Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations 38077

TABLE 1 TO § 165.151—Continued 8.4 Town of Babylon Fireworks ...... • Location: Waters off of Cedar Beach Town Park, Babylon, NY, in approximate position 40°37′53″ N, 073°20′12″ W (NAD 83).

8.5 Shelter Island Yacht Club Fireworks ...... • Date: A single day event in August. • Location: Waters of Dering Harbor north of Shelter Island Yacht Club, Shelter Island, NY, in approximate position 41°05′23.47″ N, 072°21′11.18″ W (NAD 83).

8.6 Stamford Fireworks ...... • Date: A single day event in August. • Location: Waters of Stamford Harbor, off Kosciuszco Park, Stamford, CT, in approximate position 41°01′48.46″ N, 073°32′15.32″ W (NAD 83).

8.7 Nikon Theater at Jones Beach Fireworks • Date: A single day event in August. • Location: Waters of Zacks Bay off the Nikon Theater, Jones Beach, NY, in approximate po- sition 40°36′02.12″ N, 073°30′05.65″ W (NAD 83).

8.8 Ascension Fireworks ...... • Date: A single day event in August. • Location: Waters of the Great South Bay off The Pines, East Fire Island, NY, in approximate position 40°40′07.43″ N, 073°04′13.88″ W (NAD 83).

9 September

9.1 East Hampton Fire Department Fireworks • Location: Waters off Main Beach, East Hampton, NY, in approximate position 40°56′40.28″ N, 072°11′21.26″ W (NAD 83).

9.2 Town of Islip Labor Day Fireworks ...... • Location: Waters of Great South Bay off Bay Shore Marina, Islip, NY, in approximate posi- tion 40°42′24″ N, 073°14′24″ W (NAD 83).

9.3 Village of Island Park Labor Day Celebra- • Location: Waters off Village of Island Park Fishing Pier, Village Beach, NY, in approximate tion Fireworks. position 40°36′30.95″ N, 073°39′22.23″ W (NAD 83).

9.4 The Creek Fireworks ...... • Date: A single day event in September. • Location: Waters of Long Island Sound off the Creek Golf Course, Lattingtown, NY, in ap- proximate position 40°54′13″ N, 073°35′58″ W (NAD 83).

9.5 Archangel Michael Greek Orthodox • Date: A single day event in September or October. Church Fireworks. • Location: Waters of Hempstead Harbor off Bar Beach Town Park, Port Washington, NY, in approximate position 40°49′42″ N, 073°39′07″ W (NAD 83).

9.6 Port Washington Sons of Italy Fireworks .. • Location: Waters of Hempstead Harbor off Bar Beach, North Hempstead, NY, in approxi- mate position 40°49′48.04″ N, 073°39′24.32″ W (NAD 83).

11 November

11.1 Charles W. Morgan Anniversary Fire- • Date: A day during the first or second weekend of November. works. • Location: Waters of the Mystic River, north of the Mystic Seaport Light, Mystic, CT, in ap- proximate position 41°21′56.455″ N, 071°57′58.32″ W (NAD 83).

11.2 Christmas Boat Parade Fireworks ...... • Location: Waters of Patchogue Bay off Lombardi’s on the Bay Restaurant, Patchogue, NY, in approximate position 40°44′39.18″ N, 073°00′37.80″ W (NAD 83).

11.3 Connetquot River Fall Fireworks ...... • Location: Waters of the Connetquot River off Snapper Inn Restaurant, Oakdale, NY, in ap- proximate position 40°43′32.38″ N, 073°09′02.64″ W (NAD 83).

12 December

12.1 Greenport Winter Fireworks ...... • Date: From 11:45 p.m. December 31 until 12:30 a.m. January 1. • Location: Waters of Greenport Harbor off Mitchell Park and Marina, Greenport, NY, in ap- proximate position 41°05′59.09″ N, 072°21′31.44″ W (NAD 83).

