23712 Federal Register / Vol. 76, No. 82 / Thursday, April 28, 2011 / Rules and Regulations 

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 removing 33 CFR 165.1304 and 

165.1306 as these safety zones are 

already codified under 33 CFR 

165.1332. Under figure 2–1, paragraph 

(34)(g), of the Instruction, an 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for 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 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. Remove § 165.1304. 

■ 3. Remove § 165.1306. 

Dated: April 7, 2011. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2011–10248 Filed 4–27–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 222 

RIN 1810–AA94 

Impact Aid Programs 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final regulations. 

SUMMARY: The Secretary of Education 

amends the regulations governing the 

Impact Aid Discretionary Construction 

program, authorized under section 

8007(b) of the Elementary and 

Secondary Education Act of 1965, as 

amended. This program provides 

competitive grants for emergency 

repairs and modernization of school 

facilities to certain eligible local 

educational agencies (LEAs) that receive 

Impact Aid formula funds. These final 

regulations amend a requirement for 

applying for these Impact Aid funds and 

will improve the administration and 

distribution of funds under this 

program. These final regulations apply 

to grant competitions in fiscal year (FY) 

2012 and later years. 

DATES: These regulations are effective 

May 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Walls-Rivas, Impact Aid 

Program, U.S. Department of Education, 

400 Maryland Avenue, SW., 

Washington, DC 20202. Telephone: 

(202) 260–1357 or via e-mail: 

Kristen.Walls-Rivas@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 person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: On August 

13, 2010, the Secretary published a 

notice of proposed rulemaking (NPRM) 

for the Impact Aid Discretionary 

Construction program in the Federal 

Register (75 FR 49432). That notice 

contained background information and 

our reasons for proposing the particular 

changes to the regulations, which were 

proposed to limit Impact Aid 

Discretionary Construction program 

applicants to one application per year 

and one school per application. 

There are no differences between the 

NPRM and these final regulations. 

Analysis of Comments 

In response to our invitation in the 

NPRM, three parties submitted 

comments, one of which was related to 

the proposed regulations and the rest of 

which were outside the scope of the 

proposed regulations. An analysis of the 

comments since publication of the 

NPRM follows. Generally, we do not 

address technical and other minor 

changes, or suggested changes the law 

does not authorize the Secretary to 

make. 

Comment: One commenter suggested 

that instead of limiting each applicant to 

one application addressing one 

construction project, each applicant’s 

total receivable funds should be limited 

to a percentage of the total amount 

available for new awards, and 

applicants should continue to be 

allowed to submit multiple applications 

for multiple projects. 

Discussion: The program statute, 

which limits the amount of funds 

provided under emergency or 

modernization grants at $4 million per 

LEA over 4 years (or no limit for LEAs 

with no practical capacity to issue 

bonds), precludes the Department from 

specifying a maximum award amount 

per LEA based on other criteria, such as 

a percentage of the total amount of 

funding available. Because the total 

award amount varies from year to year, 

assigning a fixed percentage cap could 

have the effect of limiting some 

grantees’ awards to levels less than the 

limit prescribed by the statute. The 

Department believes that these final 

regulations are the most effective course 

of action for ensuring that more 

applicants have the opportunity to 

receive grants to meet urgent emergency 


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Federal Register / Vol. 76, No. 82 / Thursday, April 28, 2011 / Rules and Regulations 23713 

and modernization needs in their school 

facilities. 

Changes: None. 

Comment: None. 

Discussion: Section 222.183 includes 

several examples immediately following 

paragraph (a) which, as a result of the 

substantive change proposed in the 

NPRM and made final in this document, 

are no longer necessary. Although we 

intended for the amendatory language in 

the NPRM to remove these examples, it 

is possible that our intent was not clear. 

Therefore, we are adding specific 

instructions in the amendatory language 

to remove these examples from the 

regulatory text. We are making this 

change for clarification purposes only. 

Change: We have added specific 

instructions to the amendatory language 

to make clear that we are removing the 

examples immediately following 

paragraph (a) in § 222.183. 

Executive Order 12866 

We have reviewed these final 

regulations in accordance with 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this final 

regulatory action. 

