32768 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

§ 92.508 by revising paragraph (a)(7(i)(B) 

to read as follows:’’ 

Aaron Santa Anna, 

Associate General Counsel for Legislation and 

Regulations. 

[FR Doc. 2021–13173 Filed 6–22–21; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0340] 

RIN 1625–AA08 

Special Local Regulation; Ohio River, 

New Martinsville, WV 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for all navigable waters of the Ohio 

River between mile markers 127.5 and 

128.5. The special local regulation is 

needed to protect regatta participants, 

the public, and the marine environment 

from potential hazards created by the 

regatta. This special local regulation 

establishes a Patrol Commander and 

restricts movement and anchoring of 

spectator and non-participant vessels 

during the time of the event. 

DATES: This rule is effective from 9 a.m. 

on July 10, 2021, until 6 p.m. on July 11, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0340 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 Joseph McCollum, Marine 

Safety Unit Huntington, U.S. Coast 

Guard; (304) 733–0198, 

Joseph.P.Mccollum@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 we 

must establish the special local 

regulation by July 10, 2021, and lack 

sufficient time to request public 

comments and respond to those 

comments before the special local 

regulation must be established. 

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 contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the New 

Martinsville Vintage Regatta taking 

place on the Ohio River between mile 

marker 127.5 and mile marker 128.5 

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 New Martinsville 

Vintage Regatta starting July 10, 2021, 

will be a safety concern for anyone on 

the Ohio River from mile marker 127.5 

to mile marker 128.5. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the special 

local regulation for the duration of the 

regatta. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 9 a.m. through 6 p.m. 

daily on July 10, 2021, and July 11, 

2021. The special local regulation will 

cover all navigable waters between mile 

markers 127.5 and 128.5 on the Ohio 

River. The duration of the regulated area 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters for the duration 

of the regatta. No vessel or person will 

be permitted to enter the regulated area 

without obtaining permission from the 

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 and location of the 

special local regulation. This rule 

involes a special local regulation lasting 

less than a week and covering a limited 

area of one mile. In addition, vessel 

traffic will be able to reach out to the 

safety boat to coordinate safe passage 

through the special local regulation 

which will impact a mile mile stretch 

on the Ohio River. The Coast Guard will 

publish a Local Notice to Mariners 

(LNMs), and issue a Broadcast Notice to 

Mariners (BNMs) via VHF–FM marine 

channel 16 about the regulated area. 

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 regulated 

area 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 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32769 

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 

special local regulations lasting from 9 

a.m. through 6 p.m. on July 10, 2021 

and 9 a.m. through 6 p.m. July 11, 2021 

that will limit access of the Ohio River 

from mile marker 127.5 to mile marker 

128.5. It is categorically excluded from 

further review under paragraph L[61] of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Memorandum for the Record 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 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 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T08–0340 to read as 

follows: 

§ 100.T08–0340 New Martinsville Vintage 

Regatta, Ohio River, New Martinsville, WV. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All navigable waters of the Ohio River 

from mile marker 127.5 to mile marker 

128.5 near New Martinsville, WV. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representative means a 

Coast Guard Patrol Commander 

(PATCOM), 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 Ohio Valley (COTP) in the 

enforcement of the regulations in this 

section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participants in the race. 

(c) Regulations. (1) The Coast Guard 

may patrol the event area under the 

direction of a designated Coast Guard 

Patrol Commander. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM.’’ 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Commander, Eighth 

Coast Guard District, to patrol the event. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a no 

wake speed in a manner which will not 

endanger participants in the event or 

any other craft. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area during the effective 

dates and times, unless cleared for entry 

by or through an official patrol vessel. 

(5) The Patrol Commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated area specified 

above, but may not anchor in, block, or 

loiter in a navigable channel. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM marine radio 


jbell on DSKJLSW7X2PROD with RULES
32770 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

channel 16 or phone at 1–800–253– 

7465. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(9) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners and 

broadcast notice to mariners and by onscene designated representatives. 

(d) Enforcement periods. The special 

local regulation in this section will be 

enforced from 9 p.m. to 6 p.m. daily on 

July 10, 2021, and July 11, 2021. 

Dated: June 16, 2021. 

A.M. Beach, 

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

Port Ohio Valley. 

[FR Doc. 2021–13064 Filed 6–22–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2020–OSERS–0192] 

Final Priority—Rehabilitation ShortTerm Training: Client Assistance 

Program 

AGENCY: Office of Special Education and 

Rehabilitative Services (OSERS), 

Department of Education. 

ACTION: Final priority. 

