Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations 57691

Family and Medical Leave is required as across the Trent River, mile 0.0, in New II. Basis and Purpose, and Regulatory soon as practicable. If the reason for this Bern, North Carolina. This modification History leave is foreseeable, it will generally be will allow the drawbridge to be The purpose of this rule is to alter the practicable to provide notice prior to the maintained in the closed position operating schedule that governs the US need to take leave. during peak traffic hours and provide 70 (Alfred C. Cunningham) Bridge * * * * * daily scheduled openings to meet the across the Trent River, mile 0.0, in New ■ 5. Amend § 826.100 by revising reasonable needs of navigation. Bern, North Carolina. This modification paragraph (a) to read as follows: DATES: This rule is effective October 16, will allow the drawbridge to be 2020. maintained in the closed position § 826.100 Documentation of need for leave. ADDRESSES: To view documents during peak traffic hours and provide mentioned in this preamble as being daily scheduled openings to meet the (a) An Employee is required to reasonable needs of navigation. On May provide the Employer documentation available in the docket, go to https:// www.regulations.gov. Type USCG– 13, 2020, the Coast Guard published a containing the following information as Notice of Proposed Rulemaking (NPRM) soon as practicable, which in most cases 2020–0027 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket entitled ‘‘Drawbridge Operation will be when the Employee provides Regulation; Trent River, New Bern, NC’’ notice under § 826.90: Folder on the line associated with this rule. in the Federal Register (85 FR 28546). (1) Employee’s name; There we stated why we issued the (2) Date(s) for which leave is FOR FURTHER INFORMATION CONTACT: If NPRM, and invited comments on our requested; you have questions on this rule, call or proposed regulatory action. During the (3) Qualifying reason for the leave; email Mr. Martin A. Bridges, Fifth Coast comment period that ended June 12, and Guard District (dpb), at (757) 398–6422, 2020, we received one comment and (4) Oral or written statement that the email [email protected]. that comment is addressed in Section IV Employee is unable to work because of SUPPLEMENTARY INFORMATION: of this Final Rule. the qualified reason for leave. * * * * * Table of Contents for Preamble III. Legal Authority and Need for Rule [FR Doc. 2020–20351 Filed 9–11–20; 5:00 pm] I. Abbreviations The Coast Guard is issuing this rule BILLING CODE 4510–27–P II. Basis and Purpose, and Regulatory History under authority 33 U.S.C. 499. The US III. Legal Authority and Need for Rule 70 (Alfred C. Cunningham) Bridge IV. Discussion of Changes, Comments, and across the Trent River, mile 0.0, in New DEPARTMENT OF HOMELAND Final Rule Bern, North Carolina, has a vertical SECURITY V. Regulatory Analyses clearance of 14 feet above mean high A. Regulatory Planning and Review water in the closed position and Coast Guard B. Impact on Small Entities C. Assistance for Small Entities unlimited vertical clearance above mean D. Collection of Information high water in the open position. The 33 CFR Part 117 E. Federalism and Indian Tribal Goverment current operation schedule for the [Docket No. USCG 2020–0027] F. Unfunded Mandates drawbridge is published in 33 CFR G. Environment 117.843(a) RIN 1625–AA09 H. Protest Activities Trent River is used predominately by Drawbridge Operation Regulation; I. Abbreviations recreational vessels, sailing vessels, and Trent River, New Bern, NC pleasure craft. The 16-month average of CFR Code of Federal Regulations bridge openings, average number of DHS Department of Homeland Security AGENCY: Coast Guard, DHS. vessels, and maximum number of bridge FR Federal Register ACTION: Final rule. OMB Office of Proposed Management and openings by month, as drawn from the Budget data contained in the bridge tender logs SUMMARY: The Coast Guard is altering NPRM Notice of proposed rulemaking provided by the North Carolina the operating schedule that governs the § Section Department of Transportation, is US 70 (Alfred C. Cunningham) Bridge U.S.C. United States Code presented below.

