2256 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations

Regulatory Flexibility Act Division for CBP, for purposes of associated with the 59th Presidential publication in the Federal Register. Inauguration are scheduled from Because no notice of proposed January 17, 2021, to January 25, 2021. rulemaking is required, the provisions Robert F. Altneu, The Coast Guard will enforce of the Regulatory Flexibility Act (5 Director, Regulations & Disclosure Law regulations in 33 CFR 165.508 for the U.S.C. 601 et seq.) do not apply. Division, Regulations & Rulings, Office of zone identified in paragraph (a)(6). This Trade, U.S. Customs and Border Protection. Executive Orders 12866 and 13771 action is being taken to protect Approved: January 7, 2021. government officials, mitigate potential CBP has determined that this Timothy E. Skud, terrorist acts and incidents, and enhance document is not a regulation or rule Deputy Assistant Secretary of the Treasury. public and maritime safety and security subject to the provisions of Executive immediately before, during, and after Order 12866 or Executive Order 13771 [FR Doc. 2021–00499 Filed 1–11–21; 8:45 am] BILLING CODE 9111–14–P this event. because it pertains to a foreign affairs Our regulations for Security Zone; function of the United States, as Potomac River and Anacostia River, and described above, and therefore is DEPARTMENT OF HOMELAND adjacent waters; Washington, DC, specifically exempted by section 3(d)(2) SECURITY § 165.508, specifies the location for this of Executive Order 12866 and section security zone as an area that includes all 4(a) of Executive Order 13771. Coast Guard navigable waters described in Signing Authority paragraphs (a)(1) through (a)(3). This 33 CFR Part 165 zone includes (1) Security Zone 1; all This regulation is being issued in [Docket No. USCG–2020–0652] navigable waters of the Potomac River, accordance with 19 CFR 0.1(a)(1) from shoreline to shoreline, bounded to pertaining to the Secretary of the RIN 1625–AA87 the north by the Francis Scott Key (US– Treasury’s authority (or that of his/her 29) Bridge, at mile 113, and bounded to delegate) to approve regulations related Security Zone; Potomac River and the south by a line drawn from the to customs revenue functions. Anacostia River, and Adjacent Waters; Virginia shoreline at Ronald Reagan Washington, DC List of Subjects in 19 CFR Part 12 Washington National Airport, at ° ′ ″ ° ′ ″ AGENCY: Coast Guard, DHS. 38 51 21.3 N, 077 02 00.0 W, eastward Cultural property, Customs duties and across the Potomac River to the District ACTION: Notice of Enforcement of inspection, Imports, Prohibited of Columbia shoreline at Hains Point at Regulation. merchandise, and Reporting and position 38°51′24.3″ N, 077°01′19.8″ W, recordkeeping requirements. SUMMARY: The Coast Guard will enforce including the waters of the Boundary Amendments to the CBP Regulations a security zone along the Potomac River Channel, Pentagon Lagoon, Georgetown and Anacostia River, and adjacent Channel Tidal Basin, and Roaches Run. For the reasons set forth above, part waters at Washington, DC, for activities (2) Security Zone 2; all navigable waters 12 of title 19 of the Code of Federal associated with the 59th Presidential of the Anacostia River, from shoreline to Regulations (19 CFR part 12), is Inauguration. The zone will be enforced shoreline, bounded to the north by the amended as set forth below: on the days leading up to and through John Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, and PART 12—SPECIAL CLASSES OF the cessation of activities associated bounded to the south by a line drawn MERCHANDISE with the 59th Presidential Inauguration taking place on January 20, 2021. This from the District of Columbia shoreline ° ′ ″ ■ action is necessary to protect at Hains Point at position 38 51 24.3 N, 1. The general authority citation for ° ′ ″ part 12 and the specific authority government officials, mitigate potential 077 01 19.8 W, southward across the citation for § 12.104g continue to read terrorist acts and incidents, and enhance Anacostia River to the District of public and maritime safety and security Columbia shoreline at Giesboro Point at as follows: ° ′ ″ ° ′ ″ immediately before, during, and after position 38 50 52.4 N, 077 01 10.9 W, Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 including the waters of the Washington (General Note 3(i), Harmonized Tariff these activities. During the enforcement period, entry into or remaining within Channel. (3) Security Zone 3 