11426 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

DEPARTMENT OF LABOR 

Office of the Secretary 

29 CFR Part 18 

RIN 1290–AA36 

Rules of Practice and Procedure for 

Administrative Hearings Before the 

Office of Administrative Law Judges 

AGENCY: Office of the Secretary, 

Department of Labor. 

ACTION: Direct final rule; withdrawal. 

SUMMARY: Due to the receipt of 

significant adverse comment, the 

Department of Labor is withdrawing the 

January 11, 2021 direct final rule (DFR) 

that would have provided for electronic 

filing (e-filing) and electronic service (eservice) of papers, required e-filing for 

persons represented by attorneys or 

non-attorney representatives unless 

good cause is shown justifying a 

different form of filing, and required 

advance notice to the parties of the 

manner of a hearing or prehearing 

conference. 

DATES: Effective February 25, 2021, the 

direct final rule published at 86 FR 1800 

on January 11, 2021, is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Todd Smyth, General Counsel, U.S. 

Department of Labor, Office of 

Administrative Law Judges, 800 K Street 

NW, Washington, DC 20001–8002; 

telephone (513) 684–3252. Individuals 

with hearing or speech impairments 

may access the telephone number above 

by TTY by calling the toll-free Federal 

Information Relay Service at (800) 877– 

8339. 

SUPPLEMENTARY INFORMATION: In the 

DFR, the Department stated that if a 

significant adverse comment was 

submitted by February 10, 2021, the 

Department would publish a timely 

withdrawal in the Federal Register 

informing the public that the DFR will 

not take effect. The Department also 

issued an identical notice of proposed 

rulemaking (NPRM) on the same day (86 

FR 1862). The Department received 

significant adverse comment prior to the 

close of the comment period and is 

therefore withdrawing the DFR. The 

Department also received a request to 

extend the comment period and will 

reopen the comment period for the 

NPRM for 15 days in a future document. 

In issuing a final action, the Department 

will consider comments received on the 

DFR and NPRM during the initial 

comment period as well as comments 

received during the subsequent 

comment period. The Department will 

also provide at least 30 days’ notice 

between promulgating a final rule that 

requires e-filing and the date on which 

e-filing will become mandatory under 

such a rule. Furthermore, the 

Department notes that several comments 

raised concerns with the Department’s 

electronic filing system and not the 

requirements of the proposed or direct 

final rules. To better understand and 

address these concerns, the Department 

plans to hold listening sessions during 

the coming weeks for users to provide 

feedback on the system. Information 

about those sessions will be announced 

at https://efile.dol.gov. 

List of Subjects in 29 CFR Part 18 

Administrative practice and 

procedure, Labor. 

PART 18—RULES OF PRACTICE AND 

PROCEDURE FOR ADMINISTRATIVE 

HEARINGS BEFORE THE OFFICE OF 

ADMINISTRATIVE LAW JUDGES 

Accordingly, the amendments to 29 

CFR part 18, published in the Federal 

Register on January 11, 2021 (86 FR 

1800), are withdrawn as of February 25, 

2021. 

Milton A. Stewart, 

Acting Secretary of Labor. 

[FR Doc. 2021–04005 Filed 2–23–21; 4:15 pm] 

BILLING CODE 4510–HW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0098] 

RIN 1625–AA00 

Safety Zone; Ohio River, New 

Richmond, OH 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zone for 

all navigable waters of the Ohio River 

from mile marker (MM) 452.0 to MM 

454.0 near New Richmond, OH. This 

action is necessary to provide for the 

safety of life on these navigable waters 

near New Richmond, OH, during a 

demolition project. Entry into, transiting 

through, or anchoring within this zone 

is prohibited unless authorized by the 

Captain of the Port Sector Ohio Valley 

(COTP) or a designated representative. 

DATES: This rule is effective on February 

26, 2021 through February 28, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0098 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 MST1 Matthew Roberts, 

Waterways Department Marine Safety 

Detachment Cincinnati, U.S. Coast 

Guard; telephone 513–921–9033, email 

msdcincinnati@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 not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable and contrary 

to the public interest. On February 15, 

2021, the Coast Guard was notified of a 

demolition event that will take place on 

the Ohio River, between Mile Marker 

(MM) 452.0 to MM 454.0 near New 

Richmond, OH from 9:30 a.m. through 

10:30 a.m. on February 26, 2021 or if 

inclement weather is present the 

demotion event will take place on 

February 27, 2021 or February 28, 2021, 

from 9:30 a.m. through 10:30 a.m. 

Notice of the demolition event did not 

give the Coast Guard enough time to 

publish an NPRM, take public 

comments, and issue a final rule before 

the demolition work is set to begin. It 

would be impracticable and contrary to 

the public interest to delay 

promulgating this rule as it is necessary 

to establish this safety zone on February 

26, 2021 to protect the safety of anyone 

within a two mile radius of the area 

associated with the demolition. Under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11427 

rule effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest because immediate 

action is necessary to respond to the 

potential safety hazards associated with 

the demolition. 

