Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31165 

information is available, regardless of 

which year’s formula grant funds were 

used to support the activities being 

reported on, e.g., during a reporting 

period, activities may have been funded 

from two or more formula grant awards. 

(i) Technical assistance. States shall 

include, within their plan, a description 

of technical assistance needs. Specific 

direction regarding the development 

and inclusion of all technical assistance 

needs and priorities will be provided in 

the ‘‘Application Kit for Formula Grants 

under the JJDPA.’’ 

(j) [Reserved] 

(k) [Reserved] 

§ 31.304 Definitions. 

(a) Criminal-type offender. A juvenile 

offender who has been charged with or 

adjudicated for conduct which would, 

under the law of the jurisdiction in 

which the offense was committed, be a 

crime if committed by an adult. 

(b) Detain or confine means to hold, 

keep, or restrain a person such that he 

is not free to leave, or such that a 

reasonable person would believe that he 

is not free to leave, except that a 

juvenile held by law enforcement solely 

for the purpose of returning him to his 

parent or guardian or pending his 

transfer to the custody of a child welfare 

or social service agency is not detained 

or confined within the meaning of this 

definition. 

(c) Facility. A place, an institution, a 

building or part thereof, set of buildings 

or an area whether or not enclosing a 

building or set of buildings which is 

used for the lawful custody and 

treatment of juveniles and may be 

owned and/or operated by public and 

private agencies. 

(d) Juvenile offender. An individual 

subject to the exercise of juvenile court 

jurisdiction for purposes of adjudication 

and treatment based on age and offense 

limitations by defined as State law, i.e., 

a criminal-type offender or a status 

offender. 

(e) Juvenile who has been adjudicated 

as having committed an offense. A 

juvenile with respect to whom the 

juvenile court has determined that such 

juvenile is a juvenile offender, i.e., a 

criminal-type offender or a status 

offender. 

(f) Juvenile who is accused of having 

committed an offense. A juvenile with 

respect to whom a petition has been 

filed in the juvenile court or other 

action has occurred alleging that such 

juvenile is a juvenile offender, i.e., a 

criminal-type offender or a status 

offender, and no final adjudication has 

been made by the juvenile court. 

(g) Lawful custody. The exercise of 

care, supervision and control over a 

juvenile offender or non-offender 

pursuant to the provisions of the law or 

of a judicial order or decree. 

(h) Local private agency. For the 

purposes of the pass-through 

requirement of section 223(a)(5), a local 

private agency is defined as a private 

non-profit agency or organization that 

provides program services within an 

identifiable unit or a combination of 

units of general local government. 

(i) Non-offender. A juvenile who is 

subject to the jurisdiction of the juvenile 

court, usually under abuse, dependency, 

or neglect statutes for reasons other than 

legally prohibited conduct of the 

juvenile. 

(j) Other individual accused of having 

committed a criminal offense. An 

individual, adult or juvenile, who has 

been charged with committing a 

criminal offense in a court exercising 

criminal jurisdiction. 

(k) Other individual convicted of a 

criminal offense. An individual, adult or 

juvenile, who has been convicted of a 

criminal offense in court exercising 

criminal jurisdiction. 

(l) Private agency. A private nonprofit agency, organization or institution 

is: 

(1) Any corporation, foundation, trust, 

association, cooperative, or accredited 

institution of higher education not 

under public supervision or control; and 

(2) Any other agency, organization or 

institution which operates primarily for 

scientific, education, service, charitable, 

or similar public purposes, but which is 

not under public supervision or control, 

and no part of the net earnings of which 

inures or may lawfully inure to the 

benefit of any private shareholder or 

individual, and which has been held by 

IRS to be tax-exempt under the 

provisions of section 501(c)(3) of the 

1954 Internal Revenue Code. 

(m) Secure. As used to define a 

detention or correctional facility this 

term includes residential facilities 

which include construction features 

designed to physically restrict the 

movements and activities of persons in 

custody such as locked rooms and 

buildings, fences, or other physical 

structures. It does not include facilities 

where physical restriction of movement 

or activity is provided solely through 

facility staff. 

General Conditions and Assurances 

§ 31.400 [Reserved] 

§ 31.401 [Reserved] 

§ 31.402 Application on file. 

Any Federal funds awarded pursuant 

to an application must be distributed 

and expended pursuant to and in 

accordance with the programs contained 

in the applicant State’s current 

approved application. Any departures 

therefrom, other than to the extent 

permitted by current program and fiscal 

regulations and guidelines, must be 

submitted for advance approval by the 

Administrator of OJJDP. 

§ 31.403 [Reserved] 

§ 31.404 [Reserved] 

Dated: May 12, 2021. 

Maureen A. Henneberg, 

Acting Assistant Attorney General, Office of 

Justice Programs. 

[FR Doc. 2021–10435 Filed 6–10–21; 8:45 am] 

BILLING CODE 4410–18–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

29 CFR Part 2204 

Rules Implementing the Equal Access 

to Justice Act; Correction 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Correcting amendment. 

SUMMARY: This document corrects the 

final rule published by the Occupational 

Safety and Health Review Commission 

in the Federal Register on May 17, 

2021. That rule revised the 

Occupational Safety and Health Review 

Commission’s rules implementing the 

Equal Access to Justice Act. 

