Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 37677 

superseded by statute, regulation, and 

policy and, therefore, can be removed 

from the Code of Federal Regulations 

(CFR). 

DATES: This rule is effective on July 16, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Jason M. Beck, (703) 697–1735 (desk); 

571–309–0478 (mobile). 

SUPPLEMENTARY INFORMATION: This final 

rule removes the DoD regulations at 32 

CFR part 169, most recently updated on 

May 19, 1989 (54 FR 21726), and 32 

CFR part 169a, most recently updated 

on July 1, 1992 (57 FR 29207), because 

they are obsolete. This action is 

predicated on reissued guidance and 

policy from the Office of Management 

and Budget (OMB), cancellation of 

associated DoD policies, and the 

enactment of statute in title 10 of the 

United States Code (U.S.C.). 

The content of 32 CFR part 169 was 

based on the DoD policy document, DoD 

Instruction 4100.15, ‘‘Commercial 

Activities Program,’’ which was 

subsequently cancelled on July 10, 

2013, because it was obsolete. The 

content of 32 CFR part 169a was based 

on the DoD policy document, DoD 

Instruction 4100.33, ‘‘Commercial 

Activities Program Procedures,’’ which 

was also subsequently cancelled on 

March 4, 2011, because it was obsolete. 

DoD’s commercial activities program 

was based on a previous version of OMB 

Circular A–76, ‘‘Performance of 

Commercial Activities,’’ which was 

rescinded and replaced in May 2003 

(available at https://

www.whitehouse.gov/sites/ 

whitehouse.gov/files/omb/circulars/ 

A76/a76_incl_tech_correction.pdf). 

In addition to the cancellation of the 

associated DoD Instructions for parts 

169 and 169a that deem the rules 

obsolete, the subject matter aligned to 

these rules have substantially changed 

and been addressed in other areas. For 

example, 10 U.S.C. 2330a and 10 U.S.C. 

2461 were enacted in 2008 and 1996, 

respectively; the Federal Activities 

Inventory Reform (FAIR) Act was 

enacted in 1998; the definitions and 

policy in the Federal Acquisition 

Regulation (FAR) Parts 2, 7.3, and 7.5, 

as well as the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) 207.5 were changed to reflect 

the new rules in the FAIR Act and the 

2003 version of OMB Circular A–76; 

and the Office of Federal Procurement 

Policy (OFPP) issued Policy Letter 11– 

01, ‘‘Performance of Inherently 

Governmental and Critical Functions,’’ 

in 2011 (76 FR 56227). These laws, 

regulations, and Federal policies all 

substantially address the policy space 

covered by 32 CFR parts 169 and 169a. 

The FAIR Act, for example, establishes 

in law the framework of inherently 

governmental and commercial activities 

functions, while 10 U.S.C. 2461 

establishes the requirement for public/ 

private competitions before conversion 

to contractor performance— 

competitions which are covered under 

OMB Circular A–76. The FAR and 

DFARS regulations, as well as OFPP 

Policy Letter 11–01, go even farther than 

the FAIR Act and delineate additional 

categories of functions (such as closely 

associated with inherently 

governmental and critical) which are 

not mentioned in 32 CFR 169 and 169a. 

Similarly, 10 U.S.C. 2330a establishes 

law for the collection of contract 

services data, another area related to the 

commercial activities discussed in 32 

CFR 169 and 169a, but not covered by 

them. 

Additionally, the OMB Circular A–76 

public-private competition process has 

been under a Congressional moratorium 

since 2008. If the moratorium were 

lifted, the rules would still be 

considered obsolete and unnecessary, 

and promulgating new rules would be 

unnecessary due to the inclusion of 

language in title 10 U.S.C., the FAR, 

DFARS, and elsewhere in executive 

agency policy, as previously noted. 

These acts and policies address and 

cover the intent of parts 169 and 169a 

and, therefore, no longer make them 

applicable and worthy of staying active. 

Furthermore, not only are parts 169 and 

169a unnecessary, they are no longer 

current with the statutory, regulatory, 

and policy framework that governs the 

acquisition of services and functions in 

the Total Force Management policy 

space. 

It has been determined that 

publication of these CFR part removals 

for public comment is impracticable, 

unnecessary, and contrary to public 

interest since they are based on the 

removal of obsolete information. These 

removals are not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review.’’ 

List of Subjects in 32 CFR Parts 169 and 

169a 

Armed forces, Government 

procurement. 

Accordingly, the Department of 

Defense amends 32 CFR chapter I as 

follows: 

PART 169—[REMOVED] 

■ 1. Under the authority of 5 U.S.C. 301, 

32 CFR part 169 is removed. 

PART 169a—[REMOVED] 

■ 2. Under the authority of 5 U.S.C. 301, 

32 CFR part 169a is removed. 

Dated: July 13, 2021. 

Kayyonne T. Marston, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2021–15163 Filed 7–15–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0470] 

RIN 1625–AA00 

Safety Zone; Upper Mississippi River, 

Mile Marker 579.7 Approximately 1,000 

Feet Northwest of the Ulysses S. Grant 

Memorial Hwy., Dubuque, IA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Upper 

Mississippi River at mile marker 579.7 

extending 500 feet from the left 

decending bank approximately 1,000 

feet northwest of the Ulysses S. Grant 

Memorial Hwy. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by a fireworks 

display. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Upper Mississippi River 

or a designated representative. 

