Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44275 

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, 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.T01–0545 to read as 

follows: 

§ 100.T01–0545 Special Local Regulation; 

Maggie Fischer Memorial Cross Bay Swim, 

Great South Bay, Brightwaters, NY. 

(a) Regulated Area. The regulations in 

this section apply to the following area: 

Waters of the Great South Bay, NY, 

within 100 yards of the race course. 

Starting Point at the Fire Island 

Lighthouse Dock in position at 

40°38′01′′ N, 073°13′07′′ W; then northby-northwest to a point in position at 

40°38′52′′ N, 073°13′09′′ W; then northby-northwest to a point in position at 

40°39′40′′ N, 073°13′30′′ W; then northby-northwest to a point in position at 

40°40′30′′ N, 073°14′00′′ W; and then 

north-by-northwest, finishing at Gilbert 

Park, Brightwaters, NY at position 

40°42′25′′ N, 073°14′52′′ W. These 

coordinates are approximate and are 

based on datum NAD 1983. 

(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 Long Island Sound (COTP) in 

the enforcement of the regulations in 

this section. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the COTP 

or the Designated Representative. 

(2) To seek permission to enter, 

contact the COTP or the Designated 

Representative via VHF–FM marine 

channel 16 or by contacting the Coast 

Guard Sector Long Island Sound 

Command Center at (203) 468–4401. 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the Designated Representative. 

(d) Enforcement period. This section 

will be enforced from 8 a.m. to 12:30 

p.m. on August 12, 2021. 

Dated: August 9, 2021. 

S.A. Koch, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Long Island Sound. 

[FR Doc. 2021–17285 Filed 8–10–21; 11:15 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0615] 

RIN 1625–AA00 

Safety Zone; Ohio River, Owenboro, 

KY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

from mile marker 756 to 757 of the Ohio 

River. The safety zone is needed to 

protect life and the marine environment 

from potential hazards created by the 

Owensboro Fireworks and Bridge Lights 

show display. This temporary final rule 

would prohibit persons and vessels 

from entering the safety zone unless 

authorized by the Captain of the Port 

Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 6 p.m. 

through 9 p.m. on August 21, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0615 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 Petty Officer Christopher Roble, 

Sector Ohio Valley, U.S. Coast Guard; 

telephone (502) 779–5336, email 

SECOHV-WWM@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. We must establish this 

safety zone by August 21, 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 

Owensboro Fireworks and Bridge Lights 

show on August 21, 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 Owensboro 

Fireworks and Bridge Lights show on 

August 21, 2021, will be a safety 

concern for anyone within a 1.0 mile 

radius of the fireworks barge. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the Owensboro Fireworks and 

Bridge Lights show is occurring. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the Ohio River, starting 

at mile marker 756 and ending at 757, 

extending from bank to bank within the 

river. The safety zone will be enforced 

from 6 p.m. through 9 p.m. on August 

21, 2021. The duration of the zone is 

intended to protect personnel, vessels, 


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44276 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 

and the marine environment in these 

navigable waters while the Owensboro 

Fireworks and Bridge Lights show is 

taking place. No vessel or person will be 

permitted to enter the safety zone 

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. 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 rule involves a safety 

zone lasting 3 hours spread over the 

course of 1 day that would prohibit 

entry within 1 mile of the fireworks 

barge. 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 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. 

■ 2. Add § 165.T08–0438 to read as 

follows: 

§ 165.T08–0438 Safety Zone; Ohio River, 

Owensboro, KY. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 


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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44277 

Ohio River between MM 756 to MM 757 

in Owensboro, KY. 

(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 section 

will be enforced from 6 p.m. through 9 

p.m. on August 21, 2021. 

Dated: August 5, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–17049 Filed 8–11–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

[Docket ID ED–2021–OS–0107] 

Federal Preemption and Joint FederalState Regulation and Oversight of the 

Department of Education’s Federal 

Student Loan Programs and Federal 

Student Loan Servicers 

AGENCY: Office of the Secretary, 

Department of Education. 

ACTION: Interpretation. 

