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

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 

mstockstill on DSK4VPTVN1PROD with RULES

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 

mstockstill on DSK4VPTVN1PROD with RULES