47112 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 

§ 23.46 Compliance procedures. 

(a) Treasury may enforce the Act and 

these regulations through: 

(1) Termination of a recipient’s 

Federal financial assistance from 

Treasury under the program or activity 

involved where the recipient has 

violated the Act or these regulations. 

The determination of the recipient’s 

violation may be made only after a 

recipient has had an opportunity for a 

hearing on the record before an 

administrative law judge. 

(2) Any other means authorized by 

law, including but not limited to: 

(i) Referral to the Department of 

Justice for proceedings to enforce any 

rights of the United States or obligations 

of the recipient created by the Act or 

these regulations; 

(ii) Referral to the Equal Employment 

Opportunity Commission, Department 

of Labor, the Department of Health and 

Human Services, or the Department of 

Education, as applicable; and 

(iii) Use of any requirement of or 

referral to any Federal, State, or local 

government agency that will have the 

effect of correcting a violation of the Act 

or these regulations. 

(b) Treasury will limit any 

termination under paragraph (a)(1) of 

this section to the particular recipient 

and particular program or activity or 

part of such program or activity 

Treasury finds in violation of these 

regulations. Treasury will not base any 

part of a termination on a finding with 

respect to any program or activity of the 

recipient that does not receive Federal 

financial assistance from Treasury. 

(c) Treasury will take no action under 

paragraph (a) of this section until: 

(1) The Secretary has advised the 

recipient of its failure to comply with 

the Act and these regulations and has 

determined that voluntary compliance 

cannot be obtained. 

(2) Thirty days have elapsed after the 

Secretary has sent a written report of the 

circumstances and grounds of the action 

to the committees of Congress having 

legislative jurisdiction over the Federal 

program or activity involved. The 

Secretary will file a report whenever 

any action is taken under paragraph (a) 

of this section. 

(d) Treasury also may defer granting 

new Federal financial assistance to a 

recipient when a hearing under 

paragraph (a)(1) of this section is 

initiated. 

(1) New Federal financial assistance 

from Treasury includes all assistance for 

which Treasury requires an application 

or approval, including renewal or 

continuation of existing activities, or 

authorization of new activities, during 

the deferral period. New Federal 

financial assistance from Treasury does 

not include increases in funding as a 

result of changed computation of 

formula awards or assistance approved 

prior to the beginning of a hearing under 

paragraph (a)(1) of this section. 

(2) Treasury will not begin a deferral 

until the recipient has received a notice 

of an opportunity for a hearing under 

paragraph (a)(1) of this section. Treasury 

will not continue a deferral for more 

than 60 days unless a hearing has begun 

within that time or the time for 

beginning the hearing has been 

extended by mutual consent of the 

recipient and the Secretary. Treasury 

will not continue a deferral for more 

than 30 days after the close of the 

hearing, unless the hearing results in a 

finding against the recipient. 

(3) Treasury will limit any deferral to 

the particular recipient and particular 

program or activity or part of such 

program or activity Treasury finds in 

violation of these regulations. Treasury 

will not base any part of a deferral on 

a finding with respect to any program or 

activity of the recipient that does not, 

and would not in connection with the 

new funds, receive Federal financial 

assistance from Treasury. 

§ 23.47 Hearings, decisions, posttermination proceedings. 

Treasury procedural provisions for 

hearings, decisions, and posttermination proceedings applicable to 

Title VI of the Civil Rights Act of 1964 

and its implementing regulations within 

Title 31 of the CFR shall apply to 

Treasury enforcement of these 

regulations. 

§ 23.48 Remedial action by recipient. 

Where Treasury finds a recipient has 

discriminated on the basis of age in 

violation of the Act or this part, the 

recipient shall take any remedial action 

that Treasury may require to overcome 

the effects of the discrimination. 

§ 23.49 Alternate funds disbursal 

procedure. 

(a) When Treasury withholds funds 

from a recipient under these regulations, 

the Secretary may disburse the withheld 

funds directly to an alternate recipient, 

where appropriate: Any public or nonprofit private organization or agency, or 

State or political subdivision of the 

State. 

(b) The Secretary will require any 

alternate recipient to demonstrate: 

(1) The ability to comply with these 

regulations; and 

(2) The ability to achieve the goals of 

the Federal statute authorizing the 

Federal financial assistance. 

§ 23.50 Exhaustion of administrative 

remedies. 

(a) A complainant may file a civil 

action following the exhaustion of 

administrative remedies under the Act. 

Administrative remedies are exhausted 

if: 

(1) 180 days have elapsed since the 

complainant filed the complaint and 

Treasury has made no finding with 

regard to the complainant; or 

(2) Treasury issues any finding in 

favor of the recipient. 

