36646 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

AIRAC date State City Airport FDC No. FDC date Subject 

12–Aug–21 ........ AL Courtland ....................... Courtland ....................... 1/9205 6/10/21 RNAV (GPS) RWY 31, Amdt 2A. 

12–Aug–21 ........ CA Imperial .......................... Imperial County ............. 1/9434 5/27/21 VOR OR GPS–A, Amdt 4A. 

12–Aug–21 ........ LA Welsh ............................. Welsh ............................. 1/9528 5/25/21 VOR/DME OR GPS RWY 7, 

Amdt 3B. 

12–Aug–21 ........ IN Portland ......................... Portland Muni ................ 1/9605 5/25/21 RNAV (GPS) RWY 9, Amdt 1A. 

12–Aug–21 ........ IN Portland ......................... Portland Muni ................ 1/9609 5/25/21 RNAV (GPS) RWY 27, Amdt 1A. 

12–Aug–21 ........ TN Rockwood ...................... Rockwood Muni ............. 1/9634 6/10/21 VOR/DME RWY 22 , Amdt 6B. 

12–Aug–21 ........ TN Rockwood ...................... Rockwood Muni ............. 1/9635 6/10/21 RNAV (GPS) RWY 22, Amdt 1A. 

12–Aug–21 ........ TN Rockwood ...................... Rockwood Muni ............. 1/9636 6/10/21 RNAV (GPS) RWY 4, Orig-A. 

12–Aug–21 ........ QM Midway Atoll .................. Henderson Fld ............... 1/9729 5/28/21 RNAV (GPS) RWY 24, Orig-D. 

12–Aug–21 ........ QM Midway Atoll .................. Henderson Fld ............... 1/9730 5/28/21 RNAV (GPS) RWY 6, Orig-D. 

12–Aug–21 ........ QM Midway Atoll .................. Henderson Fld ............... 1/9731 5/28/21 NDB RWY 6, Orig-C. 

12–Aug–21 ........ QM Midway Atoll .................. Henderson Fld ............... 1/9732 5/28/21 NDB RWY 24, Orig-C. 

12–Aug–21 ........ AK Cordova ......................... Merle K (Mudhole) 

Smith.

1/9877 5/7/21 ILS OR LOC RWY 27, Amdt 

11C. 

12–Aug–21 ........ AK Cordova ......................... Merle K (Mudhole) 

Smith.

1/9878 5/7/21 RNAV (GPS) RWY 27, Amdt 2A. 

12–Aug–21 ........ AK Cordova ......................... Merle K (Mudhole) 

Smith.

1/9879 5/7/21 RNAV (GPS)–B, Amdt 2. 

12–Aug–21 ........ AK Atka ............................... Atka ............................... 1/9894 5/12/21 RNAV (GPS)–A, Orig-A. 

12–Aug–21 ........ NM Portales ......................... Portales Muni ................ 1/9903 5/7/21 RNAV (GPS) RWY 1, Orig. 

12–Aug–21 ........ IA Sac City ......................... Sac City Muni ................ 1/9955 5/21/21 RNAV (GPS) RWY 18, Orig-A. 

[FR Doc. 2021–14816 Filed 7–12–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0247] 

RIN 1625–AA00 

Safety Zone; Cumberland River, 

Nashville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

from mile marker 191.1 to 191.5 of the 

Cumberland River. This action is 

necessary to provide for the safety of life 

on these navigable waters near Korean 

Veterans Bridge, Nashville, TN, during 

Music City Grand Prix on August 6 

through August 8, 2021. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 2 p.m. 

on August 6, 2021 until 7 p.m. on 

August 8, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0247 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Petty Officer 

Third Class Benjamin Gardner and 

Marine Safety Detachment Nashville, 

U.S. Coast Guard; telephone 615–736– 

5421, email Benjamin.t.gardner@

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. the Coast Guard was 

notified of the event without ample time 

for the NPRM process. We must 

establish this regulation by August 6, 

2021 and lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

this rule. 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 public 

interest because immediate action is 

needed to ensure the safety of the 

participants and vessels during the 

Music City Grand Prix Indy Car Race 

starting on August 6, 2021. 

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 Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the Music City 

Grand Prix from August 6, 2021 until 

August 8, 2021, will be a safety concern 

for anyone within a 0.4 mile radius of 

the Korean Veterans Bridge. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the Music City Grand Prix is 

occurring. 

IV. Discussion of the Rule 

The COTP is establishing a safety 

zone on the following dates during these 

time periods: From 2 p.m. to 6:30 p.m. 

on August 6, 2021; from noon to 5 p.m. 

on August 7, 2021; and from 4:30 p.m. 

to 7 p.m. on August 8, 2021. The safety 

zone would cover all navigable waters 

between mile marker 191.1 and 191.5 on 

the Cumberland River in Nashville, TN. 

The duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled Music City Grand 

Prix. No vessel or person would be 

permitted to enter the safety zone 


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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36647 

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, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

would impact a small designated area of 

the Cumberland River before or after the 

time of the events on each day. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule would allow vessels 

to seek permission to enter the 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 proposed rule 

involves a safety zone lasting 12 hours 

spread over the course of 3 days that 

would prohibit entry within .4 miles of 

the Korean Veterans Bridge. 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 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 is amending 

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.T08–0247 to read as 

follows: 

§ 165.T08–0247 Safety Zone; Cumberland 

River, Nashville, TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 


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36648 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

1Under these final requirements, ‘‘students from 

low-income families’’ has the same meaning as 

‘‘low-income students’’ under section 2002(a) of the 

ARP Act. ‘‘Students from low-income families’’ is 

a term used in section 312(d) of division M of the 

Coronavirus Response and Relief Supplemental 

Appropriations Act, 2021. 