all Schedule of the United States (HTSUS)), navigable waters of the Potomac River, 1624; the zone is prohibited unless authorized from shoreline to shoreline, bounded to * * * * * by the Captain of the Port or his designated representative. the north by a line drawn from the Sections 12.104 through 12.104i also Virginia shoreline at Ronald Reagan issued under 19 U.S.C. 2612; DATES: The regulations in 33 CFR Washington National Airport, at 165.508 will be enforced from 8 a.m. on * * * * * 38°51′21.3″ N, 077°02′00.0″ W, eastward January 17, 2021, through 8 a.m. on across the Potomac River to the District § 12.104g [Amended] January 25, 2021, for the zone identified of Columbia shoreline at Hains Point at in 33 CFR 165.508(a)(6). ■ 2. In § 12.104g, amend the table in position 38°51′24.3″ N, 077°01′19.8″ W, paragraph (a), in the entry for Italy, by FOR FURTHER INFORMATION CONTACT: If thence southward across the Anacostia removing the words ‘‘CBP Dec. 16–02’’ you have questions about this notice of River to the District of Columbia and adding in their place the words enforcement, call or email MST2 Shaun shoreline at Giesboro Point at position ‘‘CBP Dec. 21–01’’. Landante, U.S. Coast Guard Sector 38°50′52.4″ N, 077°01′10.9″ W, and Mark A. Morgan, the Chief Operating Maryland-National Capital Region bounded to the south by the Woodrow Officer and Senior Official Performing (Waterways Management Division); Wilson Memorial (I–95/I–495) Bridge, at the Duties of the Commissioner, having telephone 410–576–2570, email mile 103.8. reviewed and approved this document, [email protected]. As specified in § 165.508 (b), during is delegating the authority to SUPPLEMENTARY INFORMATION: On the enforcement period, entry into or electronically sign this notice document October 2, 2020, the Coast Guard was remaining in the zone is prohibited to Robert F. Altneu, who is the Director notified by the event organizer that the unless authorized by the Coast Guard of the Regulations and Disclosure Law anticipated dates for the activities Captain of the Port Maryland-National

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Capital Region. Public vessels and requirements, and a portion of the sowed uncertainty that, over time, could vessels already at berth at the time the provision dealing with shared decrease the effectiveness of security zone is implemented do not responsibility payments under the Department-funded programs by have to depart the security zone. All Affordable Care Act. This rule also deterring participation in them. vessels underway within the security amends sections dealing with national Given the careful balancing of rights, zone at the time it is implemented are policy requirements to bring them into obligations, and goals in the public- to depart the zone at the time the compliance with the authority under private partnerships in Federal grant security zone is implemented. To seek which the UAR is promulgated and programs, the Department believes it permission to transit the zone, the OMB guidance, as well as to reflect appropriate to impose only those Captain of the Port Maryland-National those nondiscrimination requirements nondiscrimination requirements Capital Region can be contacted at that have been adopted by Congress. required by the Constitution and federal telephone number (410) 576–2693 or on DATES: This rule is effective February statutes applicable to the Department’s Marine Band Radio, VHF–FM channel 11, 2021. grantees. But such authorities do not 16 (156.8 MHz). Coast Guard vessels FOR FURTHER INFORMATION CONTACT: support the application of some of the enforcing this zone can be contacted on Johanna Nestor at Johanna.Nestor@ requirements in existing § 75.300(c) and Marine Band Radio, VHF–FM channel hhs.gov or 202–205–5904. (d) to all recipients of Departmental 16 (156.8 MHz). The Coast Guard may SUPPLEMENTARY INFORMATION: assistance or to all Department-funded be assisted by other Federal, state or programs. Accordingly, the Department Table of Contents local law enforcement agencies in revises § 75.300(c) to recognize the enforcing this regulation. If the Captain I. Introduction public policy requirement that of the Port or his designated on-scene II. Background otherwise eligible persons not be patrol personnel determines the security III. Statutory Authority excluded from participation in, denied IV. Section-by-Section Description of the zone need not be enforced for the full the benefits of, or subjected to duration stated in this notice, a Final Rule