Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59085 

Environmental Policy Act of 1969 

(NEPA) (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 

establishment of a safety zone. This rule 

is categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

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: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T13–228 to read as 

follows: 

§ 165.T13–228 Safety Zone; Coast Guard 

Exercise, Hood Canal, Washington. 

(a) Location. The following area is a 

safety zone: All waters encompassed 

within 500 yards of any vessel that is 

involved in the Coast Guard Ready for 

Operations exercise while such vessel is 

transiting Hood Canal, WA between 

Foul Weather Bluff and the entrance to 

Dabob Bay. Vessels involved will be 

various sizes and can be identified as 

those flying the Coast Guard Ensign. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, Subpart C, no person may enter or 

remain in the safety zone created in this 

rule unless authorized by the Captain of 

the Port or his Designated 

Representative. See 33 CFR Part 165, 

Subpart C, for additional information 

and requirements. Vessel operators 

wishing to enter the zone during the 

enforcement period must request 

permission for entry by contacting the 

on-scene patrol commander on VHF 

channel 13 or 16, or the Sector Puget 

Sound Joint Harbor Operations Center at 

(206) 217–6001. 

(c) Enforcement Period. This rule will 

be enforced on 4:00 a.m. Oct 16, 2012 

until 11:59 p.m. on Oct. 18, 2012 unless 

canceled sooner by the Captain of the 

Port. 

Dated: September 12, 2012. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2012–23653 Filed 9–25–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter IV 

Final Waivers and Extensions of 

Project Periods; American Indian 

Vocational Rehabilitation Services 

Program 

[Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.250C] 

AGENCY: Rehabilitation Services 

Administration, Office of Special 

Education and Rehabilitative Services, 

Department of Education. 

ACTION: Final waivers and extensions of 

project periods. 

SUMMARY: The Secretary waives the 

regulations that generally limit project 

periods to 60 months and that restrict 

project period extensions involving the 

obligation of additional Federal funds. 

As a result, for the 60-month projects 

initially funded in fiscal year (FY) 2007 

under the AIVRS program, the Secretary 

is extending the project periods until 

September 30, 2013. 

DATES: This notice of final waivers and 

extensions of the project periods is 

effective September 26, 2012. 

FOR FURTHER INFORMATION CONTACT: 

August Martin, U.S. Department of 

Education, 400 Maryland Avenue SW., 

room 5049, Potomac Center Plaza (PCP), 

Washington, DC 20202–2800. 

Telephone: (202) 245–7410. 

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: On July 

25, 2012, the Department published a 

notice in the Federal Register (77 FR 

43560) inviting comments on the 

Department’s proposal to make certain 

AIVRS grants effective for more than 60 

months under the authority of Section 

121(b)(3) of the Rehabilitation Act of 

1973, as amended (the Act). The 

Secretary proposed to waive the 

requirements of 34 CFR 75.250, which 

generally limit project periods to 60 

months, and of 34 CFR 75.261(c)(2), 

which restrict project period extensions 

involving the obligation of additional 

Federal funds. In that notice, the 

Secretary also proposed to extend the 

project period for the eight AIVRS 

grantees from October 1, 2012, through 

September 30, 2013. The proposed 

waivers and extensions would enable 

the eight AIVRS grantees to request, and 

continue to receive, Federal funds 

beyond the 60-month limitation set by 

34 CFR 75.250. 

There are no substantive differences 

between the notice of proposed waivers 

and extensions and this notice of final 

waivers and extensions. 

Public Comment 

In the July 25, 2012, notice for the 

AIVRS program, the Secretary invited 

comments on the effect these proposed 

waivers and extensions may have on the 

AIVRS program and on potential 

applicants for grant awards under any 

new AIVRS notice inviting applications, 

should there be one. We received 

comments from 13 commenters, 10 of 

which supported the Department’s 

proposal to waive regulations at 34 CFR 

75.250 and 34 CFR 75.261(c)(2) 

restricting project period extensions 

past 60 months and restricting 

extensions that require additional 

Federal funds and to extend the project 

period for 8 AIVRS grantees beyond 

September 30, 2012, so that they could 

continue to receive Federal funds from 

October 1, 2012, through September 30, 

2013. 

Generally, we do not address 

technical and other minor changes. In 

addition, we do not address general 

comments that raise concerns not 

directly related to the proposed waivers 

and extensions. 

