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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations
Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247. 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. 35013520.
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.

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E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 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 02301, 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

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U.S.C. 43214370f, 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 a safety zone lasting only one hour that will prohibit entry within 250-yard radius of where the fireworks display will be conducted. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 of DHS
Instruction Manual 0230100101, 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 amends 33
CFR part 165 as follows:
PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:

Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
department of Homeland Security Delegation No. 0170.1.

2. Add 165.T090576 to read as follows:

165.T090576 Safety Zone; Maumee River; Toledo, OH.

a Location. The following area is a safety zone: All U.S. navigable waters of the Maumee River within a within a 250-yard radius of the fireworks launch site located at position 413854 N
833154 W. All geographic coordinates are North American Datum of 1983
NAD 83.
b Enforcement period. This section will be enforced from 9:30 p.m. through 10:30 p.m. on September 3, 2021. The Captain of the Port Detroit, or a designated representative may suspend enforcement of the safety zone at any time.

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c Regulations. 1 In accordance with the general regulations in 165.23, entry into, transiting or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Detroit, or his designated representative.
2 This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated representative.
3 The designated representative of the Captain of the Port Detroit is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port Detroit to act on their behalf. The designated representative of the Captain of the Port Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
The Captain of the Port Detroit or a designated representative may be contacted via VHF Channel 16.
4 Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Detroit or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Detroit or a designated representative.
Dated: July 22, 2021.
Brad W. Kelly, Captain, U.S. Coast Guard, Captain of the Port Detroit.
FR Doc. 202116031 Filed 72721; 8:45 am BILLING CODE 911004P

DEPARTMENT OF EDUCATION
34 CFR Parts 31 and 32
Docket ID ED2021OFO0083
RIN 1880AA90

Permissibility of Administrative Law Judges Presiding Over Salary PreOffset Hearings Office of Finance and Operations OFO, Department of Education.
ACTION: Final regulations.
AGENCY:

The Department of Education Department amends its regulations regarding salary pre-offset hearings to expressly permit administrative law judges ALJs to act as the presiding officers.

SUMMARY:

These final regulations are effective July 28, 2021.

DATES:

FOR FURTHER INFORMATION CONTACT:

Anthony Cummings, 550 12th Street SW, Room 10089, Potomac Center Plaza, Washington, DC 20202. Telephone:

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