Average Average Maximum Month openings vessels openings

January ...... 28 24 28 February ...... 36 28 36 March ...... 67 56 67 April ...... 204 212 271 May ...... 236 265 302 June ...... 245 251 306 July ...... 199 185 242 August ...... 261 260 261 September ...... 161 163 161 October ...... 119 106 119 November ...... 122 85 122 December ...... 65 39 65 Monthly ...... 145 139 165 Daily ...... 56 54 63

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IV. Discussion of Comments, Changes that are independently owned and F. Unfunded Mandates Reform Act and Final Rule operated and are not dominant in their The Unfunded Mandates Reform Act The Coast Guard provided a comment fields, and governmental jurisdictions of 1995 (2 U.S.C. 1531–1538) requires period of 30 days and received one with populations of less than 50,000. Federal agencies to assess the effects of comment. The commenter is in favor of The Coast Guard received zero their discretionary regulatory actions. In removing the Sunday afternoon opening comments from the Small Business particular, the Act addresses actions restrictions from May 24 through Administration on this rule. The Coast that may result in the expenditure by a September 8, but deems the hour and Guard certifies under 5 U.S.C. 605(b) State, local, or tribal government, in the the half hour opening schedule from 6 that this rule would not have a aggregate, or by the private sector of a.m. to 10 p.m. as unnecessary, and significant economic impact on a $100,000,000 (adjusted for inflation) or would like to see the on-demand substantial number of small entities. more in any one year. Though this rule practice for bridge openings continued. C. Assistance for Small Entities will not result in such an expenditure, The Coast Guard considered the we do discuss the effects of this rule comment in relation to current and Under section 213(a) of the Small elsewhere in this preamble. The Coast prospective navigation safety and Business Regulatory Enforcement Guard received zero comments about mobility objectives, as well as the Fairness Act of 1996 (Public Law 104– money expenditures from any State, purpose of the proposed regulation, and 121), we want to assist small entities in local, or tribal government. found no basis upon which to amend understanding this rule. If the rule G. Environment the proposed regulatory language within would affect your small business, the final rule. organization, or governmental We have analyzed this rule under jurisdiction and you have questions Department of Homeland Security V. Regulatory Analyses concerning its provisions or options for Management Directive 023–01, Rev. 1, The Coast Guard has developed this compliance, please contact the person associated implementing instructions, rule after considering numerous statutes listed in the FOR FURTHER INFORMATION and Environmental Planning Policy and Executive Orders related to CONTACT section. The Coast Guard will COMDTINST 5090.1 (series) which rulemaking. Below we summarize our not retaliate against small entities that guide the Coast Guard in complying analyses based on a number of these question or complain about this rule of with the National Environmental Policy statutes and Executive Orders, and we any policy or action of the Coast Guard. Act of 1969 (NEPA)(42 U.S.C. 4321– discuss First Amendment rights of Small businesses may send comments 4370f). The Coast Guard has determined protesters. on the actions of Federal employees that this action is one of a category of A. Regulatory Planning and Review who enforce, or otherwise determine actions that do not individually or compliance with, Federal regulations to cumulatively have a significant effect on Executive Orders 12866 and 13563 the Small Business and Agriculture the human environment. This rule direct agencies to assess the costs and Regulatory Enforcement Ombudsman promulgates the operating regulations or benefits of available regulatory and the Regional Small Business procedures for drawbridges and is alternatives and, if regulation is Regulatory Fairness Boards. The categorically excluded from further necessary, to select regulatory Ombudsman evaluates these actions review, under paragraph L49, of Chapter approaches that maximize net benefits. annually and rates each agency’s 3, Table3–1 of the U.S. Coast Guard Executive Order 13771 directs agencies Environmental Planning to control regulatory costs through a responsiveness to small business. If you wish to comment on actions by Implementation Procedures. budgeting process. This rule has not Neither a