Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15887 

PART 846—INDIVIDUAL CIVIL 

PENALTIES 

■ 9. The authority citation for part 846 

continues to read as follows: 

Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 

et seq., and 31 U.S.C. 3701. 

■ 10. In § 846.14, revise the first 

sentence of paragraph (b) to read as 

follows: 

§ 846.14 Amount of individual civil penalty. 

* * * * * 

(b) The penalty will not exceed 

$18,391 for each violation. * * * 

[FR Doc. 2022–05624 Filed 3–18–22; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0174] 

RIN 1625–AA87 

Security Zone; Cooper River Bridge 

Run, Cooper River and Town Creek 

Reaches, Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on certain waters of the Cooper River 

and Town Creek Reaches. This action is 

necessary to provide for the safety of life 

on these navigable waters near 

Charleston, South Carolina, during the 

Cooper River Bridge Run. This 

regulation prohibits persons and vessels 

from entering, transiting through, 

anchoring in, or remaining within the 

security zone unless authorized by the 

Captain of the Port Charleston (COTP) 

or a designated representative. 

DATES: This rule is effective from 7:30 

a.m. to 11 a.m., on April 2, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0174 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 Lieutenant Commander Chad Ray, 

Sector Charleston Waterways 

Management Division, Coast Guard; 

telephone (843) 740–3184, email 

Chad.L.Ray@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 it is 

impracticable and contrary to the public 

interest. The primary justification for 

this action is that the Coast Guard was 

given short notice from the event 

sponsor. Therefore, the Coast Guard 

lacks sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. It would be impracticable and 

contrary to the public interest to delay 

promulgating this rule, as it is necessary 

to protect the safety of participants, 

spectators, and vessels transiting near 

the race area during the Cooper River 

Bridge 10–K Run event. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this 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 

the temporary security zone must be 

established on April 2, 2022 to ensure 

the safety of participants, spectators, 

and vessels during the event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

COTP Charleston has determined that 

potential hazards associated with the 

large number of participants and 

spectators during the run will be a 

safety and security concern. The 

purpose of the rule is to ensure the 

safety and security of participants, 

spectators, the general public, vessels 

and the navigable waters in the security 

zone before, during and after the 

scheduled race. 

IV. Discussion of the Rule 

This rule establishes a security zone 

from 7:30 a.m. to 11 a.m., on April 2, 

2022. The security zone will cover 

certain navigable waters of the Cooper 

River and Town Creek Reaches in 

Charleston, South Carolina. The 

duration of the zone is intended to 

ensure the safety and security of the 

participants, spectators, and the general 

public during the scheduled 7:30 a.m. to 

11 a.m. race. No vessel or person will 

be permitted to enter, transit through, 

anchor in or remain within the security 

zone without obtaining permission from 

the COTP or a designated 

representative. If authorization to enter, 

transit through, anchor in, or remain 

within the security zone is granted by 

the COTP or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP or a designated representative. 

The Coast Guard will provide notice of 

the security zone by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

or by on-scene designated 

representatives. 

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 following reasons: (1) 

The security zone only being enforced 

for a total of three and a half hours; (2) 

although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the zone without 

authorization from the COTP or a 

designated representative, they may 

operate in the surrounding area during 

the enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the areas 

during the enforcement period if 

authorized by the COTP or a designated 

representative; and (4) the Coast Guard 


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15888 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 

will provide advance notification of the 

zone to the local maritime community 

by Broadcast Notice to Mariners, or by 

on-scene designated representatives. 

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 security 

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 contact 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 

security zone that will prohibit persons 

and vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area surrounding the 

Cooper River Bridge on the waters of the 

Cooper River and Town Creek Reaches 

during a race event lasting three and a 

half hours. 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, 

see the ADDRESSES section of this 

preamble 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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; 46 U.S.C. 

70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 

160.5; Department of Homeland Security 

Delegation No. 0170.1, Revision No. 01.2. 

■ 2. Add § 165. T07–0110 to read as 

follows: 

§ 165.T07–0110 Security Zone; Cooper 

River Bridge Run, Charleston SC. 

(a) Location. All waters of the Cooper 

River, and Town Creek Reaches 

encompassed within the following 

points: Beginning at 32°48′32′′ N, 

079°56′08′′ W, thence east to 32°48′20′′ 

N, 079°54′20′′ W, thence south to 

32°47′20′′ N, 079°54′29′′ W, thence west 

to 32°47′20′′ N, 079°55′28′′ W, thence 

north to origin. All coordinates are 

North American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) Charleston 

in the enforcement of the regulated 

areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the COTP 

Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Charleston by 

telephone at 843–740–7050, or a 


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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15889 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization is granted, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP Charleston or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Broadcast 

Notice to Mariners, or by on-scene 

designated representatives. 

(d) Enforcement Period. This rule will 

be enforced from 7:30 a.m. until 11 a.m., 

on April 2, 2022. 

Dated: March 12, 2022. 

J.D. Cole, 

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

Port Charleston. 

[FR Doc. 2022–05779 Filed 3–18–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 361 

[Docket ID ED–2019–OSERS–0140] 

State Vocational Rehabilitation 

Services Program 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final interpretation. 

