

occurred per month from 11 p.m. to 7 

a.m., from August 2017 through August 

2020. 

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 

would not have a significant economic 

impact on a substantial number of small 

entities. 

While some owners or operators of 

vessels intending to transit the bridges 

may be small entities, for the reasons 

stated in section IV.A above this 

proposed rule would 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 proposed 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. 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 would call 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 would 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. Normally 

such actions are 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; 

DHS Delegation No. 0170.1. 

■ 2. Revise § 117.733 as follows: 

■ a. Remove paragraphs (i) and (k); 

■ b. Redesignate paragraph (j) as 

paragraph (k); 

■ c. Redesignate paragraphs (b) through 

(h) as (d) through (i), and; 

■ d. Add new paragraphs (b) and (c). 

The additions read as follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(b) The draw of the Route 88 Bridge, 

mile 3.0, across Point Pleasant Canal at 

Point Pleasant, shall operate as follows: 

(1) From 7 a.m. to 11 p.m. the draw 

shall open on signal. 


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46968 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

(2) From 11:01 p.m. to 6:59 a.m. the 

draw shall open on signal, if at least 

four hours advance notice is given. 

(c) The draw of the Route 13 Bridge, 

mile 3.9, across Point Pleasant Canal at 

Point Pleasant, shall operate as follows: 

(1) From 7 a.m. to 11 p.m. the draw 

shall open on signal. 

(2) From 11:01 p.m. to 6:59 a.m. the 

draw shall open on signal, if at least 

four hours advance notice is given. 

* * * * * 

Dated: August 9, 2021. 

L.M. Dickey, 

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

Fifth Coast Guard District. 

[FR Doc. 2021–18063 Filed 8–20–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0338] 

RIN 1625–AA00 

Safety Zone; Barge Big Digger and 

Tugs Kimberly Anne and Andrew J 

Operating in the Straits of Mackinac, 

MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comment. 

SUMMARY: This rule amends an earlier 

safety zone titled ‘‘Safety Zone; Tugs 

Kimberly Anne and Westwind and 

Barge Big Digger Operating in the Straits 

of Mackinac, MI’’ issued on May 26, 

2021, because one of the tug vessels 

named in the earlier rule has changed. 

The size, duration, and purpose of the 

safety zone remains the same. This rule 

continues to restrict entry into a 500- 

yard radius around two tugs and a barge 

engaged in pipeline-related work in the 

Straits of Mackinac. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from the 

potential hazards created by the work, 

inspection, diving, and surveying of 

pipelines in the Straits of Mackinac. 

DATES: This interim rule is effective 

without actual notice from August 23, 

2021 through October 15, 2021. 

Comments and related material must be 

received by the Coast Guard on or before 

September 22, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0338 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Deaven Palenzuela, Sector 

Sault Sainte Marie Waterways 

Management Division, U.S. Coast Guard 

at (906) 635–3223 or email 

ssmprevention@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Abbreviations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On May 26, 2021, the Coast Guard 

published a temporary interim rule, at 

86 FR 28268, that established a 

temporary safety zone around the tug 

vessels KIMBERLY ANNE and 

WESTWIND, as well as barge BIG 

DIGGER. This safety zone is needed to 

protect personnel, vessels, and the 

marine environment from the potential 

hazards created by the work, inspection, 

diving, and surveying of pipelines in the 

Straits of Mackinac. In July 2021, the 

construction company notified the Coast 

Guard that it needed to switch out the 

tug vessel WESTWIND for the tug vessel 

ANDREW J. This interim rule amends 

the existing safety zone to remove the 

name of the tug vessel WESTWIND and 

replace it with the name of the tug 

ANDREW J. 

The Coast Guard is issuing this 

temporary interim rule without 

undergoing notice and comment 

procedures pursuant to 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 public 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 doing so would be 

impracticable and unnecessary. The 

pipeline work is ongoing and the barge 

is on site, and the unexpected switch of 

attending tug vessel did not allow time 

for meaningful public comment before 

making the change. Moreover, the 

change to the specific tug vessel 

attending the barge BIG DIGGER does 

not change the scope, timing, or other 

details of the ongoing work, and is 

therefore of little interest to the public. 

Because this safety zone will be in 

place until October 15, however, there 

is time to provide a 30-day public 

comment period after the effective date 

of this rule. The Coast Guard will 

consider all public comments received, 

and may change the rule in response to 

comments if doing so is appropriate. 

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. For the same reasons 

discussed above, delaying the effective 

date of this rule would be impracticable 

and unnecessary. 

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 Sault Sainte Marie 

(COTP) has determined that potential 

hazards created by the work, inspection, 

diving, and surveying of underwater 

infrastructure in the Straits of Mackinac 

that started June 1, 2021, will be a safety 

concern for anyone within a 500-yard 

radius of the tugs and barge. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the operation is conducted. 

III. Discussion of the Rule 

This rule revises an existing safety 

zone that is anticipated to continue 

until October 15, 2021. The safety zone 

continues to cover all navigable waters 

within 500 yards of the barge BIG 

DIGGER and its attending tugs, which 

are being used to work, inspect, dive, 

and survey pipelines in the Straits of 

Mackinac. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the operation is 

conducted. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The only change this rule makes to the 

existing safety zone is a change to the 

specific tug named. 

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 protesters. 

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 


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