57798 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Rules and Regulations 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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. Add a temporary § 165.T07–0762 to 

read as follows: 

§ 165.T07–0762 Safety Zone; Pro Hydro–X 

Tour; Atlantic Ocean; Islamorada, FL. 

(a) Regulated Area. The following 

regulated area is established as a safety 

zone. All coordinates are North 

American Datum 1983. All waters of the 

Atlantic Ocean, Islamorada, FL 

encompassed within the following 

points: starting at Point 1 in position 

24°56′29′′ N, 80°36′20′′ W; thence 

southwest to Point 2 in position 

24°56′27′′ N, 80°36′23′′ W; thence south 

to Point 3 in position 24°56′26′′ N, 

80°36′23′′ W; thence east to Point 4 in 

position 24°56′26′′ N, 80°36′21′′ W; 

thence northeast to Point 5 in position 

24°56′27′′ N, 80°36′20′′ W; thence 

northeast to Point 6 in position 

24°56′28′′ N, 80°36′18′′ W; thence 

northwest to Point 7 in position 

24°56′29′′ N, 80°36′19′′ W; thence 

northwest back to origin. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Key West in the 

enforcement of the regulated area. 

(c) Regulations. (1) All nonparticipant persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the event area without 

authorization from the Captain of the 

Port Key West or a designated 

representative. 

(2) Non-participants persons and 

vessels desiring to enter, transit through, 

anchor in, or remain within a regulated 

area may contact the Captain of the Port 

Key West by telephone at 305–292– 

8727, or a designated representative via 

VHF radio on channel 16. If 

authorization to enter, transit through, 

anchor in, or remain within a regulated 

area is granted by the Captain of the Port 

Key West or a designated representative, 

all persons and vessels receiving such 

authorization must comply with the 

instructions of the Captain of the Port 

Key West or a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners and on-scene designated 

representatives. 

(d) Effective Date. This rule will be 

enforced daily from 7:30 a.m. until 4 

p.m. on September 20, 21 and 22, 2013. 

Dated: September 5, 2013. 

J.W. Reed, 

Commander, U.S. Coast Guard, Alternate 

Captain of the Port Key West. 

[FR Doc. 2013–22905 Filed 9–19–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 668 

[Docket ID ED–2010–OPE–0004] 

RIN 1840–AD02 

Program Integrity Issues 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Final regulations; Technical 

amendments. 

SUMMARY: On October 29, 2010, the 

Department of Education published in 

the Federal Register final regulations for 

improving integrity in the programs 

authorized under title IV of the Higher 

Education Act of 1965, as amended 

(HEA) (October 29, 2010, final 

regulations). This document makes 

technical amendments to those 

regulations in accordance with a court 

order. 

DATES: These regulations are effective 

September 20, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Brian Kerrigan, U.S. Department of 

Education, 1990 K Street NW., room 

8060, Washington, DC 20006. 

Telephone: (202) 219–7070 or by email 

at Brian.Kerrigan@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), 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) by 

contacting the contact person listed in 

this section. 

SUPPLEMENTARY INFORMATION: The 

October 29, 2010, final regulations (75 

FR 66832) amended 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 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 the National Science and 

Mathematics Access to Retain Talent 

Grant (National Smart Grant) Programs. 

This document amends 34 CFR 

668.71(a), (b), and (c) and removes 34 

CFR 668.75 of subpart F of part 668 of 

the Student Assistance General 

Provisions in accordance with the 

remand in Association of Private Sector 

Colleges and Universities v. Duncan, 

681 F.3d 427 (D.C. Cir. 2012). 

In this case, the D.C. Circuit held that 

the Department’s misrepresentation 

regulations exceeded the HEA’s limits 

in three respects: By allowing the 

Secretary to take certain enforcement 

actions against schools without 

procedural protections; by prohibiting 

misrepresentations with respect to 

subjects that are not set forth in the 

relevant provisions of the HEA; and by 

defining the term ‘‘misrepresentation’’ 

to include statements that have the 

likelihood or tendency to confuse. The 

court remanded these provisions for 

actions consistent with its opinion. 

These final regulations, therefore, 

amend or remove the subject regulatory 

provisions in order to make the 

Department’s regulations consistent 

with the court’s opinion. 