Dated: June 11, 2020. DEPARTMENT OF EDUCATION ACTION: Final rule. K.B. Reed, Captain, U.S. Coast Guard, Captain of the 34 CFR Part 263 SUMMARY: The Department of Education Port Sector Long Island Sound. (Department) amends the regulations for [FR Doc. 2020–12944 Filed 6–24–20; 8:45 am] RIN 1810–AB58 the Indian Education Professional Development (PD) Program, under BILLING CODE 9110–04–P Indian Education Discretionary Grant section 6122 of the Elementary and Programs; Professional Development Secondary Education Act of 1965, as Program amended (ESEA). This final rule provides additional time for participants AGENCY: Office of Elementary and in current PD grant-funded programs Secondary Education, Department of who are impacted by the extraordinary Education. circumstances related to the COVID–19

VerDate Sep<11>2014 16:57 Jun 24, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1 jbell on DSKJLSW7X2PROD with RULES 38078 Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations

pandemic to find qualifying employment. Similarly, employed related payback status who are required employment or to complete their work- graduates in work payback during FY to submit their employment status every related payback obligation. 2020 must submit evidence of six months (see 34 CFR 263.10). For DATES: Effective Date: June 25, 2020. continuing employment within a 24- those participants who lost their job a FOR FURTHER INFORMATION CONTACT: Ms. month period, rather than a 12-month number of months ago, or who Angela Hernandez-Marshall, U.S. period. The Department is changing graduated in spring 2019 and are still Department of Education, 400 Maryland only the provision for converting seeking employment, their second six- Avenue SW, Room 3W113, Washington, students to cash payback (34 CFR month submission may be due within DC 20202. Telephone: (202) 205–1909. 263.8(c)(1)); the regulatory requirements days or weeks and would trigger the Email: angela.hernandez-marshall@ for reporting every six months remains transition to cash payback under ed.gov. unchanged (34 CFR 263.10(b)). § 263.8. Due to the emergency nature of If you use a telecommunications Waiver of Notice and Comment this situation, there is not time for device for the deaf (TDD) or a text Rulemaking and Delayed Effective Date public notice and comment. By telephone (TTY), call the Federal Relay extending the timeline for submission of Service (FRS), toll free, at 1–800–877– Under the Administrative Procedure employment evidence, this final 8339. Act (APA) (5 U.S.C. 553), the regulation ensures that these Individuals with disabilities can Department generally offers interested participants will not be forced into debt obtain this document in an accessible parties the opportunity to comment on during this crisis, which would be format (e.g., braille, large print, proposed regulations. However, the contrary to the public interest. Instead audiotape, or compact disc) on request APA provides that an agency is not they can continue to seek qualifying to the contact person listed in this required to conduct notice and employment. section. comment rulemaking when the agency The APA also generally requires that for good cause finds that notice and SUPPLEMENTARY INFORMATION: The PD regulations be published at least 30 days public comment thereon are before their effective date but excepts program provides grants to train Indian impracticable, unnecessary, or contrary individuals to become teachers or from that requirement rules that grant or to the public interest. 5 U.S.C. 553(b)(B). recognize an exemption or relieve a administrators in school districts that Here, there is good cause to waive serve a high proportion of Indian restriction (5 U.S.C. 553(d)(1)). Because notice and comment rulemaking, these regulations relieve restrictions on students. ESEA section 6122 (20 U.S.C. because going through the full 7442). Under section 6122(h) of the participants by providing additional rulemaking process would delay the time to obtain qualifying employment, ESEA, the Secretary must require, by Department’s ability to provide relief to regulation, that individuals who receive this exception to the delayed effective PD program participants who would date under the APA applies. training under this program either otherwise be referred for cash payback. perform work related to the training and The good cause exception is Executive Orders 12866, 13563, and that benefits Indian students in a local appropriate ‘‘in emergency situations or 13771 educational agency that serves a high where delay could result in serious proportion of Indian students, or repay harm.’’ See Jifry v. FAA, 370 F.3d 1174, Regulatory Impact Analysis all or a prorated part of the assistance 1179 (D.C. Cir. 2004) (internal citations Under Executive Order 12866, it must received. Under the program regulations omitted). ‘‘The public interest prong of be determined whether this regulatory implementing this requirement, when the good cause exception to the APA action is ‘‘significant’’ and, therefore, participants graduate from their pre- notice and comment requirement is met subject to the requirements of the service training program, they must only in the rare circumstance when Executive order and subject to review by report on their employment status every ordinary procedures—generally the Office of Management and Budget six months. 34 CFR 263.10(b). If they presumed to serve the public interest— (OMB). Section 3(f) of Executive Order have not found qualifying employment would in fact harm that interest.’’ Mack 12866 defines a ‘‘significant regulatory in 12 months, then they are referred for Trucks Inc. v. E.P.A., 682 F.3d 87, 95 action’’ as an action likely to result in cash payback. 34 CFR 263.8(c)(1). In (D.C. Cir. 2012). a rule that may— addition, graduates who start their work The COVID–19 pandemic has (1) Have an annual effect on the payback but are no longer in qualifying escalated at a rapid pace and scale, economy of $100 million or more, or employment and do not submit resulting in extraordinary circumstances adversely affect a sector of the economy, evidence of such employment within a including widespread school closures. productivity, competition, jobs, the 12-month period are also referred for Many participants are experiencing environment, public health or safety, or cash payback. 34 CFR 263.8(c)(1). difficulties in finding employment, or State, local, or Tribal governments or The Department understands that, have lost employment, and we have communities in a material way (also due to the national emergency caused received requests for extensions of these referred to as an ‘‘economically by COVID–19, it is very difficult for deadlines. The COVID–19 crisis has hit significant’’ rule); graduates to find qualifying particularly hard in Indian Country. (2) Create serious inconsistency or employment at this time and, in some Some participants who graduated in otherwise interfere with an action taken cases, previously employed individuals 2019 are not able to find jobs for fall or planned by another agency; have lost their jobs. The Department is 2020, given the crisis and the lack of (3) Materially alter the budgetary therefore providing additional time for resources for many school districts. impacts of entitlements, grants, user participants to meet these regulatory Permitting these Native American fees, or loan programs or the rights and requirements regarding evidence of participants to continue to seek obligations of recipients thereof; or employment, by amending the employment in schools that serve a high (4) Raise novel legal or policy issues provisions in § 263.8(c). Participants proportion of Native American students, arising out of legal mandates, the who graduate from a program during rather than being forced into debt President’s priorities, or the principles Federal fiscal year (FY) 2020 (October 1, during this difficult time, is in the stated in the Executive order. 2019–September 30, 2020) will have 24 public interest. There are approximately This final regulatory action is not a months to submit evidence of qualifying 500 participants currently in work- significant regulatory action subject to