DATES: This rule is effective on July 17, 

2021, from 9 p.m. through 10:30 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0470 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 on this rule, call or 

email Lieutenant Commander Stephanie 

Moore, Sector Upper Mississippi River 

Waterways Management Division, U.S. 

Coast Guard; telephone 314–269–2560, 

email Stephanie.R.Moore@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 


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37678 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and 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 

because it is impracticable. We must 

establish this safety zone by July 17, 

2021, and lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

the 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 the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

fireworks display. 

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 Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with a fireworks display on 

July 17, 2021, will be a safety concern 

for anyone on the Upper Mississippi 

River at Mile Marker (MM) 579.7. This 

rule resulted from a marine event 

notification stating that there will be a 

fireworks display to celebrate a wedding 

on the Upper Mississippi River. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone before, during, and after the 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

Upper Mississippi River at 9 p.m. 

through 10:30 p.m. The safety zone will 

cover all navigable waters of the Upper 

Mississippi River at mile marker 579.7 

approximately 1,000 feet northwest of 

the Ulysses S. Grant Memorial Hwy. 

The duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters before, during, and after a 

fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Upper Mississippi River. 

The COTP or a designated 

representative will inform the public of 

the enforcement date and times for this 

safety zone, as well as any emergent 

safety concerns that may delay the 

enforcement of the zone. 

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, and 

duration of the temporary safety zone. 

This action involves a fireworks display 

that impacts a one half mile stretch of 

the Upper Mississippi River on July 17, 

2021, from 9 p.m. through 10:30 p.m. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the safety 

zone, mariners may 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 


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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 37679 

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 safety 

zone lasting one hour and thirty 

minutes that will prohibit entry on the 

Upper Mississippi River at MM 579.7, 

extending 500 feet from the left 

decending bank. It is categorically 

excluded from further review under 

paragraph L60 in Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 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 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. 0170.1. 

■ 2. Add § 165.T08–0470 to read as 

follows: 

§ 165.T08–0470 Safety Zone; Upper 

Mississippi River, Mile Marker 579.7, 

Dubuque, IA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper Mississippi River at mile marker 

579.7 extending 500 feet from the left 

decending bank approximately 1,000 

feet northwest of the Ulysses S. Grant 

Memorial Hwy. 

(b) Enforcement period. This section 

will be enforced on July 17, 2021, from 

9 p.m. through 10:30 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, 

persons and vessels are prohibited from 

entering the safety zone unless 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector Upper Mississippi River. 

(2) Persons or vessels desiring to enter 

into or pass through the zone must 

request permission from the COTP or a 

designated representative. They may be 

contacted on VHF radio Channel 16 or 

by telephone at 314–269–2332. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative while 

navigating in the regulated area. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement date and times for this 

safety zone, as well as any emergent 

safety concerns that may delay the 

enforcement of the zone through 

Broadcast Notice to Mariners (BNM) and 

or Local Notices to Mariners (LNMs). 

Dated: July 13, 2021. 

C.J. Barger, 

Commander, Acting Captain of the Port, U.S. 

Coast Guard. 

[FR Doc. 2021–15177 Filed 7–15–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

Final Waiver and Extension of the 

Project Periods for the Equity 

Assistance Centers Grant Program 

AGENCY: Office of Elementary and 

Secondary Education (OESE), 

Department of Education. 

ACTION: Final waiver and extension of 

project periods. 

SUMMARY: The Secretary waives the 

requirements in the Education 

Department General Administrative 

Regulations that generally prohibit 

project periods exceeding five years and 

project period extensions involving the 

obligation of additional Federal funds. 

The waiver and extension enable four 

projects under Assistance Listing 

Number (ALN) 84.004D to receive 

funding for an additional period, not to 

exceed September 30, 2022. 

DATES: The waiver and extension of the 

project periods are effective July 16, 

2021. 

FOR FURTHER INFORMATION CONTACT: Ed 

Vitelli, U.S. Department of Education, 

400 Maryland Avenue SW, Room 

3E106, Washington, DC 20202. 

Telephone: 202–453–6203. Email: 

Edward.Vitelli@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: 

Background 

On July 18, 2016, the Department of 

Education (Department) published in 

the Federal Register (81 FR 46820) a 

notice inviting applications for four 

projects for fiscal year (FY) 2016 under 

the Equity Assistance Centers (EAC) 

program, authorized under title IV of the 

Civil Rights Act of 1964, 42 U.S.C. 

2000c–2000c–2, 2000c–5. 

The purpose of the EAC projects is to 

provide technical assistance (including 

training) at the request of school boards 

and other responsible governmental 

agencies in the preparation, adoption, 

and implementation of plans for the 

desegregation of public schools, and in 

the development of effective methods of 

coping with special educational 

problems occasioned by desegregation. 

Desegregation assistance, per 34 CFR 

270.4, may include, among other 

activities: (1) Dissemination of 

information regarding effective methods 

of coping with special educational 

problems occasioned by desegregation; 

(2) assistance and advice in coping with 


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