2https://oese.ed.gov/files/2021/04/FINAL-ARPEANS-notice-4.12.21.pdf. 

Cumberland River from mile marker 

191.1 to mile marker 191.5. 

(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) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM radio 

channel 16 or phone at 1–800–253– 

7465. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement periods. This rule 

will be enforced from 2 p.m. until 6:30 

p.m. on August 6, 2021, from noon until 

5 p.m. on August 7, 2021, and from 4:30 

p.m. until 7 p.m. on August 8, 2021. 

Dated: July 1, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–14644 Filed 7–12–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

RIN 1810–AB63 

American Rescue Plan Act Emergency 

Assistance to Non-Public Schools 

Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final requirements. 

SUMMARY: The U.S. Department of 

Education (Department) establishes 

requirements for the American Rescue 

Plan Emergency Assistance to NonPublic Schools (ARP EANS) program 

under the American Rescue Plan Act of 

2021 (ARP Act). This document is 

intended to clarify the requirements 

applicable to the ARP EANS program, 

including the requirement to provide 

services or assistance to non-public 

schools that enroll a significant 

percentage of students from low-income 

families and are most impacted by the 

novel Coronavirus Disease 2019 

(COVID–19) emergency. 

DATES: These final requirements are 

effective July 13, 2021. 

FOR FURTHER INFORMATION CONTACT: Britt 

Jung, U.S. Department of Education, 400 

Maryland Avenue SW, Washington, DC 

20202. Email: EANS@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: Section 2002 of 

the ARP Act, titled ‘‘Emergency 

Assistance to Non-Public Schools,’’ 

appropriates $2,750,000,000 for the 

Department to make allocations to 

Governors under the ARP EANS 

program ‘‘to provide services or 

assistance to non-public schools that 

enroll a significant percentage of 

[students from low-income families] and 

are most impacted by the [COVID–19] 

emergency.’’ 1

Program Authority: ARP Act, Public 

Law 117–2, March 11, 2021. 

Background: The ARP Act extends the 

EANS program authorized under section 

312(d) of division M of the Coronavirus 

Response and Relief Supplemental 

Appropriations Act, 2021 (CRRSA Act), 

with two exceptions: (1) A State 

educational agency (SEA) may only 

provide services or assistance under 

ARP EANS to non-public schools that 

enroll a significant percentage of 

students from low-income families and 

are most impacted by the COVID–19 

emergency, and (2) an SEA may not use 

ARP EANS funds to provide 

reimbursements to any non-public 

school. 

Under the ARP EANS program, 

consistent with section 312(d)(1) of 

division M of the CRRSA Act, the 

Department will allot funds by formula 

to each Governor with an approved 

application based on the State’s relative 

share of children aged 5 through 17 who 

are from families at or below 185 

percent of the 2020 Federal poverty 

level and enrolled in non-public 

schools, as determined by the 

Department on the basis of non-public 

school enrollment data from the U.S. 

Census Bureau’s American Community 

Survey (ACS) Public Use Microdata 

Sample (PUMS) for 2015–2019, which 

can be accessed here: https://

www.census.gov/programs-surveys/acs/ 

microdata.html. The amount available 

to each State may be found at: https:// 

oese.ed.gov/offices/educationstabilization-fund/emergencyassistance-non-public-schools/. 

As described in more detail below, 

the Secretary of Education (Secretary) is 

establishing final requirements for the 

ARP EANS program to (1) make clear 

that, with the exceptions noted above, 

the requirements of the EANS program 

authorized under section 312(d) of 

division M of the CRRSA Act (CRRSA 

EANS) apply to ARP EANS, and (2) 

establish guidelines to determine that a 

non-public school enrolls a significant 

percentage of students from low-income 

families and is most impacted by the 

COVID–19 emergency. 

Prior to issuing these final 

requirements, the Department invited 

comment regarding implementation of 

the requirement ‘‘to provide services or 

assistance to non-public schools that 

enroll a significant percentage of 

[students from low-income families] and 

are most impacted by the [COVID–19] 

emergency’’ as part of the Notice 

Inviting Applications and Announcing 

Allocations for the Emergency 

Assistance to Non-Public Schools 

Program Under the American Rescue 

Plan Act of 2021, issued on April 12, 

2021.2 The Department received 66 

comments, which it reviewed and 

considered in developing these final 

requirements. 

With respect to the significant poverty 

percentage, comments generally fell into 

three groups that advocated for: (1) 

Establishing a specific significant 

poverty percentage, as high as 75 

percent; (2) prioritizing schools in the 

same manner as under the CRRSA 

EANS program; or (3) providing a State 

discretion to determine the significant 

poverty percentage for non-public 

schools within the State. Commenters 

advocating for a specific high poverty 

percentage did so on the premise that it 

would ensure that resources are targeted 

to the most under-resourced 

communities, which they assert is 

consistent with congressional intent. 

Multiple commenters noted that a 75- 

percent poverty percentage would align 

with the definition of a ‘‘high-poverty 

school’’ used by the National Center for 

Education Statistics and the threshold 

for serving public schools in rank order, 

without regard to grade spans, 

applicable to within-district allocations 

under title I, part A (title I) of the 

Elementary and Secondary Education 

Act of 1965 (ESEA) (see section 

1113(a)(3)(A) of the ESEA). By contrast, 

other commenters asserted that an 


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