Analysis of Comments and Changes 

Comment: Three commenters raised a 

concern that a decision not to run a 

competition in FY 2012 would preclude 

tribes that are interested in responding 

to a notice inviting applications from 

having the opportunity to apply for a 

grant and referred to the human capital 

and fiscal resources that were expended 

in anticipation of a new competition. 

Discussion: The Department has 

proposed to extend the current AIVRS 

grantees in response to a 

recommendation made by the U.S. 

Government Accountability Office 

(GAO) in a report titled, ‘‘Indian Issues: 

Federal Funding for Non-Federally 

Recognized Tribes,’’ released on May 9, 

2012, for the Department to review its 

interpretation of ‘‘reservation’’ used in 

determining eligibility under the AIVRS 

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59086 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

1The GAO report is available at www.gao.gov/ 

products/GAO–12–348. 

program.1 GAO raised concerns about 

the eligibility of State-recognized tribes 

that are not located on State reservations 

but rather are located on a defined and 

contiguous area of land where there is 

a concentration of tribal members and in 

which the tribe is providing structured 

activities and services as identified in 

their grant application. In order to 

respond to GAO’s recommendation, we 

believe it is advisable to take time to 

review carefully the eligibility 

requirements for this program and to 

consider the Department’s options. 

Therefore, in order to maintain the 

status quo while the Department 

undergoes this review, we have decided 

to maintain funding to existing AVIRS 

grantees and not to hold a new 

competition in FY 2012. 

Human capital and fiscal resources 

that were expended in anticipation of a 

potential competition in FY 2012 have 

not been wasted. Application 

requirements for a FY 2013 competition 

are not likely to differ substantially from 

those in previous competitions. As 

such, application materials developed 

in anticipation of a potential 

competition in FY 2012 should be able 

to be used in the FY 2013 competition. 

Changes: None. 

Comment: Two commenters 

expressed concern about the potential 

effect of the proposed action on the next 

grant competition. One commenter 

asked whether the action to extend 

funding for current programs will 

decrease the number of grants available 

to be awarded when a competition is 

held. The other commenter asked 

whether this proposal to suspend the 

current practice of annual grant 

competitions will place more of our 

AIVRS programs in competition with 

each other. 

Discussion: The AIVRS program is 

funded through a set-aside of the funds 

appropriated for the Vocational 

Rehabilitation (VR) State Grants 

program. Assuming a set-aside of at 

least 1.2 percent of the VR appropriation 

in FY 2013, the Department’s action to 

extend these grants would not decrease 

the total number of grants awarded 

under the AIVRS program. At the end of 

FY 2013, 32 grants, including the 8 

grants that would be extended under 

this notice, will conclude their current 

projects. Pending the availability of 

funds, the Department anticipates 

holding a grant competition in FY 2013 

that would fund a minimum of 32 grants 

with project periods that would begin in 

FY 2014. The Department would have 

awarded the same total number of new 

grants over the two year period if it had 

conducted separate competitions in 

fiscal years 2012 and 2013. Thus, this 

action will not decrease the number of 

grants awarded nor should it result in 

increased competition among AIVRS 

programs. 

Changes: None. 

Comment: One commenter asked if 

tribes will be provided reasonable and 

adequate time and notice to fully and 

properly plan for and complete grant 

submissions. 

Discussion: We anticipate that the FY 

2013 competition will be announced in 

time to provide adequate notice and 

time for applicants to prepare and 

submit applications. 

Changes: None. 

Comment: One commenter asked 

whether applicants would have 

adequate and reasonable time to prepare 

a grant submission this year, if these 

proposed waivers and extensions do not 

move forward. 

Discussion: The AIVRS program will 

not conduct a grant competition this 

year because we believe it is advisable 

to take time to carefully review the 

eligibility requirements for this 

program, in response to GAO’s 

recommendation, before holding a new 

competition. The Department will, 

instead, waive the regulations that 

generally limit project periods to 60 

months and restrict project period 

extensions involving the obligation of 

additional Federal funds. The 

Department plans to review requests for 

continuation awards from the eight 

grantees based on the 2007 notice 

inviting applications (NIA) and, where 

appropriate, extend the currentlyfunded projects through September 30, 

2013. 

Changes: None. 

