2256 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

Executive Orders 12866 and 13771 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 or Executive Order 13771 

because it pertains to a foreign affairs 

function of the United States, as 

described above, and therefore is 

specifically exempted by section 3(d)(2) 

of Executive Order 12866 and section 

4(a) of Executive Order 13771. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1) 

pertaining to the Secretary of the 

Treasury’s authority (or that of his/her 

delegate) to approve regulations related 

to customs revenue functions. 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise, and Reporting and 

recordkeeping requirements. 

Amendments to the CBP Regulations 

For the reasons set forth above, part 

12 of title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below: 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read 

as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

§ 12.104g [Amended] 

■ 2. In § 12.104g, amend the table in 

paragraph (a), in the entry for Italy, by 

removing the words ‘‘CBP Dec. 16–02’’ 

and adding in their place the words 

‘‘CBP Dec. 21–01’’. 

Mark A. Morgan, the Chief Operating 

Officer and Senior Official Performing 

the Duties of the Commissioner, having 

reviewed and approved this document, 

is delegating the authority to 

electronically sign this notice document 

to Robert F. Altneu, who is the Director 

of the Regulations and Disclosure Law 

Division for CBP, for purposes of 

publication in the Federal Register. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

Approved: January 7, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2021–00499 Filed 1–11–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2020–0652] 

RIN 1625–AA87 

Security Zone; Potomac River and 

Anacostia River, and Adjacent Waters; 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Enforcement of 

Regulation. 

SUMMARY: The Coast Guard will enforce 

a security zone along the Potomac River 

and Anacostia River, and adjacent 

waters at Washington, DC, for activities 

associated with the 59th Presidential 

Inauguration. The zone will be enforced 

on the days leading up to and through 

the cessation of activities associated 

with the 59th Presidential Inauguration 

taking place on January 20, 2021. This 

action is necessary to protect 

government officials, mitigate potential 

terrorist acts and incidents, and enhance 

public and maritime safety and security 

immediately before, during, and after 

these activities. During the enforcement 

period, entry into or remaining within 

the zone is prohibited unless authorized 

by the Captain of the Port or his 

designated representative. 

DATES: The regulations in 33 CFR 

165.508 will be enforced from 8 a.m. on 

January 17, 2021, through 8 a.m. on 

January 25, 2021, for the zone identified 

in 33 CFR 165.508(a)(6). 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Shaun 

Landante, U.S. Coast Guard Sector 

Maryland-National Capital Region 

(Waterways Management Division); 

telephone 410–576–2570, email 

Shaun.C.Landante@uscg.mil. 

SUPPLEMENTARY INFORMATION: On 

October 2, 2020, the Coast Guard was 

notified by the event organizer that the 

anticipated dates for the activities 

associated with the 59th Presidential 

Inauguration are scheduled from 

January 17, 2021, to January 25, 2021. 

The Coast Guard will enforce 

regulations in 33 CFR 165.508 for the 

zone identified in paragraph (a)(6). This 

action is being taken to protect 

government officials, mitigate potential 

terrorist acts and incidents, and enhance 

public and maritime safety and security 

immediately before, during, and after 

this event. 

Our regulations for Security Zone; 

Potomac River and Anacostia River, and 

adjacent waters; Washington, DC, 

§ 165.508, specifies the location for this 

security zone as an area that includes all 

navigable waters described in 

paragraphs (a)(1) through (a)(3). This 

zone includes (1) Security Zone 1; all 

navigable waters of the Potomac River, 

from shoreline to shoreline, bounded to 

the north by the Francis Scott Key (US– 

29) Bridge, at mile 113, and bounded to 

the south by a line drawn from the 

Virginia shoreline at Ronald Reagan 

Washington National Airport, at 

38°51′21.3′′ N, 077°02′00.0′′ W, eastward 

across the Potomac River to the District 

of Columbia shoreline at Hains Point at 

position 38°51′24.3′′ N, 077°01′19.8′′ W, 

including the waters of the Boundary 

Channel, Pentagon Lagoon, Georgetown 

Channel Tidal Basin, and Roaches Run. 

(2) Security Zone 2; all navigable waters 

of the Anacostia River, from shoreline to 

shoreline, bounded to the north by the 

John Philip Sousa (Pennsylvania 

Avenue) Bridge, at mile 2.9, and 

bounded to the south by a line drawn 

from the District of Columbia shoreline 

at Hains Point at position 38°51′24.3′′ N, 

077°01′19.8′′ W, southward across the 

Anacostia River to the District of 

Columbia shoreline at Giesboro Point at 

position 38°50′52.4′′ N, 077°01′10.9′′ W, 

including the waters of the Washington 

Channel. (3) Security Zone 3 all 

navigable waters of the Potomac River, 

from shoreline to shoreline, bounded to 

the north by a line drawn from the 

Virginia shoreline at Ronald Reagan 

Washington National Airport, at 

38°51′21.3′′ N, 077°02′00.0′′ W, eastward 

across the Potomac River to the District 

of Columbia shoreline at Hains Point at 

position 38°51′24.3′′ N, 077°01′19.8′′ W, 

thence southward across the Anacostia 

River to the District of Columbia 

shoreline at Giesboro Point at position 

38°50′52.4′′ N, 077°01′10.9′′ W, and 

bounded to the south by the Woodrow 

Wilson Memorial (I–95/I–495) Bridge, at 

mile 103.8. 

As specified in § 165.508 (b), during 

the enforcement period, entry into or 

remaining in the zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port Maryland-National 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 2257 

1Some non-Federal entities and commenters 

argued that the Department lacked the legal 

authority to promulgate existing § 75.300(c) and (d). 

