50260 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations 

(2) Use a competitive process for 

selecting Native businesses and Native 

entrepreneurs to participate in the 

business incubator; however, awardees 

may still offer technical assistance and 

advice to Native businesses and Native 

entrepreneurs on a walk-in basis; 

(3) Provide physical workspace that 

permits Native businesses and Native 

entrepreneurs to conduct business and 

collaborate with other Native businesses 

and Native entrepreneurs; 

(4) Provide entrepreneurship and 

business skills training and education to 

Native businesses and Native 

entrepreneurs including: 

(i) Financial education, including 

training and counseling in: 

(A) Applying for and securing 

business credit and investment capital; 

(B) Preparing and presenting financial 

statements; and 

(C) Managing cash flow and other 

financial operations of a business; 

(ii) Management education, including 

training and counseling in planning, 

organization, staffing, directing, and 

controlling each major activity or 

function of a business or startup; and 

(iii) Marketing education, including 

training and counseling in: 

(A) Identifying and segmenting 

domestic and international market 

opportunities; 

(B) Preparing and executing marketing 

plans; 

(C) Locating contract opportunities; 

(D) Negotiating contracts; and 

(E) Using varying public relations and 

advertising techniques; 

(5) Provide direct mentorship or 

assistance finding mentors in the 

industry in which the Native business 

or Native entrepreneur operates or 

intends to operate; and 

(6) Provide access to networks of 

potential investors, professionals in the 

same or similar fields, and other 

business owners with similar 

businesses. 

(b) Each awardee must leverage 

technology to the maximum extent 

practicable to provide Native businesses 

and Native entrepreneurs with access to 

the connectivity tools needed to 

compete and thrive in 21st-century 

markets. 

§ 1187.45 What reports must the awardee 

submit? 

(a) Not later than one year after the 

date OIED awards the grant, and then 

annually for the duration of the grant, 

the awardee must submit to OIED a 

report describing the services the 

awardee provided under the IBIP during 

the preceding year, including: 

(1) A detailed breakdown of the 

Native businesses and Native 

entrepreneurs receiving services from 

the business incubator, including, for 

the year covered by the report: 

(i) The number of Native businesses 

and Native entrepreneurs participating 

in or receiving services from the 

business incubator and the types of 

services provided to those Native 

businesses and Native entrepreneurs; 

(ii) The number of Native businesses 

and Native entrepreneurs established 

and jobs created or maintained; and 

(iii) The performance of Native 

businesses and Native entrepreneurs 

while participating in the business 

incubator and after graduation or 

departure from the business incubator; 

and 

(2) Any other information the 

Secretary may require to evaluate the 

performance of a business incubator to 

ensure appropriate implementation of 

the IBIP. 

(b) To the maximum extent 

practicable, OIED will not require an 

awardee to report the information listed 

in paragraph (a) of this section that the 

awardee provides to OIED under 

another program. 

(c) OIED will coordinate with the 

heads of other Federal agencies to 

ensure that, to the maximum extent 

practicable, the report content and form 

under paragraph (a) of this section are 

consistent with other reporting 

requirements for Federal programs that 

provide business and entrepreneurial 

assistance. 

Subpart F—OIED Grant Administration 

§ 1187.50 How will OIED evaluate 

awardees’ performance? 

Not later than one year after the date 

on which OIED awards a grant to an 

eligible applicant under the IBIP, and 

annually thereafter for the duration of 

the grant, OIED will conduct an 

evaluation of, and prepare a report on, 

the awardee, which will: 

(a) Describe the performance of the 

eligible applicant; and 

(b) Be used in determining the 

ongoing eligibility of the eligible 

applicant. 

§ 1187.51 Will OIED facilitate relationships 

between awardees and educational 

institutions serving Native American 

communities? 

OIED will facilitate the relationships 

between awardees and educational 

institutions serving Native American 

communities, including Tribal colleges 

and universities. 

§ 1187.52 How will OIED coordinate with 

other Federal agencies? 