DATES: Effective June 11, 2021 

FOR FURTHER INFORMATION CONTACT: 

Carter Tellinghuisen, Attorney-Advisor, 

Office of the General Counsel, by 

telephone at (202) 606–5410 ext. 211, by 

email at ctellinghuisen@oshrc.gov, or by 

mail at 1120 20th Street NW, Ninth 

Floor, Washington, DC 20036–3457. 

SUPPLEMENTARY INFORMATION: OSHRC 

published revisions to its rules 

implementing the Equal Access to 

Justice Act on May 17, 2021 (86 FR 

26658). This document makes a 

correction to the final rule. 

List of Subjects in 29 CFR Part 2204 

Administrative practice and 

procedure, Equal access to justice. 

Accordingly, 29 CFR part 2204 is 

amended by making the following 

correcting amendments: 


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31166 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

PART 2204—IMPLEMENTATION OF 

THE EQUAL ACCESS TO JUSTICE 

ACT IN PROCEEDINGS BEFORE THE 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

■ 1. The authority citation for part 2204 

continues to read as follows: 

Authority: 5 U.S.C. 504. 

■ 2. In § 2204.302, revise paragraph (a) 

to read as follows: 

§ 2204.302 Net worth exhibit. 

(a) Each applicant except a qualified 

tax-exempt organization, cooperative 

association, or, in the case of an 

application for an award related to an 

allegedly excessive demand by the 

Secretary, a small entity as that term is 

defined by 5 U.S.C. 601(6), shall provide 

with its application a detailed exhibit 

showing the net worth of the applicant 

as required by § 2204.301(c) when the 

proceeding was initiated. The exhibit 

may be in any form convenient to the 

applicant that provides full disclosure 

of the applicant’s assets and liabilities 

and is sufficient to determine whether 

the applicant qualifies as a party as 

defined in § 2204.201. The judge or 

Commission may require an applicant to 

file additional information to determine 

its eligibility for an award. 

* * * * * 

Cynthia L. Attwood, 

Chairman. 

Amanda Wood Laihow, 

Commissioner. 

[FR Doc. 2021–11906 Filed 6–10–21; 8:45 am] 

BILLING CODE 7600–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2019–0785] 

RIN 1625–AA11 

Regulated Navigation Areas; Harbor 

Entrances Along the Coast of Northern 

California 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the Regulated Navigation Area (RNA) at 

the harbor bar entrance to Crescent City 

Harbor. This document will update 

inapplicable coordinates of the area and 

replace with updated coordinates. 

DATES: This rule is effective July 12, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2019– 

0785 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 about this 

rulemaking, call or email Lieutenant 

Marcia Medina, Coast Guard District 11 

Waterways Office; telephone 510–437– 

2978, email Marcia.A.Medina@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NOAA National Oceanic and Atmospheric 

Administration 

NPRM Notice of proposed rulemaking 

OMB Office of Management and Budget 

RNA Regulated Navigation Area 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On July 17, 2020, the Coast Guard 

published a final rule titled ‘‘Regulated 

Navigation Area: Harbor Entrances 

Along the Coast of Northern California’’ 

at 85 FR 43437 that added 33 CFR 

165.1196. That rule established a RNA 

at the harbor entrance of Crescent City, 

California. Since publishing the 

previous rule, the Eleventh Coast Guard 

District was contacted by the National 

Oceanographic and Atmospheric 

Administration (NOAA) Marine Chart 

Division, part of the Nautical Data 

Branch of the Office of Coast Survey of 

the National Ocean Service. The NOAA 

Marine Chart Division brought to the 

Coast Guard’s attention that the 

geographic coordinates for the RNA at 

the harbor entrance of Crescent City 

appeared to incorrectly capture the 

entirety of the harbor entrance. The 

Coast Guard agreed, and worked with 

the NOAA Marine Chart Division to 

develop new coordinates that properly 

capture the entirety of the harbor 

entrance of Crescent City. On November 

30, 2020, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled ‘‘Regulated Navigation Areas; 

Harbor Entrances Along the Coast of 

Northern California’’ (85 FR 76502). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to the 

update of the geographic coordinates of 

the harbor entrance of Crescent City. 

During the comment period that ended 

December 30, 2020, we received no 

comments. 

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 

Commander of the Eleventh Coast 

Guard District has determined that there 

is a need to amend the Regulated 

Navigation Area: Harbor Entrances 

along the Coast of Northern California at 

33 CFR 165.1196 to update the 

geographic coordinates of the harbor 

entrance to Crescent City. 

IV. Discussion of Comments, Changes 

and the Rule 

As noted above, we received no 

comments on our NPRM published on 

November 30, 2020. 

This rule corrects the geographic 

coordinates listed in the RNA of the 

harbor entrance to Crescent City. The 

updated coordinates do not materially 

affect the size or the general geographic 

location of the RNA. Instead, the 

updated coordinates correct an issue 

raised by the NOAA Marine Chart 

Division. Specifically, the updated 

coordinates fully and properly capture 

the entirety of the harbor entrance to 

Crescent City. 

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 limited economic impact 

of this rule’s amendment. The final rule 

will merely update geographic 

coordinates. It has no bearing on the 

impact or the effective period of the 

current RNA. 

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 


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