Background 

The eight AIVRS grantees, selected 

based on the 2007 AIVRS NIA 

published on March 14, 2007 (72 FR 

11851), provide vocational 

rehabilitation services to American 

Indians with disabilities who reside on 

or near Federal or State reservations as 

authorized by section 121 of the 

Rehabilitation Act of 1973, as amended 

(the Act) (29 U.S.C. 741). 

The project period for the eight 

AIVRS grantees was scheduled to end 

September 30, 2012. However, section 

121(b)(3) of the Act provides that the 

Department has the authority to make 

an AIVRS grant effective for more than 

60 months, pursuant to prescribed 

regulations. Therefore, for these eight 

AIVRS grantees, the Secretary waives 

the requirements of 34 CFR 75.250 and 

34 CFR 75.261(c)(2) which limit project 

periods to 60 months and restrict project 

period extensions that involve the 

obligation of additional Federal funds. 

The Secretary also extends the current 

project period for the eight AIVRS 

grantees funded in FY 2007 until 

September 30, 2013. Finally, the 

Department will not announce a new 

AIVRS competition or make new awards 

in FY 2012. 

This action allows the eight AIVRS 

grantees to request continuation funding 

in FY 2012. Decisions regarding annual 

continuation awards will be based on 

the program narratives, budgets, budget 

narratives, and program performance 

reports submitted by these eight AIVRS 

grantees and on the requirements of 34 

CFR 75.253. Any activities to be carried 

out during the year of continuation 

awards would have to be consistent 

with, or be a logical extension of, the 

scope, goals, and objectives of each 

grantee’s application as approved 

following the 2007 AIVRS competition. 

The 2007 AIVRS NIA will continue to 

govern their projects during the 

extension year. These current AIVRS 

grantees may request continuation 

awards in FY 2012 for project periods 

through FY 2013. 

Waiver of Delayed Effective Date 

The Administrative Procedure Act 

requires that a substantive rule must be 

published at least 30 days before its 

effective date, except as otherwise 

provided for good cause (5 U.S.C. 

553(d)(3)). We have not made any 

substantive changes to the proposal. The 

Secretary has therefore determined to 

waive the delayed effective date to 

ensure timely continuation grants to the 

entities affected. 

Regulatory Flexibility Act Certification 

The Secretary certifies that this final 

extension of the project period and 

waiver will not have a significant 

economic impact on a substantial 

number of small entities. The only 

entities that will be affected are the 

current grantees and any other potential 

applicants. 

Paperwork Reduction Act of 1995 

The final waivers and extensions of 

project periods do not contain any 

information collection requirements. 

Intergovernmental Review 

This program is not subject to the 

requirements of Executive Order 12372 

and the regulations in 34 CFR part 79. 

Accessible Format 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59087 

audiotape, or compact disc) on request 

to the 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. Free Internet access to 

the official edition of the Federal 

Register and the Code of Federal 

Regulations is available via the Federal 

Digital System at: www.gpo.gov/fdsys. 

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 Adobe 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. 

Dated: September 20, 2012. 

Melody Musgrove, 

Director of Special Education Programs, 

delegated the authority to perform the 

functions and duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2012–23599 Filed 9–25–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 60 

RIN 2900–AN79 

Fisher House and Other Temporary 

Lodging 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

Department of Veterans Affairs (VA) 

regulations concerning Fisher Houses 

and other temporary lodging furnished 

by VA while a veteran is experiencing 

an episode of care at a VA health care 

facility. This final rule better describes 

the application process for this lodging 

and clarifies the distinctions between 

Fisher Houses and other temporary 

lodging provided by VA. This final rule 

generally reflects current VA policy and 

practice, and conforms to industry 

standards and expectations. 

DATES: This final rule is effective 

October 26, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Amdur, Chief Consultant, Care 

Management and Social Work Service 

(10P4C), Veterans Health 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW., 

Washington, DC 20420, (202) 461–6780. 

(This is not a toll free number.) 

SUPPLEMENTARY INFORMATION: This 

document adopts as a final rule without 

substantive change a proposed rule 

amending VA regulations. On March 16, 

2012, VA published in the Federal 

Register (77 FR 15650) a proposal to 

amend its regulations concerning Fisher 

Houses and other temporary lodging 

furnished by VA while a veteran is 

experiencing an episode of care at a VA 

health care facility. Under 38 U.S.C. 

