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: 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 20537 

Appendix D to Part 75—Optional SO2

Emissions Data Protocol for Gas-Fired 

and Oil-Fired Peaking Units 

[FR Doc. C1–2011–6216 Filed 4–12–11; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0063; FRL–8867–5] 

Etoxazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of etoxazole in or 

on multiple commodities which are 

identified and discussed later in this 

document. Interregional Research 

Project #4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective April 

13, 2011. Objections and requests for 

hearings must be received on or before 

June 13, 2011, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0063. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Ertman, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; e-mail address: 

ertman.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.gpoaccess.gov/ecfr. 

To access the harmonized test 

guidelines referenced in this document 

electronically, please go to http:// 

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0063 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before June 13, 2011. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2010–0063, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Summary of Petitioned-for Tolerance 

In the Federal Register of May 19, 

2010 (75 FR 28009) (FRL–8823–2), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 9E7675) by IR–4, 

Rutgers, The State University of New 

Jersey, 500 College Road East, Suite 201 

W., Princeton, NJ 08540. The petition 

requested that 40 CFR part 180 be 

amended by establishing tolerances for 

residues of the miticide/ovicide 

etoxazole, 2-(2,6-difluorophenyl)-4-[4- 

(1,1-dimethylethyl)-2-ethoxyphenyl]- 

4,5-dihydrooxazole, in or on peppers, 

African eggplant, eggplant, martynia, 

okra, pea eggplant, pepino, roselle, and 

scarlet eggplant at 0.20 ppm; Crop 

Group 9: Cucurbit vegetables at 0.20 

ppm; Subgroup 13–07A: Caneberry at 

1.1 ppm; Subgroup 13–07F: Small fruit 

vine climbing subgroup except fuzzy 

kiwi at 0.50 ppm; Subgroup 13–07G: 

Low-growing berry subgroup at 0.50 

ppm and avocado, papaya, star apple, 

black sapote, mango, sapodilla, canistel, 

and mamey sapote at 0.20 ppm; and tea 

at 15 ppm. The petition also proposed 

to delete the established tolerances in or 

on strawberry, grape, cucumber, and 

vegetable, cucurbit subgroup 9A since 


emcdonald on DSK2BSOYB1PROD with RULES