III. Legal Authority and Need for Rule 

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 Ohio Valley (COTP) 

has determined that potential hazards 

associated with the demolition occuring 

on February 26, 2021, will be a safety 

concern for anyone near the demolition 

site. The purpose of this rule is to 

ensure safety of vessels and the 

navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:30 a.m. through 10:30 a.m. on 

February 26, 2021. The back up dates 

will be February 27, 2021 or February 

28, 2021, from 9:30 a.m. through 10:30 

a.m. The temporary safety zone would 

cover all navigable waters on the Ohio 

River extending from MM 452.0 to MM 

454.0 near New Richmond, OH. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 9:30 a.m. through 

10:30 a.m. demolition. No vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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. 

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). 

This regulatory action determination 

is based on the size, location, and 

duration of the temporary safety zone. 

The temporary safety zone would only 

be in effect for 1 hour and limit access 

to a two-mile stretch of the Ohio River 

near New Richmond, OH. The Coast 

Guard expects minimum adverse impact 

to mariners. Also, mariners would be 

permitted to request authorization from 

the COTP or a designated representative 

to transit the temporary safety zone. 

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 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 safety 

zone 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 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 

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 a safety 

zone lasting 1 hour, which would 

prohibit entry within a 2-mile stretch of 

the Ohio River near New Richmond, 

OH. It is categorically excluded from 

further review under paragraph L60(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, 

11428 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0098 to read as 

follows: 

§ 165.T08–0098 Safety Zone; Ohio River, 

New Richmond, OH. 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters of the Ohio River between MM 

452.0 to MM 454.0 in New Richmond, 

OH. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Ohio Valley (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

a designated representative. Persons or 

vessels desiring to enter into or pass 

through the zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM radio channel 16 

or phone at 1–800–253–7465. 

(2) Persons and vessels permitted to 

enter this safety zone must transit at the 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

a designated representative. 

(d) Enforcement period. This section 

will be enforced from 9:30 a.m. until 

10:30 a.m. on February 26, 2021. The 

back up dates will be February 27, 2021 

or February 28, 2021, from 9:30 a.m. 

until 10:30 a.m. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners and the 

Local Notice to Mariners of the 

enforcement period for the temporary 

safety zone as well as any changes in the 

planned schedule. 

Dated: February 19, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–03974 Filed 2–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 411, 412, 414, 416, 

419, 482, 485, 512 

[CMS–1736–CN] 

RIN 0938–AU12 

Medicare Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems and 

Quality Reporting Programs; New 

Categories for Hospital Outpatient 

Department Prior Authorization 

Process; Clinical Laboratory Fee 

Schedule: Laboratory Date of Service 

Policy; Overall Hospital Quality Star 

Rating Methodology; Physician-Owned 

Hospitals; Notice of Closure of Two 

Teaching Hospitals and Opportunity 

To Apply for Available Slots; Radiation 

Oncology Model; and Reporting 

Requirements for Hospitals and 

Critical Access Hospitals (CAHs) to 

Report COVID–19 Therapeutic 

Inventory and Usage and To Report 

Acute Respiratory Illness During the 

Public Health Emergency (PHE) for 

Coronavirus Disease 2019 (COVID–19); 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Health and 

Human Services (HHS). 

ACTION: Final rule with comment period 

and interim final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule with comment period and 

interim final rule with comment period 

published in the Federal Register on 

December 29, 2020, titled ‘‘Hospital 

Outpatient Prospective Payment and 

Ambulatory Surgical Center Payment 

Systems and Quality Reporting 

Programs; New Categories for Hospital 

Outpatient Department Prior 

Authorization Process; Clinical 

Laboratory Fee Schedule: Laboratory 

Date of Service Policy; Overall Hospital 

Quality Star Rating Methodology; 

Physician-owned Hospitals; Notice of 

Closure of Two Teaching Hospitals and 

Opportunity To Apply for Available 

Slots; Radiation Oncology Model; and 

Reporting Requirements for Hospitals 

and Critical Access Hospitals (CAHs) to 

Report COVID–19 Therapeutic 

Inventory and Usage and to Report 

Acute Respiratory Illness During the 

Public Health Emergency (PHE) for 

Coronavirus Disease 2019 (COVID–19)’’. 

DATES: Effective date: This correction is 

effective February 25, 2021. 

Applicability date: The corrections in 

this correcting document are applicable 

beginning January 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Elise Barringer via email 

Elise.Barringer@cms.hhs.gov or at (410) 

786–9222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2020–26819 of December 

29, 2020 (85 FR 85866), there were a 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section 

below. The corrections in this correction 

document are applicable as if they had 

been included in the document that was 

issued on December 4, 2020, and 

published December 29, 2020. 

Accordingly, each correction is 

applicable on January 1, 2021. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On page 85987 of the ‘‘OPPS APCSpecific Policies’’ section, we 

inadvertently omitted a summary of a 

public comment and response related to 

existing CPT codes 0607T and 0608T. 

Therefore, we are adding a new 

subsection titled ‘‘31. Other Procedures/ 

Services’’ that includes a summary of 

this public comment and our response. 

On page 86033, we are correcting an 

inadvertent reference to the quarter for 

which ASP data will be used to 

calculate payment rates for HCPCS 

codes for separately payable drugs and 

biologicals included in Addenda A and 

B: It is the second quarter of CY 2020, 

not the third quarter of CY 2020. 

On Page 86035, we inadvertently 

referred to CY 2018, rather than CY