### 52271 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations

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 that 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 which will only be effective temporarily and is therefore categorically excluded under paragraph 34(g) of the Instruction.

A final 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 record keeping 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; 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.T09–0752 to read as follows:

**§ 165.T09–0752 Safety Zone; Port Huron Float Down; St. Clair River; Port Huron, MI.** 

(a) Location. The safety zone will begin at Lighthouse Beach and encompass all U.S. waters of the St. Clair River, Port Huron, MI, bound by a line starting at a point on land north of Coast Guard Station Port Huron at position 43 ° 00′ 25 ′′ N; 082 ° 25 ′ 20′′ W, extending east to the international boundary to a point at position
43 ° 00 ′ 25 ′′ N; 082 ° 25 ′02 ′′ W, following south along the international boundary to a point at position 42 ° 54 ′ 30′′ N;
082 ° 27 ′41 ′′ W, extending west to a point on land (just north of Stag Island) at position 42 ° 54 ′ 30′′ N; 082 ° 27 ′ 58 ′′ W, and following north along the U.S. shoreline to the point of origin. (DATUM: NAD 83).

(b) Effective Period. This regulation is effective and will be enforced from 12 p.m. until 8 p.m. on August 21, 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 Detroit, or his designated on-scene 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 on-scene representative.

(3) The ‘‘on-scene representative’’ of the Captain of the Port 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 will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his designated on scene representative may be contacted via VHF Channel 21.

(4) Vessel operators desiring to enter or operate within the safety zone should contact the Captain of the Port Detroit or his on-scene 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 or his on-scene representative.

Dated: August 9, 2011. J. E. Ogden, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2011–21341 Filed 8–18–11; 4:15 pm]

**BILLING CODE 9110–04–P**

**DEPARTMENT OF EDUCATION**

**34 CFR Part 668**

**[Docket ID ED–2009–OPE–0003]**

**RIN 1840–AC95**

**Institutions and Lender Requirements Relating to Education Loans, Student**  **Assistance General Provisions, Federal Perkins Loan Program, Federal**  **Family Education Loan Program, and William D. Ford Federal Direct Loan**  **Program; Corrections**

**AGENCY :**  Office of Postsecondary Education, Department of Education.

**ACTION :**  Correcting amendments.

**SUMMARY :**  On October 28, 2009, the Department of Education (Department) published final regulations in the Federal Register to implement requirements relating to education loans that were added to the Higher Education Act of 1965, as amended (HEA), by the Higher Education Opportunity Act (HEOA). The Department also amended regulations for the Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program to implement certain provisions of the HEA that involve school-based loan issues and that were affected by the statutory changes made to the HEA by


### 52272 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations

the HEOA. That document inadvertently included minor technical errors in the amendments to 34 CFR part 668. This document corrects the final regulations.

**DATES :**  August 22, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Marty Guthrie, U.S. Department of Education, 1990 K Street, NW., room 8042, Washington, DC 20006–8502. 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 compact disc) on request to the contact person listed in this section.

**SUPPLEMENTARY INFORMATION :**  This document corrects minor technical errors included in the final regulations which were published in the Federal Register on October 28, 2009 (74 FR 55626).

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: http://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: http:// 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 668

Administrative practice and procedure, Colleges and universities, Consumer protection, Education, Loan programs—education, Reporting and recordkeeping requirements, Student aid.

Accordingly, 34 CFR part 668 is corrected by making the following correcting amendments:

**PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS** 

■ 1. The authority citation for part 668 continues to read as follows: Authority: 20 U.S.C. 1001, 1002, 1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, and 1099c–1, unless otherwise noted.

**§ 668.16 [Corrected]**

■ 2. In § 668.16(m)(2)(iv), add the word ‘‘will’’ after the word ‘‘we’’.