VerDate Sep<11>2014 16:57 Jun 24, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations 38079

review by OMB under section 3(f)(1) of changing future compliance costs that List of Subjects in 34 CFR Part 263 Executive Order 12866. might result from technological Business and industry, College and Under Executive Order 13771, for innovation or anticipated behavioral universities, Elementary and secondary each new regulation that the changes.’’ education, Grant programs—education, Department proposes for notice and We are issuing this final regulation Grant programs—Indians, Indians— comment or otherwise promulgates that only on a reasoned determination that education, Reporting and recordkeeping is a significant regulatory action under its benefits justify its costs. In choosing requirements, Scholarships and Executive Order 12866 and that imposes among alternative regulatory fellowships. total costs greater than zero, it must approaches, we selected those identify two deregulatory actions. For approaches that maximize net benefits. Betsy DeVos, FY 2020, any new incremental costs Based on the analysis that follows, the Secretary of Education. associated with a new regulation must Department believes that this final For the reasons discussed in the be fully offset by the elimination of regulation is consistent with the preamble, the Secretary amends title 34 existing costs through deregulatory principles in Executive Order 13563. actions. Because this final rule is not a We also have determined that this of the Code of Federal Regulations as significant regulatory action, the regulatory action does not unduly follows: requirements of Executive Order 13771 interfere with State, local, and Tribal PART 263—INDIAN EDUCATION do not apply. Pursuant to the governments in the exercise of their DISCRETIONARY GRANT PROGRAMS Congressional Review Act (5 U.S.C. 801 governmental functions. et seq.), the Office of Information and In accordance with the Executive ■ 1. The authority citation for part 263 Regulatory Affairs designated this rule orders, the Department has assessed the continues to read as follows: as not a ‘‘major rule,’’ as defined by 5 potential costs and benefits, both U.S.C. 804(2). quantitative and qualitative, of this Authority: 20 U.S.C. 7441, unless otherwise noted. We have also reviewed these regulatory action. This extension of the regulations under Executive Order regulatory deadline for participants to ■ 2. Section 263.8 is amended by adding 13563, which supplements and find and keep qualifying employment is a new paragraph (c)(5) to read as explicitly reaffirms the principles, not expected to have any costs because follows: structures, and definitions governing it merely allows additional time for § 263.8 What are the payback regulatory review established in those participants to submit their requirements? Executive Order 12866. To the extent evidence of employment in light of the * * * * * permitted by law, Executive Order extraordinary circumstances related to (c) * * * 13563 requires that an agency— the COVID–19 pandemic. There is no (5) Notwithstanding paragraph (c)(1) (1) Propose or adopt regulations only additional burden on our stakeholders of this section, participants who exit or on a reasoned determination that their but rather a benefit, and the additional complete a grant-funded training benefits justify their costs (recognizing burden on the Department, if any, is program in Federal fiscal year 2020 that some benefits and costs are difficult minor. to quantify); (October 1, 2019–September 30, 2020) (2) Tailor its regulations to impose the Regulatory Flexibility Act Certification who do not submit employment least burden on society, consistent with The Regulatory Flexibility Act does verification within 24 months of obtaining regulatory objectives and not apply to this rulemaking because program exit or completion, and taking into account—among other there is good cause to waive notice and participants with qualifying things, and to the extent practicable— comment under 5 U.S.C. 553. employment during Federal fiscal year the costs of cumulative regulations; 2020 who do not submit employment (3) In choosing among alternative Paperwork Reduction Act of 1995 verification for a 24-month period, will regulatory approaches, select those The final regulations do not create automatically be referred for a cash approaches that maximize net benefits any new information collection payback unless the participant qualifies (including potential economic, requirements. for a deferral as described in § 263.9. environmental, public health and safety, Electronic Access to This Document: * * * * * and other advantages; distributive The official version of this document is [FR Doc. 2020–13286 Filed 6–24–20; 8:45 am] impacts; and equity); the document published in the Federal BILLING CODE 4000–01–P (4) To the extent feasible, specify Register. You may access the official performance objectives, rather than the edition of the Federal Register and the behavior or manner of compliance a Code of Federal Regulations at ENVIRONMENTAL PROTECTION regulated entity must adopt; and www.govinfo.gov. At this site you can AGENCY (5) Identify and assess available view this document, as well as all other alternatives to direct regulation, documents of this Department 40 CFR Part 52 including economic incentives—such as published in the Federal Register, in user fees or marketable permits—to text or Portable Document Format [EPA–R08–OAR–2019–0689; FRL–10010– encourage the desired behavior, or (PDF). To use PDF, you must have 33–Region 8] provide information that enables the Adobe Acrobat Reader, which is Approval and Promulgation of Air public to make choices. available free at the site. Quality Implementation Plans; North Executive Order 13563 also requires You may also access documents of the Dakota; Revisions to Permitting Rules an agency ‘‘to use the best available Department published in the Federal techniques to quantify anticipated Register by using the article search AGENCY: Environmental Protection present and future benefits and costs as feature at www.federalregister.gov. Agency (EPA). accurately as possible.’’ The Office of Specifically, through the advanced ACTION: Final rule. Information and Regulatory Affairs of search feature at this site, you can limit OMB has emphasized that these your search to documents published by SUMMARY: In accordance with section techniques may include ‘‘identifying the Department. 110 of the Clean Air Act (CAA), the

VerDate Sep<11>2014 16:57 Jun 24, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1 jbell on DSKJLSW7X2PROD with RULES