Record of Environmental been designated a ‘‘significant employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Consideration nor a Memorandum for regulatory action,’’ under Executive the Record are required for this rule. Order 12866. Accordingly, it has not Coast Guard will not retaliate against been reviewed by the Office of small entities that question or complain H. Protest Activities about this rule or any policy or action Management and Budget (OMB) and The Coast Guard respects the First of the Coast Guard. pursuant to OMB guidance it is exempt Amendment rights of protesters. from the requirements of Executive D. Collection of Information Protesters are asked to contact the Order 13771. person listed in the FOR FURTHER This rule calls for no new collection This regulatory action determination INFORMATION CONTACT section to of information under the Paperwork is based on the fact that vessels can still coordinate protest activities so that your Reduction Act of 1995 (44 U.S.C. 3501– transit the bridge on signal from 10 p.m. message can be received without 3520). to 6 a.m., and on the hour and the half jeopardizing the safety or security of hour from 6 a.m. to 10 p.m., except from E. Federalism and Indian Tribal people, places or vessels. 7:30 a.m. to 8:30 a.m., and from 4:30 Government p.m. to 6 p.m., Monday through Friday, List of Subjects in 33 CFR Part 117 except holidays, when the draw shall A rule has implications for federalism Bridges. under Executive Order 13132, remain closed. The draw shall open For the reasons discussed in the Federalism, if it has a substantial direct upon request at all times for vessels as preamble, the Coast Guard amends 33 effect on the States, on the relationship defined in 33 CFR 117.31. CFR part 117 as follows: between the National Government and B. Impact on Small Entities the States, or on the distribution of PART 117—DRAWBRIDGE The Regulatory Flexibility Act of 1980 power and responsibilities among the OPERATION REGULATIONS (RFA), 5 U.S.C. 601–612, as amended, various levels of government. We have requires federal agencies to consider the analyzed this rule under that Order and ■ 1. The authority citation for part 117 potential impact of regulations on small have determined that it is consistent continues to read as follows: entities during rulemaking. The term with the fundamental federalism Authority: 33 U.S.C. 499; 33 CFR 1.05–1; ‘‘small entities’’ comprises small principles and preemption requirements and Department of Homeland Security businesses, not-for-profit organizations described in Executive Order 13132. Delegation No. 0170.1.

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■ 2. Revise § 117.843(a) to read as Telephone: 202–245–7425. Email: Rehabilitation Short-Term Training-CAP follows: [email protected]. grantee to continue providing critical If you use a telecommunications training and technical assistance to CAP § 117.843 Trent River. device for the deaf (TDD) or a text personnel, while the Innovative (a) The draw of the U.S. 70 Bridge, telephone (TTY), call the Federal Relay Rehabilitation Training program grantee mile 0.0, at New Bern: Service (FRS), toll free, at 1–800–877– designs and scales up a new, innovative (1) Shall open on the hour and the 8339. training program that, consistent with half hour from 6 a.m. to 10 p.m., except SUPPLEMENTARY INFORMATION: WIOA, maximizes the capacity of CAP during the times authorized in personnel to inform, advise, and accordance with (a) (2) of this section. Background advocate for individuals with (2) Shall remain closed from 7:30 a.m. In September 2015, the Rehabilitation disabilities and facilitate their access to to 8:30 a.m. and from 4:30 p.m. to 6 Services Administration (RSA) awarded expanded quality employment p.m., Monday through Friday; except a 60-month grant to the National opportunities in their States. holidays. Disability Rights Network (NDRN) Public Comment: In response to our (3) Shall open on signal from 10 p.m. under the Rehabilitation Short-Term invitation in the notification of to 6 a.m. Training Program, authorized under proposed waiver and extension of the (4) Shall open upon request at all section 302 of the Rehabilitation Act of project periods, five parties submitted times for vessels as defined in § 117.31. 