**§ 668.213 [Corrected]**

■ 3. In § 668.213—

■ A. In paragraph (g)(1), add the words ‘‘or of a rate described in paragraph (a)(2) of this section’’ after the words ‘‘you receive the notice of your loss of eligibility’’.

■ B. In paragraph (g)(2), add the words ‘‘or of a rate described in paragraph (a)(2) of this section’’ after the words ‘‘you receive the notice of your loss of eligibility’’.
(Catalog of Federal Domestic Assistance Numbers: 84.032 Federal Family Education Loan Program; 84.038 Federal Perkins Loan Program; 84.268 William D. Ford Federal Direct Loan Program.)

Dated: August 17, 2011. Eduardo M. Ochoa, Assistant Secretary for Postsecondary Education.
[FR Doc. 2011–21356 Filed 8–19–11; 8:45 am]

**BILLING CODE 4000–01–P**

**DEPARTMENT OF VETERANS AFFAIRS** 

**38 CFR Part 17**

**RIN 2900–AN85**

**Technical Revisions To Conform to the Caregivers and Veterans Omnibus**  **Health Services Act of 2010**

**AGENCY :**  Department of Veterans Affairs.

**ACTION :**  Final rule.

**SUMMARY :**  This final rule amends Department of Veterans Affairs (VA) medical regulations to incorporate statutory amendments. Certain statutes authorizing VA health care benefits were amended by the Caregivers and Veterans Omnibus Health Services Act of 2010. The statutory amendments affect enrollment in certain health care priority categories and exempt catastrophically disabled veterans from copayment requirements.

**DATES :**  Effective Date: This final rule is effective August 22, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Roscoe Butler, Deputy Director, Business Policy, Chief Business Office (163), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–1586. (This is not a toll free number). **SUPPLEMENTARY INFORMATION :**  This document amends 38 CFR part 17 to conform certain sections with statutory amendments made by sections 511 through 513 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (the Act), Public Law 163–111. Sections 512 and 513 of the Act amended statutory provisions affecting the enrollment of veterans in the VA health care system. VA’s enrollment regulation, 38 CFR 17.36, must be revised accordingly.

First, section 512 of the Act amended 38 U.S.C. 1705(a)(3) to add ‘‘veterans who were awarded the [M]edal of [H]onor under [10 U.S.C.] 3741, 6241 or 8741 or [14 U.S.C.] 491’’ to the list of veterans included in enrollment priority category three. Accordingly, we have revised 38 CFR 17.36(b)(3), our regulation implementing enrollment priority category three, consistent with the amendment of section 1705 .

Second, section 513 of the Act amended 38 U.S.C. 1710(e) to prescribe August 2, 1990, through November 11, 1998, as the specific period of time for enrollment eligibility based on active duty service in the Southwest Asia theater of operations during the Gulf War. Consistent with the statutory amendment, we are amending § 17.36(a)(3) and (b)(6) to include those specific dates.

Third, section 511 of the Act amended title 38, United States Code (U.S.C.), to add section 1730A, which reads as follows: ‘‘Notwithstanding subsections (f) and (g) of [38 U.S.C. 1710 and 1722A(a)] or any other provision of law, the Secretary may not require a veteran who is catastrophically disabled, as defined by the Secretary, to make any copayment for the receipt of hospital care or medical services under the laws administered by the Secretary.’’ In current 38 CFR 17.108(d), VA exempts 10 classes of veterans from the copayment requirements for inpatient hospital care or outpatient medical care. In current 38 CFR 17.110(c), we exempt 8 classes of veterans from copayment requirements for medication. Finally, in current 38 CFR 17.111(f), we exempt 7 classes of veterans from payment requirements for extended care services. Consistent with section 1730A, we are amending each of these regulations to add the new exemption for catastrophically disabled veterans.

Regarding the copayment exemption for extended care services, we note that under section 1730A, VA may exempt copayments for extended care services that are considered hospital care or medical services. In 38 U.S.C. 1701(6)(E), Congress defined ‘‘medical services’’ as including