SUMMARY: The U.S. Department of 

Education (Department) issues this final 

notification of interpretation (NOI) in 

response to comments made on the NOI 

published in the Federal Register on 

February 28, 2020. That NOI became 

effective on the date it was issued and 

clarified current policy regarding the 

permissibility of using funds reserved 

for pre-employment transition services 

for auxiliary aids and services, and it 

announced a change in policy regarding 

the use of Federal vocational 

rehabilitation (VR) funds reserved for 

the provision of pre-employment 

transition services. The Department’s 

policy expressed in this final NOI is 

unchanged from that in the NOI 

published on February 28, 2020. 

DATES: This final interpretation is 

issued: March 21, 2022. Pursuant to the 

NOI, this interpretation is applicable as 

of February 28, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Carol Dobak, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 5153, Potomac Center Plaza, 

Washington, DC 20202–0001. 

Telephone: (202) 245–7325. Email: 

Carol.Dobak@ed.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The amendments to the Rehabilitation 

Act of 1973 (Rehabilitation Act) made 

by title IV of the Workforce Innovation 

and Opportunity Act (WIOA) place 

heightened emphasis on the provision 

of services to students and youth with 

disabilities to ensure that they have 

meaningful opportunities to receive the 

training and other services they need to 

achieve employment outcomes in 

competitive integrated employment. 

The Rehabilitation Act, as amended by 

WIOA, expanded not only the 

population of students with disabilities 

who may receive services under the VR 

program but also the kinds of services 

the designated State units (DSUs) may 

provide to these students with 

disabilities who are transitioning from 

school to postsecondary education and 

employment. 

Most notably, section 110(d)(1) of the 

Rehabilitation Act and 34 CFR 

361.65(a)(3)(i) requires States to reserve 

at least 15 percent of their Federal VR 

grant for the provision of preemployment transition services. Section 

113(a) of the Rehabilitation Act and 34 

CFR 361.48(a) require DSUs for the VR 

program to use the reserved funds to 

provide, or arrange for the provision of, 

pre-employment transition services to 

all students with disabilities in need of 

such services who are eligible or 

potentially eligible for services under 

the VR program. 

Section 113(b) of the Rehabilitation 

Act and 34 CFR 361.48(a)(2) list the five 

required pre-employment transition 

services that DSUs, in collaboration 

with local educational agencies (LEAs), 

must make available to students with 

disabilities in need of these services. 

These services are— 

• Job exploration counseling; 

• Work-based learning experiences, 

which may include in-school or after 

school opportunities, or experience 

outside the traditional school setting 

(including internships), that are 

provided in an integrated environment 

to the maximum extent possible; 

• Counseling on opportunities for 

enrollment in comprehensive transition 

or postsecondary educational programs 

at institutions of higher education; 

• Workplace readiness training to 

develop social skills and independent 

living; and 

• Instruction in self-advocacy, which 

may include peer mentoring. 

Pre-employment transition services 

represent the earliest set of services 

available for students with disabilities 

under the VR program, are short-term in 

nature, and are designed to help 

students identify career interests. 

Following implementation of the preemployment transition services 

requirements, the Department received 

comments from DSUs and other 

stakeholders regarding: (1) The need for 

further clarification about the extent to 

which funds reserved for the provision 

of pre-employment transition services 

may be used to pay for auxiliary aids 

and services; and (2) the ability of States 

to reserve and expend at least 15 

percent of their VR grants on the 

provision of pre-employment transition 

services under the Department’s general 

interpretation of the statutory 

requirements related to the allowable 

use of funds. Specifically, DSUs and 

stakeholders asked if funds reserved for 

pre-employment transition services may 

be used to cover the costs of auxiliary 

aids and services provided directly to 

students with disabilities as well as 

other VR services, such as 

transportation, tuition for postsecondary 

education, rehabilitation technology, 

and job coaching. 

On February 28, 2020, the Department 

published an NOI in the Federal 

Register (85 FR 11848) to clarify current 

policy regarding the permissibility of 

using funds reserved for preemployment transition services for 

auxiliary aids and services, and to 

announce a change in policy regarding 

the use of Federal VR funds reserved for 

pre-employment transition services. 

There are no changes between the 

original interpretation published on 

February 28, 2020, and this final 

interpretation. Through this document, 

the Department also rescinds the Dear 

Director email transmitted to VR 

agencies on December 28, 2016, 

regarding the use of reserved funds for 

the provision of auxiliary aids and 

services because the substance of that 

email was incorporated into and 

clarified by the February 28, 2020, NOI. 

Public Comment: In response to our 

invitation in the NOI, 26 parties 

submitted comments. 

Analysis of Comments and Changes: 

An analysis of the comments on the 

interpretation since its publication 

follows. We do not address comments 

that raised concerns not directly related 

to the interpretation. 

Support for Interpretation 

Comments: Commenters generally 

expressed appreciation for the 

flexibilities described in the NOI. Some 

commenters noted that the flexibilities 

would allow students with the most 

significant disabilities to benefit from 

the expansion of services needed to 

access and support the provision of preemployment transition services. One 

commenter stated that the new 


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