Programs and Activities Authorized by the Adult Education and Family Literacy Act (Title II of the Workforce Innovation and Opportunity Act), 6974-6975 [2019-03660]
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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) 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 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), 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 the
modification of a security zone that
would prohibit entry into Bowery Bay
for a limited duration and for a limited
number of instances each year. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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
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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 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
VerDate Sep<11>2014
16:31 Feb 28, 2019
Jkt 247001
Department of Homeland Security Delegation
No. 0170.1.
2. In § 165.164, revise paragraph (a)(3)
to read as follows:
■
§ 165.164 Security Zones; Dignitary
Arrival/Departure and United Nations
Meetings, New York, NY.
(a) * * *
(3) Marine Air Terminal, LaGuardia
Airport Security Zone. All waters of
Bowery Bay, Queens, New York, inside
of a line drawn from the start of the
Rikers Island Bridge in Queens at
approximate position 40°46′37″ N,
073°53′30″ W to the intersecting point
on the southern side of Rikers Island at
approximate position 40°47′12″ N,
073°53′06″ W, then a line drawn east to
the western end of LaGuardia Airport at
approximate position 40°47′00″ N,
073°52′44″ W, then a line drawn south
following the shoreline back to the point
of origin at 40°46′37″ N, 073°53′30″ W
(NAD 1983).
*
*
*
*
*
Dated: December, 4, 2018.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2019–03717 Filed 2–28–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 461
RIN 1830–AA31
Programs and Activities Authorized by
the Adult Education and Family
Literacy Act (Title II of the Workforce
Innovation and Opportunity Act)
Department of Education.
Correcting amendment.
AGENCY:
ACTION:
SUMMARY: On August 19, 2016, the
Department of Education (Department)
established regulations to implement
changes to the Adult Education and
Family Literacy Act (AEFLA) resulting
from the enactment of the Workforce
Innovation and Opportunity Act (WIOA
or the Act). The 2016 final regulations
clarified provisions in AEFLA and also
identified for removal regulations no
longer applicable to the AEFLA
program. The preamble discussed our
intent to remove certain regulations.
However, language necessary to remove
those regulations from the Code of
Federal Regulations was inadvertently
omitted from the 2016 final rule.
Through this document we are now
removing those regulations.
DATES: Effective date: These regulations
are effective March 1, 2019.
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FOR FURTHER INFORMATION CONTACT:
Hugh Reid, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 11114 PCP, Washington, DC
20202–2500. Telephone: (202) 245–
7491. Email: Hugh.Reid@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Final Regulatory Changes
Background
On April 16, 2015, we published in
the Federal Register a notice of
proposed rulemaking (NPRM) for the
Programs and Activities Authorized by
AEFLA under Title II of WIOA (80 FR
20968). References to 34 CFR part 461
were included in that NPRM. In the
Background section we indicated that
the Department proposes to remove 34
CFR parts 460 and 461 ‘‘because these
regulations are no longer applicable to
the Federal adult education program.’’
These regulations are no longer
enforceable because they were
promulgated under the National
Literacy Act (Pub. L. 102–73) (NLA) in
1992, which was superseded by Title II
of the Workforce Investment Act of
1998.
On August 19, 2016, the Department
issued a final rule in which the
Secretary established regulations to
implement changes to AEFLA resulting
from the enactment of WIOA (81 FR
55525). These final regulations clarified
the provisions in AEFLA, and the
preamble also discussed our intent to
remove 34 CFR part 461. However, we
inadvertently omitted language
necessary to remove 34 CFR part 461
from the Code of Federal Regulations.
Through this document, we are
amending the regulations in title 34 of
the Code of Federal Regulations
applicable to Programs and Activities
Authorized by AEFLA (Title II of WIOA)
to remove 34 CFR part 461.
This action is consistent with
Executive Order 13777, ‘‘Enforcing the
Regulatory Reform Agenda,’’ signed by
President Trump on February 24, 2017.
