20534 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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. 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0131 to read as 

follows: 

§ 165.T09–0131 Safety zone; Boom Days 

Fireworks, Niagara River, Niagara Falls, NY. 

(a) Location. The safety zone will 

encompass all U.S. navigable waters of 

the Niagara River, Niagara Falls, NY, 

within a 210 foot radius from position 

43°4′24.02′′ N 78°59′9.18′′ W (NAD 83). 

(b) Effective period. This regulation 

will be effective and the safety zone 

enforced from 8:00 p.m. until 9:30 p.m. 

on April 16, 2011. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo, or on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port to act on his 

behalf. The on-scene representative of 

the Captain of the Port Buffalo will be 

aboard either a Coast Guard or Coast 

Guard Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or on-scene representative 

may be contacted via VHF Channel 16. 

(5) 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 Buffalo 

or on-scene representative. 

Dated: March 28, 2011. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. 2011–8884 Filed 4–12–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 600, 602, 603, 668, 682, 

685, 686, 690, and 691 

[Docket ID ED–2010–OPE–0004] 

RIN 1840–AD02 

Program Integrity Issues 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Final regulations; correction. 

SUMMARY: On October 29, 2010, the 

Department of Education published in 

the Federal Register (75 FR 66832) final 

regulations for improving integrity in 

the programs authorized under title IV 

of the Higher Education Act of 1965, as 

amended (HEA), by amending the 

regulations for Institutional Eligibility 

Under the HEA, the Secretary’s 

Recognition of Accrediting Agencies, 

the Secretary’s Recognition Procedures 

for State Agencies, the Student 

Assistance General Provisions, the 

Federal Family Education Loan (FFEL) 

Program, the William D. Ford Federal 


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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 20535 

Direct Loan Program, the Teacher 

Education Assistance for College and 

Higher Education (TEACH) Grant 

Program, the Federal Pell Grant 

Program, and the Academic 

Competitiveness Grant (AGC) and 

National Science and Mathematics 

Access to Retain Talent Grant (National 

Smart Grant) Programs. This document 

makes several corrections to the October 

29 final regulations, including in the 

preamble discussion and the regulatory 

text. 

DATES: Effective July 1, 2011, except that 

the corrections to § 668.58 are effective 

July 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Marty Guthrie, U.S. Department of 

Education, 1990 K Street, NW., room 

8042, Washington, DC 20006–8014. 

Telephone: (202) 219–7031 or via the 

Internet at: Marty.Guthrie@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

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

audiotape, or computer diskette) on 

request to the contact listed in this 

section. 

SUPPLEMENTARY INFORMATION: 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF), on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister/index.html. To use 

PDF, you must have Adobe Acrobat 

Reader, which is available free at this 

site. 

Note: 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: http:// 

www.gpo.gov/fdsys. 

Corrections to Preamble Discussion 

1. On page 66857, in the third 

column, in the fourth full paragraph 

labeled as the Discussion section, the 

words ‘‘enrolled in payment periods or 

assigned to the 2011–12 and subsequent 

award years’’ are corrected to read 

‘‘enrolled in payment periods assigned 

to the 2011–12 and subsequent award 

years’’. 

2. On page 66858, in the first column, 

in the second paragraph labeled as 

Discussion, the last sentence of that 

paragraph is corrected by adding the 

words ‘‘do not’’ between the words 

‘‘regulations’’ and ‘‘require’’, so that the 

sentence reads: ‘‘While these final 

regulations do not require the creation 

of a State licensing agency, a State may 

choose to rely on such an agency to 

legally authorize institutions to offer 

postsecondary education in the State for 

purposes of Federal program eligibility.’’ 

3. On page 66862, the chart and its 

notes are removed and the following 

corrected chart and notes are added in 

their place to clarify the items in the 

third column labeled ‘‘Approval or 

licensure process’’ that correspond to 

Business entities and Charitable 

organizations and to correct the third 

bulleted note: 

MEETS STATE AUTHORIZATION REQUIREMENTS * 

Legal entity Entity description Approval or licensure process 

Educational institution .......... A public, private nonprofit, or for-profit institution established by name by a State through a charter, statute, 

or other action issued by an appropriate State agency or State entity as an educational institution authorized to operate educational programs beyond secondary education, including programs leading to a 

degree or certificate. 