OIED will coordinate with the 

Secretaries of Agriculture, Commerce, 

and Treasury, and the Administrator of 

the Small Business Administration to 

ensure, to the maximum extent 

practicable, that awardees have the 

information and materials they need to 

provide Native businesses and Native 

entrepreneurs with the information and 

assistance necessary to apply for 

business and entrepreneurial 

development programs administered by 

those agencies. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2021–18736 Filed 9–7–21; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0135] 

RIN 1625–AA00 

Safety Zones; Fireworks Displays, Air 

Shows and Swim Events in Captain of 

the Port Long Island Sound Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard will add one 

safety zone for the Dolan Family Labor 

Day Fireworks event on Oyster Bay, NY, 

and remove six other annual recurring 

marine events in Coast Guard Sector 

Long Island Sound’s Captain of the Port 

Zone. This rule is intended to expedite 

public information and to ensure the 

protection of the maritime public and 

event participants from the hazards 

associated with certain marine events. 

When enforced, the safety zones would 

restrict vessels from transiting the 

regulated area during annually recurring 

events. 

DATES: This rule is effective without 

actual notice September 8, 2021. For the 

purposes of enforcement, actual notice 

will be used from September 6, 2021 

until September 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– 

0135 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 Marine Science Technician 1st 

Class Chris Gibson, Waterways 

Management Division, Sector Long 


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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations 50261 

Island Sound; Tel: (203) 468–4565; 

Email: chris.a.gibson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Long Island 

Sound 

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 

On June 14, 2021, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zones; 

Fireworks Displays, Air Shows and 

Swim Events in the Captain of the Port 

Long Island Sound Zone (86 FR 31456). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

fireworks displays and other marine 

events no longer held. We received no 

comments during the comment period 

that ended July 14, 2021. 

The Captain of the Port Long Island 

Sound (COTP) will amend Table 1 and 

2 to 33 CFR 165.151 Safety Zones; 

Fireworks Displays, Air Shows and 

Swim Events in the Captain of the Port 

Long Island Sound Zone because adding 

a single recurring marine event and 

removing six marine events that no 

longer occur will considerably reduce 

administrative overhead and provide 

the public with notice through 

publication in the Federal Register of 

the upcoming recurring safety zone. 

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 COTP 

has determined that potential hazards 

associated with this annual recurring 

event will be a safety concern for 

anyone within the area where the 

fireworks display will commence. The 

purpose of this rule is to ensure safety 

of vessels and the navigable waters in 

the safety zone before, during, and after 

the scheduled 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 safety zone must be established by 

September 6, 2021, for the Dolan Family 

Labor Day Fireworks display to mitigate 

the potential safety hazards. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published June 

14, 2021. There are no changes in the 

regulatory text of this rule from the 

proposed rule. 

This rule establishes a safety zone for 

the annual Dolan Family Labor Day 

Fireworks event by adding this event to 

Table 1 to 33 CFR 165.151. The event 

will occur on a day in September at a 

time to be determined each year. The 

regulated area will encompass waters of 

Long Island Sound off of Oyster Bay, 

NY. When enforced on the single day in 

September each year, this safety zone 

will restrict vessels from transiting the 

regulated area. When enforced on the 

one day in September each year, these 

safety zones will restrict vessels from 

transiting the regulated area. The 

specific description of this regulation 

appears at the end of this document. 

Additionally, this rulemaking updates 

Table 1 and 2 to CFR 165.151 by 

removing six events that no longer take 

place. The Coast Guard will remove 

event 5.1 Jones Beach Air Show safety 

zone from Table 1 and remove five 

events from Table 2: (1) 1.1 Swim 

Across the Sound; (2) 1.3 Maggie 

Fischer Memorial Great South Bay Cross 

Bay Swim; (3) 1.4 Waves of Hope Swim; 

(4) 1.5 Stonewall Swim; and (5) 1.6 

Swim Across America Greenwich safety 

zones. 

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 on the size, location, 

duration, and time-of-day of the safety 

zone. This rule establishes a safety zone 

for the annual Dolan Family Labor Day 

Fireworks event. The regulated area will 

encompass a 500′ radius at approximate 

point of 40°53′43.90′′ N, 73°30′06.85′′ W 

navigable waters of Oyster Bay near 

Oyster Bay, NY. When enforced on the 

single day in September each year, this 

safety zone would restrict vessels from 

transiting the regulated area. Once 

enforced on the one day in September 

each year, these safety zones would 

restrict vessels from transiting the 

regulated area. The Coast Guard would 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule will allow vessels to 

seek permission to enter the zone. 