That Executive Order established a
Federal policy to alleviate unnecessary
regulatory burdens on the American
people and, in Section 3(a), directed
each Federal agency to establish a
regulatory reform task force, the duty of
which is to evaluate existing regulations
and make recommendations to the
agency head regarding their repeal,
replacement, or modification.
E:\FR\FM\01MRR1.SGM
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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
Waiver of Proposed Rulemaking and
Delayed Effective Date
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), the
Department generally offers interested
parties the opportunity to comment on
proposed regulations. However, the
APA provides that an agency is not
required to conduct notice-andcomment rulemaking when the agency,
for good cause, finds that notice and
public comment thereon are
impracticable, unnecessary, or contrary
to the public interest (5 U.S.C.
553(b)(B)). There is good cause to waive
rulemaking here as unnecessary.
Rulemaking is ‘‘unnecessary’’ in those
situations in which ‘‘the administrative
rule is a routine determination,
insignificant in nature and impact, and
inconsequential to the industry and to
the public.’’ Utility Solid Waste
Activities Group v. EPA, 236 F.3d 749,
755 (D.C. Cir. 2001), quoting U.S.
Department of Justice, Attorney
General’s Manual on the Administrative
Procedure Act 31 (1947) and South
Carolina v. Block, 558 F. Supp. 1004,
1016 (D.S.C. 1983).
This regulatory action merely
effectuates our intent from the 2016
rulemaking to remove 34 CFR part 461
from the Code of Federal Regulations. In
2016, when we intended to remove 34
CFR part 461 from the Code of Federal
Regulations, we provided notice and an
opportunity to comment on this
regulatory action. At that time, we
received no comments regarding the
proposed removal of 34 CFR part 461.
Furthermore, these regulations were
promulgated under the National
Literacy Act (Pub. L. 102–73) (NLA) in
1992, which was superseded by Title II
of the Workforce Investment Act of
1998. Therefore, there is good cause to
remove 34 CFR part 461.
The APA also generally requires that
regulations be published at least 30 days
before their effective date, unless the
agency has good cause to implement its
regulations sooner (5 U.S.C. 553(d)(3)).
For the same reasons there is good cause
to waive rulemaking under 5 U.S.C.
553(b)(B), there is good cause to make
these final regulations effective upon
publication.
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Regulatory Flexibility Act Certification
Pursuant to 5 U.S.C. 601(2), the
Regulatory Flexibility Act applies only
to rules for which an agency publishes
a general notice of proposed
rulemaking. The Regulatory Flexibility
Act does not apply to this rulemaking
because there is good cause to waive
notice and comment under 5 U.S.C. 553.
VerDate Sep<11>2014
16:31 Feb 28, 2019
Jkt 247001
6975
Paperwork Reduction Act of 1995
DEPARTMENT OF THE INTERIOR
This rule does not contain any
information collection requirements.
The previously OMB-approved
information collection (OMB Control
Number 1800–0026) associated with 34
CFR part 461 expired on 03/01/2006.
Office of the Secretary of the Interior
Accessible Format
Individuals with disabilities can
obtain this document in an accessible
format (e.g., Braille, large print,
audiotape, or compact disc) on request
to the program contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document
The official version of this document
is the document published in the
Federal Register. You may access the
official edition of the Federal Register
and the Code of Federal Regulations via
the Federal Digital System at:
www.govinfo.gov. At this site, you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF, you must have
Adobe Acrobat Reader, which is
available free at this site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
List of Subjects in 34 CFR Part 461
Adult education, Grant programs—
education, Reporting and recordkeeping
requirements, Teachers.
Dated: February 26, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and
Adult Education.
PART 461—[Removed and Reserved]
For the reasons discussed in the
preamble, and under the authority of
section 414 of the Department of
Education Organization Act, 20 U.S.C.
3474, and section 437 of the General
Education Provisions Act (20 U.S.C.