(b) If Treasury fails to make a finding 

within 180 days or issues a finding in 

favor of the recipient, Treasury shall: 

(1) Promptly advise the complainant 

of this fact; and 

(2) Advise the complainant of his or 

her right to bring a civil action for 

injunctive relief; and 

(3) Inform the complainant: 

(i) That the complainant may bring a 

civil action only in a United States 

district court for the district in which 

the recipient is found or transacts 

business; 

(ii) That a complainant prevailing in 

a civil action has the right to be awarded 

the costs of the action, including 

reasonable attorney’s fee, but that the 

complainant must demand these costs 

in the complaint. 

(iii) That before commencing the 

action the complainant shall give 30 

days notice by registered mail to the 

Secretary, the Secretary of HHS, the 

Attorney General of the United States, 

and the recipient. 

(iv) That the notice must state: The 

alleged violation of the Act; the relief 

requested; the court in which the 

complainant is bringing the action; and 

whether or not attorney’s fees are 

demanded in the event the complainant 

prevails; and 

(v) That the complainant may not 

bring an action if the same alleged 

violation of the Act by the same 

recipient is the subject of a pending 

action in any court of the United States. 

Kody H. Kinsley, 

Assistant Secretary for Management. 

[FR Doc. 2017–21905 Filed 10–10–17; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0963] 

Drawbridge Operation Regulation; 

Sacramento River, Sacramento, CA 

AGENCY: Coast Guard, DHS. 


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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47113 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Tower 

Drawbridge across the Sacramento 

River, mile 59.0, at Sacramento, CA. The 

deviation is necessary to allow the 

community to participate in the Walk 

Against Breast Cancer event. This 

deviation allows the bridge to remain in 

the closed-to-navigation position during 

the deviation period. 

DATES: This deviation is effective from 

8 a.m. through 11 a.m. on October 22, 

2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0963, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Carl T. Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516; email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

California Department of Transportation 

has requested a temporary change to the 

operation of the Tower Drawbridge over 

the Sacramento River, mile 59.0, at 

Sacramento, CA. The drawbridge 

navigation span provides a vertical 

clearance of 30 feet above Mean High 

Water in the closed-to-navigation 

position. The draw operates as required 

by 33 CFR 117.189(a). Navigation on the 

waterway is commercial and 

recreational. 

The drawspan will be secured in the 

closed-to-navigation position from 8 

a.m. through 11 a.m. on October 22, 

2017, to allow the community to 

participate in the Walk Against Breast 

Cancer event. This temporary deviation 

has been coordinated with the waterway 

users. No objections to the proposed 

temporary deviation were raised. 

Vessels able to pass through the bridge 

in the closed position may do so at any 

time. In the event of an emergency the 

draw can open on signal if at least one 

hour notice is given to the bridge 

operator. There are no immediate 

alternate routes for vessels to pass. The 

Coast Guard will also inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 5, 2017. 

Carl T. Hausner, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2017–21924 Filed 10–10–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0801] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Socastee, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule; request 

for comments. 

SUMMARY: The Coast Guard is 

establishing an intermittent safety zone 

related to ongoing construction of South 

Carolina Highway 31 (SC–31) Bridge 

located in Socastee, SC on the Atlantic 

Intracoastal Waterway at mile marker 

372.3. The temporary safety zone will be 

set one day per week during overhead 

construction operations. The safety zone 

is needed to ensure the safety of 

persons, vessels, and the marine 

environment from potential hazards 

created by the bridge construction. 

Details for specific dates and times will 

be relayed via Sector Charleston Marine 

Safety Information Bulletin and Seventh 

District Local Notice Mariners. Entry of 

vessels or persons into these zones is 

prohibited unless specifically 

authorized by the Captain of the Port 

Charleston or a designated 

representative. We invite your 

comments on this rulemaking. 

DATES: This rule is effective from 

October 11, 2017 until March 19, 2018. 

Comments and related materials must 

be received by the Coast Guard on or 

before November 13, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0801 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0801 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Justin Heck, Sector 

Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email Justin.C.Heck@

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 

OMB Office of Management and Budget 

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 

immediate action is needed to respond 

to the potential safety hazards 

associated with bridge construction 

operations that are scheduled to begin 

on October 16, 2017. The Coast Guard 

was initially notified of the need for a 

safety zone on August 8, 2017. 

Hurricane Irma impacted the timeline 

for commencement of the project and 

the Coast Guard received updated plans 

for the construction operations on 

September 18, 2017. Therefore, 

publishing an NPRM is impracticable 

and contrary to public interest. 

Under 5 U.S.C. 553(d)(3), and for the 

same reasons stated above, the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

III. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 


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