While the Department is concerned about its 

statutory authority for these existing provisions, it 

does not need to resolve the issue definitively 

because the Department believes that amending 

these provisions is warranted in light of the other 

reasons set forth in this preamble. 

2The final rule also does not repromulgate, and 

removes, § 75.101(f); with the amendments to 

§ 75.300(c) and (d), the provision is not necessary. 

Capital Region. Public vessels and 

vessels already at berth at the time the 

security zone is implemented do not 

have to depart the security zone. All 

vessels underway within the security 

zone at the time it is implemented are 

to depart the zone at the time the 

security zone is implemented. To seek 

permission to transit the zone, the 

Captain of the Port Maryland-National 

Capital Region can be contacted at 

telephone number (410) 576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). Coast Guard vessels 

enforcing this zone can be contacted on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard may 

be assisted by other Federal, state or 

local law enforcement agencies in 

enforcing this regulation. If the Captain 

of the Port or his designated on-scene 

patrol personnel determines the security 

zone need not be enforced for the full 

duration stated in this notice, a 

Broadcast Notice to Mariners may be 

used to suspend enforcement and grant 

general permission to enter the security 

zone. 

This notice of enforcement is issued 

under authority of 33 CFR 165.508 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: December 28, 2020. 

Joseph B. Loring, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2020–28985 Filed 1–11–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 75 

RIN 0991–AC16 

Health and Human Services Grants 

Regulation 

AGENCY: Office of the Assistant 

Secretary for Financial Resources, 

Department of Health and Human 

Services. 

ACTION: Final rule. 

SUMMARY: This final rule repromulgates 

and adopts changes to certain 

provisions in the Department’s Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

HHS awards (UAR). This rule 

repromulgates sections of the UAR 

dealing with payments, access to 

records, indirect allowable cost 

requirements, and a portion of the 

provision dealing with shared 

responsibility payments under the 

Affordable Care Act. This rule also 

amends sections dealing with national 

policy requirements to bring them into 

compliance with the authority under 

which the UAR is promulgated and 

OMB guidance, as well as to reflect 

those nondiscrimination requirements 

that have been adopted by Congress. 

DATES: This rule is effective February 

11, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or 202–205–5904. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. Statutory Authority 

IV. Section-by-Section Description of the 

Final Rule and Response to Public 

Comments 

V. Regulatory Impact Analysis 

I. Introduction 

This rule repromulgates provisions of 

Part 75 that were originally published 

late in 2016 in a rulemaking which the 

Department had serious concerns about 

compliance with certain requirements of 

the Regulatory Flexibility Act. This rule 

also finalizes proposed changes to 

§ 75.300, on statutory and national 

policy requirements to bring them into 

alignment with the Department’s 

statutory authorities, including those 

underlying part 75. The Department is 

committed to the principle that every 

person must be treated with dignity and 

respect and afforded all of the 

protections of the Constitution and 

statutes enacted by Congress—and to 

fully enforcing such civil rights 

protections and requirements. The 

Department has determined, however, 

that the public policy requirements it 

imposed in the existing § 75.300(c) and 

(d) disrupted the balance struck by 

Congress with respect to 

nondiscrimination requirements 

applicable to grant recipients and, as 

evidenced by the requests for 

accommodations and lawsuits, will 

violate the Religious Freedom 

Restoration Act, 42 U.S.C. 2000bb– 

2000bb–4 (RFRA), in some 

circumstances.1 The Department also 

believes that these requirements have 

sowed uncertainty that, over time, could 

decrease the effectiveness of 

Department-funded programs by 

deterring participation in them. 

Given the careful balancing of rights, 

obligations, and goals in the publicprivate partnerships in Federal grant 

programs, the Department believes it 

appropriate to impose only those 

nondiscrimination requirements 

required by the Constitution and federal 

statutes applicable to the Department’s 

grantees. But such authorities do not 

support the application of some of the 

requirements in existing § 75.300(c) and 

(d) to all recipients of Departmental 

assistance or to all Department-funded 

programs. Accordingly, the Department 

revises § 75.300(c) to recognize the 

public policy requirement that 

otherwise eligible persons not be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

programs and services where such 

actions are prohibited by federal statute. 

The Department also revises § 75.300(d) 

to state clearly that the Department will 

follow all applicable Supreme Court 

decisions in the administration of the 

Department’s award programs.2

With respect to the other provisions 

in the 2016 rulemaking, the Department 

repromulgates § 75.305(a), which 

addressed the applicability of certain 

payment provisions to states; § 75.365, 

which authorized the grant agency to 

require recipients to permit public 

access to various materials produced 

under a grant, but authorized the agency 

to place restrictions on grantees’ ability 

to make public any personally 

identifiable information or other 

information that would be exempt from 

disclosure under FOIA; § 75.414(c)(1)(i) 

through (iii) and (f), which established 

limits on the amount of indirect costs 

allowable under certain types of grants; 

and § 75.477, which established that 

recipients could not include, in 

allowable costs under HHS grants, any 

tax payment imposed on an employer 

for failure to comply with the 

Affordable Care Act’s employer shared 

responsibility provisions, but does not 

repromulgate the exclusion from 

allowable costs in grants of penalties 

due for failing to comply with the 

individual shared responsibility 

provision because such tax penalty has 

been reduced to zero except for tax 

penalties associated with failure to 

maintain minimum essential coverage 

prior to January 1, 2019. 


khammond on DSKJM1Z7X2PROD with RULES