Standardizing Filing Procedures for Administrative Appeals; Correction, 11309-11310 [2022-04201]

Download as PDF Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the actions taken to disestablish a safety zone are not considered a significant regulatory action. jspears on DSK121TN23PROD with RULES1 B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section V.A above this final rule would not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). 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. VerDate Sep<11>2014 16:32 Feb 28, 2022 Jkt 256001 11309 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. 3501–3520). Instruction Manual 023–01–001–01, Rev. 1. For instructions on locating the docket, see the ADDRESSES section of this preamble. 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. 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. 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, 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 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 removing a safety zone that was established for bridge construction operations that have since been completed. It is categorically excluded from further review under paragraph L60(b) of Appendix A, Table 1 of DHS PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 G. Protest Activities 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 165—REGULATED 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 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. § 165.161 ■ [Removed] 2. Remove § 165.161. Dated: February 15, 2022. Z. Merchant, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2022–04278 Filed 2–28–22; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Part 81 [Docket ID ED–2021–OFO–0121] RIN 1880–AA91 Standardizing Filing Procedures for Administrative Appeals; Correction Office of Finance and Operations, Department of Education. ACTION: Technical amendment. AGENCY: On September 23, 2021, the Department of Education published in the Federal Register final regulations for Standardizing Filing Procedures for Administrative Appeals. This document corrects an error to the regulatory text in the final regulations. DATES: The correction to these final regulations is effective March 1, 2022. SUMMARY: E:\FR\FM\01MRR1.SGM 01MRR1 11310 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations List of Subjects in 34 CFR Part 81 FOR FURTHER INFORMATION CONTACT: George Abbott, 400 Maryland Avenue SW, Room 10089, Potomac Center Plaza, Washington, DC 20202. Telephone: (202) 245–8300. Email: George.Abbott@ ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. This document corrects an error in FR Doc. 2021–20304 that published in the Federal Register on September 23, 2021 (86 FR 52829). Due to a technical error, paragraph (b)(3) was not added to 34 CFR 81.20. This technical amendment adds paragraph (b)(3) to § 81.20. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with RULES1 Waiver of Proposed Rulemaking In accordance with the Administrative Procedure Act, 5 U.S.C. 553, it is the Secretary’s practice to offer interested parties the opportunity to comment on proposed regulations. However, the regulatory changes in this document are necessary to correct an error and do not establish any new substantive rules. Therefore, the Secretary has determined that publication of a proposed rule is unnecessary under 5 U.S.C. 553(b)(B). Accessible Format: On request to the contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or another accessible format. 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 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 the 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. VerDate Sep<11>2014 16:32 Feb 28, 2022 Jkt 256001 Administrative practice and procedure, Grant programs—education. Denise L. Carter, Acting Assistant Secretary, Office of Finance and Operations. For the reasons set out in the preamble to FR Doc. 2021–20304, published in the Federal Register on September 23, 2021 (86 FR 52829), the Department of Education makes the following technical amendment to 34 CFR part 81. PART 81—GENERAL EDUCATION PROVISIONS ACT—ENFORCEMENT 1. The authority citation for part 81 continues to read as follows: ■ Authority: 20 U.S.C. 1221e–3, 1234–1234i, and 3474(a), unless otherwise noted. 2. Amend § 81.20 by: a. Adding paragraph (b)(3); and ■ b. Removing the parenthetical authority citation at the end of the section. The addition reads as follows: ■ ■ § 81.20 Interlocutory appeals to the Secretary from rulings of an ALJ. * * * * * (b) * * * (3)(i) The petition must be filed electronically, and served upon the ALJ and other parties, by submission to OES on behalf of the Office of the Secretary unless a party shows the Secretary good cause why the petition cannot be filed electronically. (ii) If the Secretary permits a party to file a petition in paper format, the filing party must file the petition with the Office of Hearings and Appeals (OHA) on behalf of the Secretary by handdelivery or regular mail. The filing party must provide a copy of the petition to the ALJ at the time the petition is filed, and a copy of the petition must be served upon the other parties by handdelivery or regular mail. * * * * * [FR Doc. 2022–04201 Filed 2–28–22; 8:45 am] BILLING CODE 4000–01–P PO 00000 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2020–0698; FRL–9215–02– R5] Air Plan Approval; Wisconsin; Serious Plan Elements for the Wisconsin Portion of Chicago Nonattainment Area for the 2008 Ozone Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a revision to the Wisconsin State Implementation Plan (SIP) to meet the volatile organic compound (VOC) and nitrogen oxides (NOX) reasonably available control technology (RACT), clean-fuel vehicle programs (CFVP), and the enhanced monitoring of ozone and ozone precursors (EMP) requirements of the Clean Air Act (CAA). These requirements apply in the Wisconsin portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin nonattainment area (Chicago area) for the 2008 ozone National Ambient Air Quality Standards (NAAQS or standards). EPA proposed to approve this action on December 7, 2021, and received no comments. DATES: This final rule is effective on March 31, 2022. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2020–0698. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID–19. We recommend that you telephone Michael Leslie, Environmental Engineer at (312) 353–6680 before visiting the Region 5 office. SUMMARY: FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\01MRR1.SGM 01MRR1