Additionally, this rulemaking updates 

Table 1 and 2 to CFR 165.151 by 

removing six events that no longer take 

place. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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– 


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50262 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations 

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 

establishing an annual recurring safety 

zone for a firework display and 

removing six other various marine 

events in Coast Guard Sector Long 

Island Sound’s Captain of the Port Zone. 

It is categorically excluded from further 

review under paragraph L60 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 ANS 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, Revision No. 01.2. 

■ 2. Amend § 165.151 by: 

■ a. In Table 1 to § 165.151 removing 

item ‘‘5.1 Jones Beach Air Show’’ and 

adding item ‘‘9.7 Dolan Family Labor 

Day Fireworks’’; and 

■ b. In Table 2 to § 165.151 removing 

items ‘‘1.1 Swim Across the Sound’’, 

‘‘1.3 Maggie Fischer Memorial Great 

South Bay Cross Bay Swim’’, ‘‘1.4 

Waves of Hope Swim’, ‘‘1.5 Stonewall 

Swim’’, and ‘‘1.6 Swim Across America 

Greenwich’’. 

The addition reads as follows: 

§ 165.151 Safety Zones; Fireworks 

Displays, Air Shows and Swim Events in the 

Captain of the Port Long Island Sound 

Zone. 

* * * * * 

TABLE 1 TO § 165.151 

*******

9 ...................................................... September 

*******

9.7 Dolan Family Labor Day Fireworks.• Date: A single day event in September. 

• Location: Waters of Oyster Bay Harbor in Long Island Sound off Oyster Bay, NY in approximate position 

40°53′43.50′′ N, 073°30′06.85′′ W. The regulated area for this fireworks displays is that area of navigable waters within a 500 foot radius of the launch platform or launch site for each fireworks display. 

*******


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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations 50263 

* * * * * 

Dated: August 27, 2021. 

E.J. Van Camp, 

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

Port Long Island Sound. 

[FR Doc. 2021–19148 Filed 9–7–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 402, 403, 411, 412, 422, 

423, 460, 483, 488, and 493 

[CMS–6076–RCN3] 

RIN 0991–AC07 

Medicare and Medicaid Programs; 

Adjustment of Civil Monetary Penalties 

for Inflation; Continuation of 

Effectiveness and Extension of 

Timeline for Publication of the Final 

Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Continuation of effectiveness 

and extension of timeline for 

publication of the final rule. 

SUMMARY: This document announces the 

continuation of, effectiveness of, and the 

extension of the timeline for publication 

of a final rule. We are issuing this 

document in accordance with the Social 

Security Act (the Act), which allows an 

interim final rule to remain in effect 

after the expiration of the timeline 

specified in the Act if the Secretary 

publishes a notice of continuation 

explaining why we did not comply with 

the regular publication timeline. 

DATES: Effective September 3, 2021, the 

Medicare provisions adopted in the 

interim final rule published on 

September 6, 2016 (81 FR 61538) 

continue in effect and the regular 

timeline for publication of the final rule 

is extended for an additional year, until 

September 6, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Steve Forry (410) 786–1564 or Jaqueline 

Cipa (410) 786–3259. 

SUPPLEMENTARY INFORMATION: Section 

1871(a) of the Social Security Act (the 

Act) sets forth certain procedures for 

promulgating regulations necessary to 

carry out the administration of the 

insurance programs under Title XVIII of 

the Act. Section 1871(a)(3)(A) of the Act 

requires the Secretary, in consultation 

with the Director of the Office of 

Management and Budget (OMB), to 

establish a regular timeline for the 

publication of final regulations based on 

the previous publication of a proposed 

rule or an interim final rule. In 

accordance with section 1871(a)(3)(B) of 

the Act, such timeline may vary among 

different rules, based on the complexity 

of the rule, the number and scope of the 

comments received, and other relevant 

factors. However, the timeline for 

publishing the final rule, cannot exceed 

3 years from the date of publication of 

the proposed or interim final rule, 

unless there are exceptional 

circumstances. After consultation with 

the Director of OMB, the Secretary 

published a notice, which appeared in 

the December 30, 2004 Federal Register 

on (69 FR 78442), establishing a general 

3-year timeline for publishing Medicare 

final rules after the publication of a 

proposed or interim final rule. 