Waiver of Proposed Rulemaking, 

Negotiated Rulemaking, and Delayed 

Effective Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department generally offers interested 

parties the opportunity to comment on 

proposed regulations. However, the 

APA provides that an agency is not 

required to conduct notice and 

comment rulemaking when the agency 

for good cause finds that notice and 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Rules and Regulations 57799 

public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest. 5 U.S.C. 553(b)(B). 

There is good cause here for waiving 

rulemaking under the APA. Notice and 

comment to amend current § 668.71 and 

to remove § 668.75 are unnecessary 

because we are merely amending these 

sections consistent with the D.C. 

Circuit’s decision in Association of 

Private Sector Colleges and Universities 

v. Duncan. 

For the same reasons, the Secretary 

has decided to waive the 30-day delay 

in the effective date of these regulatory 

changes under 5 U.S.C. 553(d)(3) and 

determined, under section 492(b)(2) of 

the HEA, 20 U.S.C. 1098a(b)(2), that 

these regulations should not be subject 

to negotiated rulemaking. 

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: 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: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

(Catalog of Federal Domestic Assistance 

Numbers: 84.268, Federal Direct Student 

Loans) 

List of Subjects in 34 CFR Part 668 

Administrative practice and 

procedure, Aliens, Colleges and 

universities, Consumer protection, 

Grant programs—education, Loan 

programs—education, Reporting and 

recordkeeping requirements, Selective 

Service System, Student aid, Vocational 

education. 

Dated: September 17, 2013. 

Arne Duncan, 

Secretary of Education. 

For the reasons discussed in the 

preamble, the Secretary amends part 

668 of title 34 of the Code of Federal 

Regulations as follows: 

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. 

§ 668.71 [Amended] 

■ 2. Section 668.71 is amended by: 

■ A. In paragraphs (a)(1) and (a)(2), 

adding the words ‘‘, if the institution is 

provisionally certified under 

§ 668.13(c)’’ immediately before the 

semi-colon. 

■ B. In the second sentence of paragraph 

(b), removing the words ‘‘regarding the 

eligible institution, including’’. 

■ C. In paragraph (c), in the second 

sentence of the definition of 

‘‘misrepresentation’’, removing the 

words ‘‘or confuse’’. 

§ 668.75 [Removed] 

■ 3. Section 668.75 is removed. 

[FR Doc. 2013–22935 Filed 9–19–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1990–0010; FRL–9901– 

15–Region 9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On July 24, 2013, EPA 

published a Notice of Intent to Delete 

and a direct final Notice of Deletion for 

the Sola Optical U.S.A., Inc. Superfund 

Site from the National Priorities List. 

The EPA is withdrawing the Final 

Notice of Deletion due to adverse 

comments that were received during the 

public comment period. After 

consideration of the comments received, 

if appropriate, EPA will publish a 

Notice of Deletion in the Federal 

Register based on the parallel Notice of 

Intent to Delete and place a copy of the 

final deletion package, including a 

Responsiveness Summary, if prepared, 

in the Site repositories. 

DATES: This withdrawal of the direct 

final action published July 24, 2013 (78 

FR 44455), is effective as of September 

20, 2013. 

ADDRESSES: Information Repositories: 

Comprehensive information on the Site, 

as well as the comments that we 

received during the comment period, 

are available in docket [EPA–HQ– 

SFUND–1990–0010], accessed through 

the http://www.regulations.gov Web 

site. Although listed in the docket 

index, some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http://

www.regulations.gov or in hard copy at: 

Superfund Records Center, 95 

Hawthorne St., Room 403, Mail Stop 

SFD–7C, San Francisco, CA 94105, 

(415) 536–2000, Mon–Fri: 8:00 a.m. to 

5:00 p.m. 

Petaluma Public Library, 100 

Fairgrounds Drive, Petaluma CA 

94952, (707) 763–9801, Mon, Thurs, 

Fri, Sat: 10:00 a.m. to 6:00 p.m., Tues, 

Wed: 10:00 a.m. to 9:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Dante Rodriguez, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 9, SFD–8–2, 75 

Hawthorne Street, San Francisco, CA 

94105, (415) 972–3166, email: 

rodriguez.dante@epa.gov. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 12, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region 9. 

Accordingly, the amendment to Table 

1 of Appendix B to CFR Part 300 to 

remove the entry ‘‘Sola Optical U.S.A., 

Inc.’’, ‘‘Petaluma, California’’ is 

withdrawn as of September 20, 2013. 

[FR Doc. 2013–22851 Filed 9–19–13; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with RULES