1221e–3), the Secretary of Education
amends chapter IV of title 34 of the
Code of Federal Regulations by
removing and reserving part 461.
[FR Doc. 2019–03660 Filed 2–28–19; 8:45 am]
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43 CFR Part 10
[NPS–WASO–NAGPRA–27233;
PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024–AE56
Civil Penalties Inflation Adjustments
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule revises U.S.
Department of the Interior regulations
implementing the Native American
Graves Protection and Repatriation Act
to provide for annual adjustments of
civil penalties to account for inflation
under the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 and Office of Management
and Budget guidance. The purpose of
these adjustments is to maintain the
deterrent effect of civil penalties and to
further the policy goals of the
underlying statutes.
DATES: This rule is effective on March 1,
2019.
FOR FURTHER INFORMATION CONTACT:
Melanie O’Brien, Manager, National
NAGPRA Program, National Park
Service, 1849 C Street NW, Washington,
DC 20240.
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (‘‘the Act’’). The Act
requires Federal agencies to adjust the
level of civil monetary penalties
annually for inflation no later than
January 15 of each year.
II. Calculation of Annual Adjustments
The Office of Management and Budget
(OMB) recently issued guidance to assist
Federal agencies in implementing the
annual adjustments required by the Act
which agencies must complete by
January 15, 2019. See December 14,
2018, Memorandum for the Heads of
Executive Departments and Agencies,
from Mick Mulvaney, Director, Office of
Management and Budget, re:
Implementation of Penalty Inflation
Adjustments for 2019, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (M–19–04). The guidance states
that the cost-of-living adjustment
multiplier for 2019, based on the
Consumer Price Index (CPI–U) for the
month of October 2018, not seasonally
E:\FR\FM\01MRR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6974-6975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03660]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Part 461
RIN 1830-AA31
Programs and Activities Authorized by the Adult Education and
Family Literacy Act (Title II of the Workforce Innovation and
Opportunity Act)
AGENCY: Department of Education.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On August 19, 2016, the Department of Education (Department)
established regulations to implement changes to the Adult Education and
Family Literacy Act (AEFLA) resulting from the enactment of the
Workforce Innovation and Opportunity Act (WIOA or the Act). The 2016
final regulations clarified provisions in AEFLA and also identified for
removal regulations no longer applicable to the AEFLA program. The
preamble discussed our intent to remove certain regulations. However,
language necessary to remove those regulations from the Code of Federal
Regulations was inadvertently omitted from the 2016 final rule. Through
this document we are now removing those regulations.
DATES: Effective date: These regulations are effective March 1, 2019.
FOR FURTHER INFORMATION CONTACT: Hugh Reid, U.S. Department of
Education, 400 Maryland Avenue SW, Room 11114 PCP, Washington, DC
20202-2500. Telephone: (202) 245-7491. Email: Hugh.Reid@ed.gov.
If you use a telecommunications device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Final Regulatory Changes
Background
On April 16, 2015, we published in the Federal Register a notice of
proposed rulemaking (NPRM) for the Programs and Activities Authorized
by AEFLA under Title II of WIOA (80 FR 20968). References to 34 CFR
part 461 were included in that NPRM. In the Background section we
indicated that the Department proposes to remove 34 CFR parts 460 and
461 ``because these regulations are no longer applicable to the Federal
adult education program.'' These regulations are no longer enforceable
because they were promulgated under the National Literacy Act (Pub. L.
102-73) (NLA) in 1992, which was superseded by Title II of the
Workforce Investment Act of 1998.
On August 19, 2016, the Department issued a final rule in which the
Secretary established regulations to implement changes to AEFLA
resulting from the enactment of WIOA (81 FR 55525). These final
regulations clarified the provisions in AEFLA, and the preamble also
discussed our intent to remove 34 CFR part 461. However, we
inadvertently omitted language necessary to remove 34 CFR part 461 from
the Code of Federal Regulations.