Section 1871(a)(3)(C) of the Act states 

that upon expiration of the regular 

timeline for the publication of a final 

regulation after opportunity for public 

comment, a Medicare interim final rule 

shall not continue in effect unless the 

Secretary publishes a notice of 

continuation of the regulation that 

includes an explanation of why the 

regular timeline was not met. Upon 

publication of such notice, the regular 

timeline for publication of the final 

regulation is treated as having been 

extended for 1 additional year. 

On September 6, 2016 Federal 

Register (81 FR 61538), the Department 

of Health and Human Services (HHS) 

issued a department-wide interim final 

rule titled ‘‘Adjustment of Civil 

Monetary Penalties for Inflation’’ that 

established new regulations at 45 CFR 

part 102 to adjust for inflation the 

maximum civil monetary penalty 

amounts for the various civil monetary 

penalty authorities for all agencies 

within the Department. HHS took this 

action to comply with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (the Inflation Adjustment Act) (28 

U.S.C. 2461 note 2(a)), as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (section 701 of the Bipartisan 

Budget Act of 2015, (Pub. L. 114–74), 

enacted on November 2, 2015). In 

addition, this September 2016 interim 

final rule included updates to certain 

agency-specific regulations to reflect the 

new provisions governing the 

adjustment of civil monetary penalties 

for inflation in 45 CFR part 102. 

One of the purposes of the Inflation 

Adjustment Act (see section 2(b)(1)) was 

to create a mechanism to allow for 

regular inflationary adjustments to 

federal civil monetary penalties. The 

2015 amendments removed an inflation 

update exclusion that previously 

applied to the Social Security Act as 

well as to the Occupational Safety and 

Health Act. The 2015 amendments also 

‘‘reset’’ the inflation calculations by 

excluding prior inflationary adjustments 

under the Inflation Adjustment Act and 

requiring agencies to identify, for each 

penalty, the year and corresponding 

amount(s) for which the maximum 

penalty level or range of minimum and 

maximum penalties was established 

(that is, originally enacted by Congress) 

or last adjusted other than pursuant to 

the Inflation Adjustment Act. In 

accordance with section 4 of the 

Inflation Adjustment Act, agencies were 

required to: (1) Adjust the level of civil 

monetary penalties with an initial 

‘‘catch-up’’ adjustment through an 

interim final rulemaking (IFR) to take 

effect by August 1, 2016; and (2) make 

subsequent annual adjustments for 

inflation. 

In the September 2016 interim final 

rule, HHS adopted new regulations at 45 

CFR part 102 to govern adjustment of 

civil monetary penalties for inflation. 

The regulation at 45 CFR 102.1 provides 

that part 102 applies to each statutory 

provision under the laws administered 

by HHS concerning civil monetary 

penalties, and that the regulations in 

part 102 supersede existing HHS 

regulations setting forth civil monetary 

penalty amounts. The civil money 

penalties and the adjusted penalty 

amounts administered by all HHS 

agencies are listed in tabular form in 45 

CFR 102.3. In addition to codifying the 

adjusted penalty amounts identified in 

§ 102.3, the HHS-wide interim final rule 

included several technical conforming 

updates to certain agency-specific 

regulations, including various CMS 

regulations, to identify their updated 

information, and incorporate a crossreference to the location of HHS-wide 

regulations. 

Because the conforming changes to 

the Medicare provisions were part of a 

larger, omnibus departmental interim 

final rule, we inadvertently missed 

setting a target date for publication of 

the final rule to make permanent the 

conforming changes to the Medicare 

regulations in accordance with section 

1871(a)(3)(A) of the Act and the 

procedures outlined in the December 

2004 notice. Therefore, in the January 2, 

2020 Federal Register (85 FR 7), we 

published a document continuing the 

effectiveness of the interim final rule for 

an additional year, until September 6, 

2020. 

On January 31, 2020, pursuant to 

section 319 of the Public Health Service 

Act (PHSA), the Secretary determined 

that a Public Health Emergency (PHE) 

exists for the United States to aid the 


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