SUMMARY: The U.S. Department of 

Education (Department) issues this 

interpretation to revise and clarify its 

position on the legality of State laws 

and regulations that govern various 

aspects of the servicing of Federal 

student loans, such as preventing unfair 

or deceptive practices, correcting 

misapplied payments, or addressing 

refusals to communicate with 

borrowers. The Department concludes 

that these State laws are preempted only 

in limited and discrete respects, as 

further discussed in this interpretation. 

In addition, this interpretation will help 

facilitate close coordination between the 

Department and its State partners to 

further enhance both servicer 

accountability and borrower 

protections. This interpretation revokes 

and supersedes the interpretation 

published on March 12, 2018, ‘‘Federal 

Preemption and State Regulation of the 

Department of Education’s Federal 

Student Loan Programs and Federal 

Student Loan Servicers’’ (2018 

interpretation). 

DATES: This interpretation is effective on 

August 12, 2021. We must receive your 

comments on or before September 13, 

2021. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under FAQ. 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about the interpretation, 

address them to Beth Grebeldinger, U.S. 

Department of Education, Federal 

Student Aid, 830 First Street NE, Room 

113F4, Washington, DC 20202. 

Privacy Note: The Department’s 

policy is to make all comments received 

from members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: Beth 

Grebeldinger, U.S. Department of 

Education, Federal Student Aid, 830 

First Street NE, Room 113F4, 

Washington, DC 20202. Telephone: 

202–377–4018. Email: 

Beth.Grabeldinger@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: 

Invitation to comment: We are 

inviting comment on this interpretation 

because we value the public’s input and 

perspective on these critical issues. We 

will consider public comment received 

and determine whether it is appropriate 

to modify or supplement this document. 

Background: On March 12, 2018, the 

Department published in the Federal 

Register the 2018 interpretation (83 FR 

10619). The 2018 interpretation set forth 

the Department’s position at the time on 

the legality of several State laws 

regulating Federal student loan 

servicers, which the Department found 

to be broadly preempted by Federal law. 

In particular, the 2018 interpretation 

opined that State regulation of the 

servicing of loans under the William D. 

Ford Federal Direct Loan Program 

(Direct Loans) ‘‘impedes uniquely 

Federal interests.’’ Id. at 10,620. The 

2018 interpretation also opined that 

State regulation of the servicing of loans 

under the Federal Family Education 

Loan Program (FFEL Loans) ‘‘is 

preempted to the extent that it 

undermines uniform administration of 

the program.’’ Id. 

Federal courts have had the 

opportunity to consider the 

Department’s position on preemption in 

several recent decisions. Those courts 

consistently declined to give any 

deference to the 2018 interpretation, 

finding it deserving of ‘‘little weight.’’ 

Nelson v. Great Lakes Educ. Loan 

Services, Inc., 928 F.3d 639, 651 n.2 (7th 

Cir. 2019); see also Lawson-Ross v. 

Great Lakes Higher Educ. Corp., 955 

F.3d 908, 921 n.13 (11th Cir. 2020) 

(same); New York v. Pennsylvania 

Higher Educ. Assistance Agency, 19 Civ. 

9155, 2020 WL 2097640 at *16 n.14 

(S.D.N.Y. May 1, 2020) (same); Student 

Loan Servicing Alliance v. DC, 351 F. 

Supp. 3d 26, 48–51 (D.D.C. 2018). Their 

analyses reveal the flaws in the 2018 

interpretation’s insubstantial 

justifications for its broad claims to 

preempt State laws on student loan 

servicing. 

The court in Student Loan Servicing 

Alliance analyzed the 2018 

interpretation in some detail, and its 

analysis has been largely followed by 

the other courts that have considered 

these preemption issues. The court 

found that the 2018 interpretation 

constitutes informal guidance, having 

not undergone any formal review 

process prescribed by statute. See 351 

F. Supp. 3d at 48–49. Thus, under 

Wyeth v. Lavine, 555 U.S. 555 (2009), 

the 2018 interpretation would be 

entitled only to Skidmore deference, 

which turns on its ‘‘thoroughness, 

consistency, and persuasiveness.’’ 

Wyeth, 555 U.S. at 577. The court went 

on to find that the views expressed in 

the 2018 interpretation warrant no 

deference because they are conclusory 


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