1708, VA may furnish certain persons 

with temporary lodging in a Fisher 

House or other appropriate facility in 

connection with the examination, 

treatment, or care of a veteran. VA 

implements its authority under section 

1708 in 38 CFR part 60. This authority 

to provide temporary lodging assists VA 

in providing appropriate treatment and 

care to veterans, because individuals 

receiving such treatment or care often 

respond better when they are 

accompanied by relatives, close friends, 

or caregivers. 

Interested persons were invited to 

submit comments to the proposed rule 

on or before May 15, 2012, and we 

received no comments. Therefore, we 

make no changes based on comments. 

However, we make minor changes from 

the proposed rule in certain places in 

§§ 60.15 and 60.20, because the phrases 

‘‘VA health care facility,’’ ‘‘VA medical 

center,’’ and ‘‘VA medical facility’’ were 

inadvertently used interchangeably with 

regards to: Where an application for 

temporary lodging may be obtained and 

where a completed application must be 

returned (§ 60.15(a)); the location of 

non-utilized beds in VA facilities that 

may serve as temporary lodging 

(§ 60.15(b)(3) and § 60.20(d)); the type of 

VA facility whose Director may 

determine whether hotels or motels are 

appropriate temporary lodging 

(§ 60.15(b)(4)); and where a denied 

application may be referred 

(§ 60.15(b)(7)). The intended usage was 

to refer only to a ‘‘VA health care 

facility’’ throughout the proposed rule, 

because this phrase broadly 

encompasses all VA facilities that are 

under the jurisdiction of the Veterans 

Health Administration and VA. By 

contrast, a ‘‘VA medical center’’ is a 

specific type of ‘‘VA health care 

facility’’ that distinctly provides, among 

other things, 24-hour inpatient care. VA 

has never limited, and it was not the 

intent of the proposed rule to limit 

criteria for temporary lodging, to only be 

considered in the context of a ‘‘VA 

medical center.’’ 

Use of the broader phrase ‘‘VA health 

care facility’’ in this final rule reflects 

current and longstanding VA practice, 

and the proposed rule emphasized that 

it would generally reflect current VA 

practice. See 77 FR 15650, 15652– 

15653. Additionally, use of the phrase 

‘‘VA health care facility’’ is consistent 

with 38 CFR part 60 prior to this 

revision, versus the phrase ‘‘VA medical 

facility.’’ The public therefore should be 

familiar with the phrase ‘‘VA health 

care facility,’’ as well as the intent of the 

proposed rule. Indeed, the fact that we 

received no comments on the 

inadvertent usage of the phrases ‘‘VA 

medical center’’ and ‘‘VA medical 

facility’’ in the proposed rule indicates 

that the public did not understand these 

phrases to propose new limitations 

regarding temporary lodging provided 

by VA. 

Changes in this final rule to 

consistently use ‘‘VA health care 

facility’’ additionally do not broaden 

substantive criteria for temporary 

lodging from the proposed rule, because 

the proposed rule accurately used the 

phrase ‘‘VA health care facility’’ when 

describing substantive criteria to the 

public. Therefore, consistent use of the 

broader phrase ‘‘VA health care facility’’ 

in the final rule is not a substantive 

change from the proposed rule that 

requires an additional notice and 

comment period. For instance, the 

proposed rule clearly stated in § 60.2 

that Fisher Houses and other temporary 

lodging may be located at or near a ‘‘VA 

health care facility.’’ See § 60.2 as 

proposed, and unchanged by this final 

rule, for the definitions of ‘‘Fisher 

House’’ and ‘‘Other temporary lodging,’’ 

which base location of temporary 

lodging at or near a ‘‘VA health care 

facility.’’ The substantive criteria in 

proposed § 60.2, related to where 

temporary lodging may be located, 

correctly stated that temporary lodging 

may be located at or near a VA health 

care setting that is broader than a ‘‘VA 

medical center.’’ Proposed § 60.15(a), 

however, incorrectly stated that 

applications for temporary lodging 

could be obtained from and returned to 

only ‘‘VA medical center[s].’’ Proposed 

§ 60.15(a) intended to alert the public 

that applications for temporary lodging 

can be obtained from and returned to 

those places where temporary lodging 

may be located. Therefore, the final rule 

must accurately indicate that 

applications for temporary lodging may 

be obtained from and returned to a ‘‘VA 

health care facility,’’ and not only 

obtained from and returned to a ‘‘VA 

medical center.’’ See § 60.15(a) as 

mstockstill on DSK4VPTVN1PROD with RULES