We have determined that this final 

regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

Summary of Potential Costs and 

Benefits 

These final regulations are likely to 

benefit both small and large entities in 

that they will provide more equitable 

opportunities for funding of school 

construction needs. 

These final regulations impose no 

additional administrative or paperwork 

burden requirements on applicants and 

no additional requirements with which 

grant recipients must comply. 

The Department incurs no or minimal 

additional costs to implement these 

final regulations. In assessing the 

potential costs and benefits—both 

quantitative and qualitative—of this 

final regulatory action, we have 

determined that the benefits of the final 

regulations justify the costs. 

Paperwork Reduction Act of 1995 

These final regulations do not contain 

any information collection 

requirements. 

Intergovernmental Review 

This program is subject to the 

requirements of Executive Order 12372 

and the regulations in 34 CFR Part 79. 

The objective of the Executive order is 

to foster an intergovernmental 

partnership and a strengthened 

federalism by relying on processes 

developed by State and local 

governments for coordination and 

review of proposed Federal financial 

assistance. 

In accordance with the order, we 

intend this document to provide early 

notification of our specific plans and 

actions for this program. 

Assessment of Educational Impact 

Based on the response to the NPRM 

and our review, we have determined 

that these final regulations do not 

require transmission of information that 

any other agency or authority of the 

United States gathers or makes 

available. 

Electronic Access to This Document: 

You can 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. 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. 

Catalog of Federal Domestic Assistance 

Number 84.041 Impact Aid Discretionary 

Construction Program. 

List of Subjects in 34 CFR Part 222 

Education, Grant programs— 

education, Application procedures, 

Construction programs. 

Dated: April 22, 2011. 

Thelma Me ́lendez de Santa Ana, 

Assistant Secretary for Elementary and 

Secondary Education. 

For the reasons discussed in the 

preamble, the Secretary amends chapter 

II of title 34 of the Code of Federal 

Regulations as follows: 

PART 222—IMPACT AID PROGRAMS 

■ 1. The authority citation for part 222 

continues to read as follows: 

Authority: 20 U.S.C. 7701–7714, unless 

otherwise noted. 

■ 2. Section 222.183 is amended by: 

■ a. Revising paragraph (a) as set forth 

below; and 

■ b. Removing Examples 1, 2, and 3 

following paragraph (a). 

The revision reads as follows: 

§ 222.183 How does an LEA apply for a 

grant? 

(a) To apply for funds under this 

program, an LEA may submit only one 

application for one educational facility 

for each competition. 

* * * * * 

[FR Doc. 2011–10239 Filed 4–27–11; 8:45 am] 

BILLING CODE 4000–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[PS Docket No. 07–114; FCC 10–176] 

Wireless E911 Location Accuracy 

Requirements 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

contained in regulations concerning 

wireless E911 location accuracy 

requirements. The information 

collection requirements were approved 

on March 30, 2011 by OMB. 

DATES: The amendments to 47 CFR 

20.18(h)(1)(vi), (h)(2)(iii), and (h)(3) 

published at 75 FR 70604, November 18, 

2010, are effective on April 28, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Patrick.Donovan@fcc.gov or on (202) 

418–2413. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2010 at 75 FR 70604, the 

Commission published in the Federal 

Register the summary of the Second 

Report and Order (2nd R&O) in PS 

Docket No. 07–114; FCC 10–176. In the 

2nd R&O, Commission amended 47 CFR 

20.18(h) to require wireless licensees 

subject to standards for wireless 

Enhanced 911 (E911) Phase II location 

accuracy and reliability to satisfy these 

standards at either a county-based or 

Public Safety Answering Point (PSAP)- 

based geographic level. The 

Commission took this step to ensure an 

appropriate and consistent compliance 

methodology with respect to location 

accuracy standards. In the notice at 75 

FR 70604, the Commission announced 

that the amended rule is effective 

January 18, 2011, except for 

§§ 20.18(h)(1)(vi), 20.18(h)(2)(iii), and 

20.18(h)(3), which contain information 

collection requirements that have not 

been approved by OMB. The 


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