The institution must comply with any applicable State 

approval or licensure process and be approved or licensed by name, and may be exempted from such 

requirement based on its accreditation, or being in 

operation at least 20 years, or use both criteria. 

Business ............................... A for-profit entity established by the State on the basis 

of an authorization or license to conduct commerce 

or provide services. 

The State must have a State approval or licensure 

process, and the institution must comply with the 

State approval or licensure process and be approved 

or licensed by name. 

An institution in this category may not be exempted 

from State approval or licensure based on accreditation, years in operation, or a comparable exemption. 

Charitable organization ........ A nonprofit entity established by the State on the basis 

of an authorization or license for the public interest or 

common good. 

The State must have a State approval or licensure 

process, and the institution must comply with the 

State approval or licensure process and be approved 

or licensed by name. 

An institution in this category may not be exempted 

from State approval or licensure based on accreditation, years in operation, or a comparable exemption. 

* Notes: 

• Federal, tribal, and religious institutions are exempt from these requirements. 

• A State must have a process, applicable to all institutions except tribal and Federal institutions, to review and address complaints directly or 

through referrals. 

• The chart does not take into account requirements related to State reciprocity. 

4. On page 66862, in the first column, 

under the heading Institutions 

considered legally authorized under 

amended § 600.9, the fourth bullet is 

corrected by adding the words ‘‘by 

name’’ prior to the period of the first 

sentence so that it reads: ‘‘A nonprofit 

institution has a State charter as a 

postsecondary institution by name.’’ 

5. On page 66865, in the second 

column, the words ‘‘by name’’ are 

removed from the eighth line in the 

column so the affected sentence reads: 

‘‘We have amended proposed § 600.9 to 

provide that, if an institution is an 

entity that is established by name as an 

educational institution by the State and 

the State further requires compliance 

with applicable State approval or 

licensure requirements for the 

institution to qualify as legally 

authorized by the State for Federal 

program purposes, the State may 

exempt the institution from the State 

approval or licensure requirements 

based on the institution’s accreditation 

by one or more accrediting agencies 


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20536 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

recognized by the Secretary or based 

upon the institution being in operation 

for at least 20 years.’’ 

6. On page 66873, in the first column, 

under the paragraph labeled as (2), the 

sentence is corrected by adding the 

words ‘‘or entity’’ between the words 

‘‘person’’ and ‘‘based’’, so that the 

sentence reads: ‘‘Whether the 

commission, bonus, or other incentive 

payment is provided to any person or 

entity based in any part, directly or 

indirectly, upon success in securing 

enrollments or the award of financial 

aid, which are defined as activities 

engaged in for the purpose of the 

admission or matriculation of students 

for any period of time or the award of 

financial aid.’’ 

7. On page 66876, in the third 

column, under the paragraph labeled as 

(2), the sentence is corrected by adding 

the words ‘‘or entity’’ between the words 

‘‘person’’ and ‘‘based’’, so that the 

sentence reads: ‘‘Whether the 

commission, bonus, or other incentive 

payment is provided to any person or 

entity based in any part, directly or 

indirectly, upon success in securing 

enrollments or the award of financial 

aid, which are defined as activities 

engaged in for the purpose of the 

admission or matriculation of students 

for any period of time or the award of 

financial aid.’’ 

8. On page 66878, in the first column, 

in the paragraphs labeled as the 

Discussion section, in the third 

paragraph, the sentence is corrected by 

adding the words ‘‘or entity’’ after the 

word ‘‘person’’ and deleting the words 

‘‘who is’’, so that the sentence reads: 

‘‘For this reason, we are making a 

change to § 668.14(b)(22)(ii) to provide 

that institutions may make payments, 

including profit-sharing payments, so 

long as they are not provided to any 

person or entity engaged in student 

recruitment or admission activity or in 

making decisions regarding the award of 

title IV, HEA program funds.’’ 

9. On page 66878, in the paragraph 

labeled Changes that begins at the 

bottom of the first column, the sentence 

is corrected by adding the words ‘‘or 

entity’’ after the word ‘‘person’’ and 

deleting the words ‘‘who is’’, so that the 

sentence reads: ‘‘We have revised 

§ 668.14(b)(22)(ii) to clarify that, 

notwithstanding the ban in 

§ 668.14(b)(22)(i), eligible institutions, 

organizations that are contractors to 

eligible institutions, and other entities 

may make profit-sharing payments, so 

long as such payments are not provided 

to any person or entity engaged in 

student recruitment or admission 

activity or in making decisions 

regarding the award of title IV, HEA 

program funds.’’ 