Agencies

[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Pages 11309-11310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04201]


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DEPARTMENT OF EDUCATION

34 CFR Part 81

[Docket ID ED-2021-OFO-0121]
RIN 1880-AA91


Standardizing Filing Procedures for Administrative Appeals; 
Correction

AGENCY: Office of Finance and Operations, Department of Education.

ACTION: Technical amendment.

-----------------------------------------------------------------------

SUMMARY: On September 23, 2021, the Department of Education published 
in the Federal Register final regulations for Standardizing Filing 
Procedures for Administrative Appeals. This document corrects an error 
to the regulatory text in the final regulations.

DATES: The correction to these final regulations is effective March 1, 
2022.

[[Page 11310]]


FOR FURTHER INFORMATION CONTACT: George Abbott, 400 Maryland Avenue SW, 
Room 10089, Potomac Center Plaza, Washington, DC 20202. Telephone: 
(202) 245-8300. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: This document corrects an error in FR Doc. 
2021-20304 that published in the Federal Register on September 23, 2021 
(86 FR 52829). Due to a technical error, paragraph (b)(3) was not added 
to 34 CFR 81.20. This technical amendment adds paragraph (b)(3) to 
Sec.  81.20.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedure Act, 5 U.S.C. 553, 
it is the Secretary's practice to offer interested parties the 
opportunity to comment on proposed regulations. However, the regulatory 
changes in this document are necessary to correct an error and do not 
establish any new substantive rules. Therefore, the Secretary has 
determined that publication of a proposed rule is unnecessary under 5 
U.S.C. 553(b)(B).
    Accessible Format: On request to the contact person listed under 
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can 
obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or another accessible 
format.
    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 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 
the 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 81

    Administrative practice and procedure, Grant programs--education.

Denise L. Carter,
Acting Assistant Secretary, Office of Finance and Operations.

    For the reasons set out in the preamble to FR Doc. 2021-20304, 
published in the Federal Register on September 23, 2021 (86 FR 52829), 
the Department of Education makes the following technical amendment to 
34 CFR part 81.

PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT

0
1. The authority citation for part 81 continues to read as follows:

    Authority:  20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless 
otherwise noted.


0
2. Amend Sec.  81.20 by:
0
a. Adding paragraph (b)(3); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The addition reads as follows:


Sec.  81.20  Interlocutory appeals to the Secretary from rulings of an 
ALJ.

* * * * *
    (b) * * *
    (3)(i) The petition must be filed electronically, and served upon 
the ALJ and other parties, by submission to OES on behalf of the Office 
of the Secretary unless a party shows the Secretary good cause why the 
petition cannot be filed electronically.
    (ii) If the Secretary permits a party to file a petition in paper 
format, the filing party must file the petition with the Office of 
Hearings and Appeals (OHA) on behalf of the Secretary by hand-delivery 
or regular mail. The filing party must provide a copy of the petition 
to the ALJ at the time the petition is filed, and a copy of the 
petition must be served upon the other parties by hand-delivery or 
regular mail.
* * * * *
[FR Doc. 2022-04201 Filed 2-28-22; 8:45 am]
BILLING CODE 4000-01-P
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