1973, as amended (Rehabilitation Act) responsive comments. An analysis of * * * * * (29 U.S.C. 772). Under the grant, NDRN the comments follows. provides training and technical Dated: September 8, 2020. Comment: All commenters expressed assistance to increase the capacity of K.M. Smith, support for the Rehabilitation Short- CAP professionals to fulfill their Rear Admiral, U.S. Coast Guard, Commander, Term Training-CAP extension, Fifth Coast Guard District. responsibilities under section 112 of the Rehabilitation Act to inform, advise, including support for the Department’s [FR Doc. 2020–20269 Filed 9–15–20; 8:45 am] and advocate for individuals with stated reason for doing so. None of the BILLING CODE 9110–04–P disabilities and facilitate their access to commenters recommended changes or services and programs available under provided substantive comments the Rehabilitation Act, as amended by regarding the proposed extension and DEPARTMENT OF EDUCATION the Workforce Innovation and waiver itself. Opportunity Act (WIOA) (29 U.S.C. Discussion: We appreciate 34 CFR Chapter III 3101 et seq.). The performance period commenters’ support for this action, [Docket ID ED–2019–OSERS–0044] for that grant ends on September 30, which we believe will allow the 2020. Department to more effectively support Final Waiver and Extension of the On April 27, 2020, the Department CAP personnel. Project Period for a Grant that published in the Federal Register (85 Changes: None. Provides Rehabilitation Short-Term FR 23270) a document proposing an Final Waiver and Extension: Training to the Client Assistance extension of the Rehabilitation Short- Program (CAP) Term Training-CAP performance period The Department is extending the for an additional budget period, not to Rehabilitation Short-Term Training-CAP AGENCY: Office of Special Education and exceed September 30, 2021; a waiver of for an additional budget period, not to Rehabilitative Services (OSERS), the requirements in 34 CFR 75.250, exceed September 30, 2021. The Department of Education. which prohibit project periods Department has concluded that it would ACTION: Final waiver and extension of exceeding five years; and a waiver of the not be in the public interest to end the project period. requirements in 34 CFR 75.261(a) and Rehabilitation Short-Term Training-CAP (c)(2), which allow the extension of a grant while the new, enhanced CAP SUMMARY: The U.S. Department of project period only if the extension does training program under the Innovative Education (Department) waives the not involve the obligation of additional Rehabilitation Training priority related requirements in the Education Federal funds. to CAP (CFDA number 84.263D) is being Department General Administrative We are extending the Rehabilitation designed and ramped up during its first Regulations that generally prohibit Short-Term Training-CAP for an year. Doing so would reduce the project periods exceeding five years and additional year to assess and enhance Department’s ability to provide ongoing project period extensions involving the the Department’s CAP training and training and technical assistance that obligation of additional Federal funds. technical assistance approaches in light CAP professionals need to fulfill their The waiver and extension enable the of (a) the expanded quality employment responsibilities under the Rehabilitation Rehabilitation Short-Term Training-CAP opportunities for individuals with Act in the coming fiscal year (FY). under Catalog of Federal Domestic disabilities promoted by WIOA; (b) For this reason, the Department Assistance (CFDA) number 84.246K to promising employment initiatives waives the requirements in 34 CFR receive funding for an additional advanced by RSA’s Vocational 75.250, which prohibit project periods performance period of one year, not to Rehabilitation Technical Assistance exceeding five years, and the exceed September 30, 2021. Centers, consistent with WIOA; and (c) requirements in 34 CFR 75.261(a) and DATES: The waiver and extension of the new training delivery platforms and (c)(2), which allow the extension of a project period is effective September 16, methodologies that could be applied to project period only if the extension does 2020. this CAP training program, including not involve the obligation of additional FOR FURTHER INFORMATION CONTACT: the training that will be developed Federal funds. The waiver would allow Felipe Lulli, U.S. Department of under the Innovative Rehabilitation the Department to issue a one-time FY Education, 400 Maryland Avenue SW, Training program, CFDA number 2020 continuation award to the Room 5101, Potomac Center Plaza, 84.263D. In short, the waiver and Rehabilitation Short-Term Training- Washington, DC 20202–2800. extension will allow the current CAP, as follows.

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