Through this document, we are amending the regulations in title 34
of the Code of Federal Regulations applicable to Programs and
Activities Authorized by AEFLA (Title II of WIOA) to remove 34 CFR part
461.
This action is consistent with Executive Order 13777, ``Enforcing
the Regulatory Reform Agenda,'' signed by President Trump on February
24, 2017. That Executive Order established a Federal policy to
alleviate unnecessary regulatory burdens on the American people and, in
Section 3(a), directed each Federal agency to establish a regulatory
reform task force, the duty of which is to evaluate existing
regulations and make recommendations to the agency head regarding their
repeal, replacement, or modification.
[[Page 6975]]
Waiver of Proposed Rulemaking and Delayed Effective Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the
Department generally offers interested parties the opportunity to
comment on proposed regulations. However, the APA provides that an
agency is not required to conduct notice-and-comment rulemaking when
the agency, for good cause, finds that notice and public comment
thereon are impracticable, unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)(B)). There is good cause to waive rulemaking
here as unnecessary.
Rulemaking is ``unnecessary'' in those situations in which ``the
administrative rule is a routine determination, insignificant in nature
and impact, and inconsequential to the industry and to the public.''
Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 755 (D.C.
Cir. 2001), quoting U.S. Department of Justice, Attorney General's
Manual on the Administrative Procedure Act 31 (1947) and South Carolina
v. Block, 558 F. Supp. 1004, 1016 (D.S.C. 1983).
This regulatory action merely effectuates our intent from the 2016
rulemaking to remove 34 CFR part 461 from the Code of Federal
Regulations. In 2016, when we intended to remove 34 CFR part 461 from
the Code of Federal Regulations, we provided notice and an opportunity
to comment on this regulatory action. At that time, we received no
comments regarding the proposed removal of 34 CFR part 461.
Furthermore, these regulations were promulgated under the National
Literacy Act (Pub. L. 102-73) (NLA) in 1992, which was superseded by
Title II of the Workforce Investment Act of 1998. Therefore, there is
good cause to remove 34 CFR part 461.
The APA also generally requires that regulations be published at
least 30 days before their effective date, unless the agency has good
cause to implement its regulations sooner (5 U.S.C. 553(d)(3)). For the
same reasons there is good cause to waive rulemaking under 5 U.S.C.
553(b)(B), there is good cause to make these final regulations
effective upon publication.
Regulatory Flexibility Act Certification
Pursuant to 5 U.S.C. 601(2), the Regulatory Flexibility Act applies
only to rules for which an agency publishes a general notice of
proposed rulemaking. The Regulatory Flexibility Act does not apply to
this rulemaking because there is good cause to waive notice and comment
under 5 U.S.C. 553.
Paperwork Reduction Act of 1995
This rule does not contain any information collection requirements.
The previously OMB-approved information collection (OMB Control Number
1800-0026) associated with 34 CFR part 461 expired on 03/01/2006.
Accessible Format
Individuals with disabilities can obtain this document in an
accessible format (e.g., Braille, large print, audiotape, or compact
disc) on request to the program contact person listed under FOR FURTHER
INFORMATION CONTACT.
Electronic Access to This Document
The official version of this document is the document published in
the Federal Register. You may access the official edition of the
Federal Register and the Code of Federal Regulations via the Federal
Digital System at: www.govinfo.gov. At this site, you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
this site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
List of Subjects in 34 CFR Part 461
Adult education, Grant programs--education, Reporting and
recordkeeping requirements, Teachers.
Dated: February 26, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.
PART 461--[Removed and Reserved]
For the reasons discussed in the preamble, and under the authority
of section 414 of the Department of Education Organization Act, 20
U.S.C. 3474, and section 437 of the General Education Provisions Act
(20 U.S.C. 1221e-3), the Secretary of Education amends chapter IV of
title 34 of the Code of Federal Regulations by removing and reserving
part 461.
[FR Doc. 2019-03660 Filed 2-28-19; 8:45 am]
BILLING CODE 4000-01-P
