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Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations
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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 Governments 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 Departments ability to provide timely guidance on which the public can confidently rely. Therefore, in accordance with President Bidens 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 Departments policies and requirements surrounding guidance are purely internal matters of agency management, as well as the agencys 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. 553a2, 553bA.
Furthermore, because this rule is procedural rather than substantive, the normal requirement of 5 U.S.C. 553d 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
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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. 202101746 Filed 12221; 4:15 pm BILLING CODE 4510HLP

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 117
Docket No. USCG20190911

Drawbridge Operation Regulation;
Mobile River, Hurricane, AL
Coast Guard, DHS.
Notice of temporary deviation from regulations; request for comments.

AGENCY:
ACTION:

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.

SUMMARY:

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
20190911 using Federal eRulemaking Portal at https www.regulations.gov.
DATES:

PO 00000

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See the Public Participation and Request for Comments portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.
If you have questions on this test deviation, call or email Mr. Doug Blakemore. Eighth Coast Guard District Bridge Administration Branch Chief;
telephone 504 6712128, email Douglas.A.Blakemore@uscg.mil.

FOR FURTHER INFORMATION CONTACT:

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 bridges 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 117.35e, 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.

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