and Response to Public Comments discrimination in the administration of Broadcast Notice to Mariners may be V. Regulatory Impact Analysis programs and services where such used to suspend enforcement and grant actions are prohibited by federal statute. general permission to enter the security I. Introduction The Department also revises § 75.300(d) zone. This rule repromulgates provisions of to state clearly that the Department will This notice of enforcement is issued Part 75 that were originally published follow all applicable Supreme Court under authority of 33 CFR 165.508 and late in 2016 in a rulemaking which the decisions in the administration of the 5 U.S.C. 552(a). In addition to this Department had serious concerns about Department’s award programs.2 notice of enforcement in the Federal compliance with certain requirements of With respect to the other provisions Register, the Coast Guard will provide the Regulatory Flexibility Act. This rule in the 2016 rulemaking, the Department notification of this enforcement period also finalizes proposed changes to repromulgates § 75.305(a), which via the Local Notice to Mariners and § 75.300, on statutory and national addressed the applicability of certain marine information broadcasts. policy requirements to bring them into payment provisions to states; § 75.365, Dated: December 28, 2020. alignment with the Department’s which authorized the grant agency to Joseph B. Loring, statutory authorities, including those require recipients to permit public underlying part 75. The Department is Captain, U.S. Coast Guard, Captain of the access to various materials produced Port Maryland-National Capital Region. committed to the principle that every under a grant, but authorized the agency person must be treated with dignity and [FR Doc. 2020–28985 Filed 1–11–21; 8:45 am] to place restrictions on grantees’ ability respect and afforded all of the BILLING CODE 9110–04–P to make public any personally protections of the Constitution and identifiable information or other statutes enacted by Congress—and to information that would be exempt from fully enforcing such civil rights disclosure under FOIA; § 75.414(c)(1)(i) DEPARTMENT OF HEALTH AND protections and requirements. The through (iii) and (f), which established HUMAN SERVICES Department has determined, however, limits on the amount of indirect costs that the public policy requirements it 45 CFR Part 75 allowable under certain types of grants; imposed in the existing § 75.300(c) and and § 75.477, which established that RIN 0991–AC16 (d) disrupted the balance struck by Congress with respect to recipients could not include, in Health and Human Services Grants nondiscrimination requirements allowable costs under HHS grants, any Regulation applicable to grant recipients and, as tax payment imposed on an employer evidenced by the requests for for failure to comply with the AGENCY: Office of the Assistant Affordable Care Act’s employer shared Secretary for Financial Resources, accommodations and lawsuits, will violate the Religious Freedom responsibility provisions, but does not Department of Health and Human repromulgate the exclusion from Services. Restoration Act, 42 U.S.C. 2000bb– 2000bb–4 (RFRA), in some allowable costs in grants of penalties ACTION: Final rule. circumstances.1 The Department also due for failing to comply with the believes that these requirements have individual shared responsibility SUMMARY: This final rule repromulgates provision because such tax penalty has and adopts changes to certain 1 Some non-Federal entities and commenters been reduced to zero except for tax provisions in the Department’s Uniform argued that the Department lacked the legal penalties associated with failure to Administrative Requirements, Cost authority to promulgate existing § 75.300(c) and (d). maintain minimum essential coverage Principles, and Audit Requirements for While the Department is concerned about its prior to January 1, 2019. HHS awards (UAR). This rule statutory authority for these existing provisions, it does not need to resolve the issue definitively repromulgates sections of the UAR because the Department believes that amending 2 The final rule also does not repromulgate, and dealing with payments, access to these provisions is warranted in light of the other removes, § 75.101(f); with the amendments to records, indirect allowable cost reasons set forth in this preamble. § 75.300(c) and (d), the provision is not necessary.

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