SUMMARY: The Department of Education 

(Department) announces a priority 

under the Rehabilitation Short-Term 

Training program, Assistance Listing 

Number 84.246K. We take this action to 

improve the capacity of Client 

Assistance Program (CAP) professionals 

to inform, assist, and advocate for 

clients and client applicants about 

expanded education, training, and 

competitive integrated employment 

opportunities available through the 

State Vocational Rehabilitation Services 

program, and about the benefits and 

services available through other 

programs authorized by the 

Rehabilitation Act of 1973 

(Rehabilitation Act), as amended by the 

Workforce Innovation and Opportunity 

Act (WIOA). We may use this priority 

for competitions in Federal fiscal year 

(FFY) 2021 and later years. The priority 

will provide enhanced training and 

technical assistance on CAP duties and 

responsibilities under section 112 of the 

Rehabilitation Act, State Vocational 

Rehabilitation (VR) service provision 

requirements and other benefits and 

services under the Rehabilitation Act, 

expanded opportunities under WIOA, 

individual and systems advocacy 

competencies, and leadership, 

relationship-building, and outreach 

skills as well as CAP strategic planning 

and resources management capacitybuilding. Also, the priority will promote 

the use of flexible training delivery 

methods, including in-person and 

virtual activities, and state-of-the-art 

communication tools and platforms, 

including the latest distance learning 

and convening technologies. 

DATES: This priority is effective July 23, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Felipe Lulli, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 5101, Potomac Center Plaza, 

Washington, DC 20202–2800. 

Telephone: (202) 245–7425. Email: 

84.246K@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: 

Purpose of Program: The 

Rehabilitation Short-Term Training 

program is designed to provide shortterm training and technical instruction 

in areas of special significance to the 

vocational, medical, social, and 

psychological rehabilitation programs, 

supported employment program, 

independent living services programs, 

and Client Assistance Program, 

including special seminars, institutes, 

workshops, and other short-term 

courses. Short-term training projects 

may be of regional or national scope. 

Program Authority: 29 U.S.C. 

772(a)(1). 

Applicable Program Regulations: 34 

CFR parts 385 and 390. 

We published a notice of proposed 

priority (NPP) for this competition in 

the Federal Register on February 19, 

2021 (86 FR 10213). The NPP contained 

background information and our reasons 

for proposing the priority. 

Editorial and technical revisions are 

explained in the discussion of 

comments that follow. 

Public Comment: In response to our 

invitation in the NPP, 23 parties 

submitted comments on the proposed 

priority. 

We group major issues according to 

subject. Generally, we do not address 

technical and other minor changes or 

suggested changes the law does not 

authorize us to make. In addition, we do 

not address general comments that raise 

concerns not directly related to the 

proposed priority. 

Analysis of Comments and Changes: 

An analysis of the comments and of any 

changes in the priority since publication 

of the NPP follows. 

State VR/CAP Coordination and 

Communication 

Comment: Several commenters 

addressed the priority’s requirement 

that, in providing training and technical 

assistance, the grantee considers the 

challenges that State VR agencies face in 

implementing WIOA’s expanded VR 

services provisions. These commenters 

expressed the concern that the priority’s 

emphasis on VR agency challenges 

would have the effect of ‘‘shielding’’ the 

agency from its statutory responsibility 

to provide quality and timely VR 

services in accordance with the 

Rehabilitation Act. These commenters 

indicated that CAPs also face similar 

challenges and argue that any 

consideration of WIOA implementation 

challenges should encompass both 

perspectives. 

Conversely, some commenters cited 

several VR agency challenges and 

limitations—financial and nonfinancial—beyond those referenced in 

the NPP and about which, these 

commenters believe, CAPs may not be 

sufficiently aware. These commenters 

cited, as examples, issues related to the 

Rehabilitation Act-Individuals with 

Disabilities Education Act coordination 

in the delivery of pre-employment 

transition services; the Rehabilitation 

Act’s maintenance of effort 

requirements; and parameters set by the 

States’ written policies governing the 

nature and scope of VR services and the 

Uniform Administrative Requirements, 

Cost Principles, and Audit 

Requirements (2 CFR part 200), among 

others. The commenters recommended 

greater emphasis on improving 

communication between the CAPs and 

the State VR agencies to promote mutual 

understanding about their distinct roles, 

approaches, and perspectives; more 

training about the impact of Federal and 

State statutes, regulations, and policies 

on the delivery of VR services in the 

States; and closer coordination between 

the CAPs and the State VR agencies on 

both individual cases and statewide 

initiatives to improve competitive 

integrated employment outcomes for VR 

clients and applicants. Additionally, 

one commenter recommended that the 

comprehensive needs assessment 

questionnaires, surveys, or focus group 

include broader input from VR agencies 

and the State Rehabilitation Councils 

(SRCs). 

Discussion: The Department agrees 

that the priority’s references to VR 

agency challenges should not be 

interpreted as a dispensation from the 

VR program requirements in the 

Rehabilitation Act, as amended by 

WIOA. The Department also agrees that 


jbell on DSKJLSW7X2PROD with RULES