10. On page 66895, in the third 

column, in the first paragraph, the 

words ‘‘or a second disbursement of Pell 

Grant funds,’’ are removed so that the 

sentence reads: ‘‘If the student has not 

begun attendance in enough courses to 

establish a half-time enrollment status, 

the institution may not make a first 

disbursement of a Direct Loan to the 

student (34 CFR 685.303(b)(2)(i)), 

although the funds are included as aid 

that could have been disbursed in the 

Return of Title IV Funds calculation.’’ 

11. On page 66916, the paragraph 

labeled Discussion that begins at the 

bottom of the second column and ends 

in the third column is removed and the 

following corrected Discussion is added 

in its place to read as follows: 

‘‘Discussion: As noted elsewhere in 

this preamble, the Department enforces 

its regulations, including those in 

subpart F of part 668 within a rule of 

reasonableness. We strongly believe that 

the concerns voiced by many 

commenters have ignored this fact. For 

this reason, we agree to limit the reach 

of the ban on making substantial 

misrepresentations to statements made 

by any ineligible institution, 

organization, or person with whom the 

eligible institution has an agreement to 

provide educational programs or those 

that provide marketing, advertising, 

recruiting, or admissions services. We 

have done this by narrowing the 

language in § 668.71(b) and the 

definition of the term misrepresentation. 

As a result, statements made by students 

through social media outlets will 

generally not be covered by these 

misrepresentation regulations. Also, 

statements made by entities that have 

agreements with the institution to 

provide services, such as food service, 

other than educational programs, 

marketing, advertising, recruiting, or 

admissions services will generally not 

be covered by these misrepresentation 

regulations.’’ 

12. On page 66917, in the third 

column, the third paragraph is corrected 

to read as follows: 

‘‘With regard to the commenters who 

stated that the ‘capacity, likelihood, or 

tendency to deceive or confuse’ 

language will be confusing, in general, 

we have no reason to believe that this 

language will have any such effect. 

However, we recognize that the word 

‘capacity’ is subject to a broad range of 

interpretations, so we have revised the 

regulations to state that a misleading 

statement is one that has the tendency 

or likelihood to deceive or confuse.’’ 

13. On page 66918, in the first 

column, the Changes paragraph 

incorrectly indicated that no changes 

were made to § 668.71(c). That 

paragraph is corrected to read as 

follows: 

‘‘Changes: We have revised § 668.71(c) 

to state that a misleading statement is 

one that has the tendency or likelihood 

to deceive or confuse.’’ 

Corrections to Regulatory Text 

§ 668.8 [Corrected] 

■ 14. On page 66950, in the second 

column, the introductory text of 

§ 668.8(l)(2) is corrected by adding the 

word ‘‘not’’ between the words ‘‘has’’ and 

‘‘identified’’. 

§ 668.14 [Corrected] 

■ 15. On page 66950, in the third 

column, § 668.14(b)(22)(ii)(B) is 

corrected by: 

■ (A) Adding the words ‘‘or entity’’ after 

the word ‘‘person’’. 

■ (B) Removing the words ‘‘who is’’. 

§ 668.58 [Corrected] 

■ 16. On page 66957, in the first 

column, § 668.58(a)(1)(iii) is corrected 

by removing the word ‘‘certified’’. 

■ 17. On page 66957, in the second 

column, § 668.58(a)(2)(iii)(B) is 

corrected by removing the words 

‘‘Subsidized Stafford Loan or’’. 

■ 18. On page 66957, in the second 

column, § 668.58(a)(3)(ii)(C) is corrected 

by removing the words ‘‘Subsidized 

Stafford Loan or’’. 

Dated: April 7, 2011. 

Eduardo M. Ochoa, 

Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2011–8747 Filed 4–12–11; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 75 

[EPA–HQ–OAR–2009–0837; FRL–9280–9] 

RIN 2060–AQ06 

Protocol Gas Verification Program and 

Minimum Competency Requirements 

for Air Emission Testing 

Correction 

In rule document 2011–6216 

appearing on pages 17288–17325 in the 

issue of Monday, March 28, 2011, make 

the following correction: 

Appendix D to Part 75 [Corrected] 

On page 17324, the heading of 

Appendix D is corrected to read: 


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