Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 11309 

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 actions taken to 

disestablish a safety zone are not 

considered a significant regulatory 

action. 

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 bridge 

may be small entities, for the reasons 

stated in section V.A above this final 

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 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 

removing a safety zone that was 

established for bridge construction 

operations that have since been 

completed. It is categorically excluded 

from further review under paragraph 

L60(b) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. For instructions on locating the 

docket, 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. 00170.1, Revision No. 01.2. 

§ 165.161 [Removed] 

■ 2. Remove § 165.161. 

Dated: February 15, 2022. 

Z. Merchant, 

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

Port New York. 

[FR Doc. 2022–04278 Filed 2–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 81 

[Docket ID ED–2021–OFO–0121] 

RIN 1880–AA91 

Standardizing Filing Procedures for 

Administrative Appeals; Correction 

AGENCY: Office of Finance and 

Operations, Department of Education. 

ACTION: Technical amendment. 

SUMMARY: On September 23, 2021, the 

Department of Education published in 

the Federal Register final regulations for 

Standardizing Filing Procedures for 

Administrative Appeals. This document 

corrects an error to the regulatory text in 

the final regulations. 

DATES: The correction to these final 

regulations is effective March 1, 2022. 


jspears on DSK121TN23PROD with RULES1
11310 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

George Abbott, 400 Maryland Avenue 

SW, Room 10089, Potomac Center Plaza, 

Washington, DC 20202. Telephone: 

(202) 245–8300. Email: George.Abbott@

ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: This 

document corrects an error in FR Doc. 

2021–20304 that published in the 

Federal Register on September 23, 2021 

(86 FR 52829). Due to a technical error, 

paragraph (b)(3) was not added to 34 

CFR 81.20. This technical amendment 

adds paragraph (b)(3) to § 81.20. 

Waiver of Proposed Rulemaking 

In accordance with the 

Administrative Procedure Act, 5 U.S.C. 

553, it is the Secretary’s practice to offer 

interested parties the opportunity to 

comment on proposed regulations. 

However, the regulatory changes in this 

document are necessary to correct an 

error and do not establish any new 

substantive rules. Therefore, the 

Secretary has determined that 

publication of a proposed rule is 

unnecessary under 5 U.S.C. 553(b)(B). 

Accessible Format: On request to the 

contact person listed under FOR FURTHER

INFORMATION CONTACT, individuals with 

disabilities can obtain this document in 

an accessible format. The Department 

will provide the requestor with an 

accessible format that may include Rich 

Text Format (RTF) or text format (txt), 

a thumb drive, an MP3 file, braille, large 

print, audiotape, or compact disc, or 

another accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF, you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

List of Subjects in 34 CFR Part 81 

Administrative practice and 

procedure, Grant programs—education. 

Denise L. Carter, 

Acting Assistant Secretary, Office of Finance 

and Operations. 

For the reasons set out in the 

preamble to FR Doc. 2021–20304, 

published in the Federal Register on 

September 23, 2021 (86 FR 52829), the 

Department of Education makes the 

following technical amendment to 34 

CFR part 81. 

PART 81—GENERAL EDUCATION 

PROVISIONS ACT—ENFORCEMENT 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3, 1234–1234i, 

and 3474(a), unless otherwise noted. 

■ 2. Amend § 81.20 by: 

■ a. Adding paragraph (b)(3); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The addition reads as follows: 

§ 81.20 Interlocutory appeals to the 

Secretary from rulings of an ALJ. 

* * * * * 

(b) * * * 

(3)(i) The petition must be filed 

electronically, and served upon the ALJ 

and other parties, by submission to OES 

on behalf of the Office of the Secretary 

unless a party shows the Secretary good 

cause why the petition cannot be filed 

electronically. 

(ii) If the Secretary permits a party to 

file a petition in paper format, the filing 

party must file the petition with the 

Office of Hearings and Appeals (OHA) 

on behalf of the Secretary by handdelivery or regular mail. The filing party 

must provide a copy of the petition to 

the ALJ at the time the petition is filed, 

and a copy of the petition must be 

served upon the other parties by handdelivery or regular mail. 

* * * * * 

[FR Doc. 2022–04201 Filed 2–28–22; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0698; FRL–9215–02– 

R5] 

Air Plan Approval; Wisconsin; Serious 

Plan Elements for the Wisconsin 

Portion of Chicago Nonattainment 

Area for the 2008 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Wisconsin State Implementation 

Plan (SIP) to meet the volatile organic 

compound (VOC) and nitrogen oxides 

(NOX) reasonably available control 

technology (RACT), clean-fuel vehicle 

programs (CFVP), and the enhanced 

monitoring of ozone and ozone 

precursors (EMP) requirements of the 

Clean Air Act (CAA). These 

requirements apply in the Wisconsin 

portion of the Chicago-Naperville, 

Illinois-Indiana-Wisconsin 

nonattainment area (Chicago area) for 

the 2008 ozone National Ambient Air 

Quality Standards (NAAQS or 

standards). EPA proposed to approve 

this action on December 7, 2021, and 

received no comments. 

DATES: This final rule is effective on 

March 31, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0698. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Michael 

Leslie, Environmental Engineer at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 


jspears on DSK121TN23PROD with RULES1