54588 Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 165.1332 and 5 U.S.C. 552(a). 

In addition to this notice, the Coast 

Guard will provide the maritime 

community with extensive advanced 

notification of the safety zones via the 

Local Notice to Mariners and marine 

information broadcasts on the day of the 

events. 

Dated: August 28, 2013. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2013–21523 Filed 9–4–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0087] 

Security Zone; Protection of Military 

Cargo, Captain of the Port Zone Puget 

Sound 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Sitcum Waterway Security Zone in 

Commencement Bay, Tacoma, 

Washington from 6:00 a.m. on 

September 2, 2013 through 11:59 p.m. 

on September 10, 2013 unless cancelled 

sooner by the Captain of the Port. This 

action is necessary for the security of 

Department of Defense assets and 

military cargo in the navigable waters of 

Puget Sound and adjacent waters. Entry 

into this zone is prohibited unless 

otherwise exempted or excluded under 

33 CFR 165.1321 or unless authorized 

by the Captain of the Port or his 

Designated Representative. 

DATES: The regulations in 33 CFR 

165.1321 will be enforced from 6:00 

a.m. on September 2, 2013 through 

11:59 p.m. on September 10, 2013, 

unless cancelled sooner by the Captain 

of the Port. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email LTJG Johnny Zeng, Sector 

Puget Sound Waterways Management 

Division, Coast Guard; telephone 206– 

217–6051, email SectorPugetSound 

WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Sitcum 

Waterway Security Zone set forth in 

paragraph (c)(2) of 33 CFR 165.1321 on 

September 2, 2013 at 6:00 a.m. through 

11:59 p.m. on September 10, 2013 

unless cancelled sooner by the Captain 

of the Port or Designated Representative. 

Under the provisions of 33 CFR 

165.1321, the Coast Guard published a 

final rule for the security of Department 

of Defense assets and military cargo in 

the navigable waters of Puget Sound and 

adjacent waters. The security zone will 

provide for the regulation of vessel 

traffic in the vicinity of military cargo 

loading facilities in the navigable waters 

of the United States. The security zones 

also exclude persons and vessels from 

the immediate vicinity of these facilities 

during military cargo loading and 

unloading operations. In addition, the 

regulation establishes requirements for 

all vessels to obtain permission of the 

COTP or Designated Representative, 

including the Vessel Traffic Service 

(VTS), to enter, move within, or exit 

these security zones when they are 

enforced. Entry into this zone is 

prohibited unless otherwise exempted 

or excluded under 33 CFR 165.1321 or 

unless authorized by the Captain of the 

Port or Designated Representative. 

This notice is issued under authority 

of 33 CFR 165.1321 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with 

notification of this enforcement period 

via marine information broadcasts and 

on-scene assets. If the COTP determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: August 23, 2013. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2013–21513 Filed 9–4–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Subtitle A 

[Docket ID ED–2013–OS–0050] 

RIN 1810–AB17 

Final Priorities, Requirements, 

Definitions, and Selection Criteria: 

Race to the Top—District Program; 

Correction 

AGENCY: Office of the Deputy Secretary, 

U.S. Department of Education. 

ACTION: Final priorities, requirements, 

definitions, and selection criteria; 

correction. 

SUMMARY: The Secretary of Education is 

correcting an omission in the final 

priorities, requirements, definitions, and 

selection criteria published in the 

Federal Register on August 6, 2013 (78 

FR 47980), namely waiving the 60-day 

time period for a major rule to become 

effective under the Congressional 

Review Act. Through this document, we 

correct this omission. We do not change 

any other aspect of the final priorities, 

requirements, definitions, and selection 

criteria, and their regulatory texts 

remain unchanged. 

DATES: Effective September 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

James Butler, U.S. Department of 

Education, 400 Maryland Ave. SW., 

Room 7E214, Washington, DC 20006– 

8542. Telephone: (202) 260–9737 or by 

email: james.butler@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. 

SUPPLEMENTARY INFORMATION: 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

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. 

Correction 

In the Federal Register of August 6, 

2013 (78 FR 47980), we make the 

following correction to the Race to the 

Top—District Program notice of final 

priorities, requirements, definitions, and 

selection criteria: 


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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations 54589 

1The Small Business Administration’s (SBA) 

Office of Size Standards develops the numerical 

definition of a small business. See 13 CFR 121.201. 

The SBA has established a size standard for rail 

transportation, stating that a line-haul railroad is 

considered small if its number of employees is 

1,500 or less, and that a short line railroad is 

considered small if its number of employees is 500 

or less. Id. (industry subsector 482). 

On page 48003, in the first column, 

before the heading ‘‘Intergovernmental 

Review,’’ add a new heading, Waiver of 

Delayed Effective Date under the 

Congressional Review Act, and the 

following three paragraphs: 

These final priorities, requirements, 

definitions, and selection criteria have 

been determined to be a major rule for 

purposes of the Congressional Review 

Act (CRA) (5 U.S.C. 801, et seq.). 

Generally, under the CRA, a major rule 

takes effect 60 days after the date on 

which the rule is published in the 

Federal Register. Section 808(2) of the 

CRA, however, provides that any rule 

which an agency for good cause finds 

(and incorporates the finding and a brief 

statement of reasons therefore in the 

rule issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest, shall take effect at such time as 

the Federal agency promulgating the 

rule determines. 

These final priorities, requirements, 

definitions, and selection criteria are 

needed to implement the Race to the 

Top—District program and run the 

competition in FY 2013. The 

Department must make awards no later 

than December 31, 2013, or the funds 

will lapse. To ensure that we do so, the 

Department established October 3, 2013, 

as the deadline by which applicants 

must submit their applications. This 

will give applicants sufficient time to 

submit high-quality applications (58 

days), peers sufficient time to conduct a 

thorough and rigorous review of 

applications (approximately 45 days), 

and the Department sufficient time to 

make awards (approximately 40 days). 

An effective date 60 days after 

publication would fall after October 3, 

and the priorities, requirements, 

definitions, and selection criteria would 

not be effective at the time applications 

are due. Given the large number of 

applications we expect, the need to 

provide peers with sufficient time for 

review, and the need to allow sufficient 

time for the Department to make 

awards, a later due date for applications 

is not practicable. Accordingly, there is 

good cause to waive the delayed 

effective date under the Congressional 

Review Act. 

Dated: August 30, 2013. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2013–21640 Filed 9–4–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Parts 1121, 1150, and 1180 

[Docket No. EP 714] 

Information Required in Notices and 

Petitions Containing Interchange 

Commitments 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Final rules. 

SUMMARY: On November 1, 2012, the 

Board issued a Notice of Proposed 

Rulemaking (NPR) proposing rules that 

would establish additional disclosure 

requirements for notices and petitions 

for exemption where the underlying 

lease or line sale includes an 

interchange commitment. Based on the 

comments received and further 

evaluation, the Board now adopts as 

final the proposed rules, with 

modifications that reduce the amount of 

information required to be submitted. 

The final rules are set forth below. 

DATES: Effective date: These rules will 

be effective on October 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Amy C. Ziehm at (202) 245–0391. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

modifies its existing rules regarding 

notices and petitions for acquisition 

exemption in which an underlying sale 

or lease agreement includes an 

interchange commitment with the 

addition of certain filing requirements. 

Additional information is contained in 

the Board’s decision served on 

September 5, 2013. To obtain a copy of 

this decision, visit the Board’s Web site 

at http://www.stb.dot.gov. Copies of the 

decision may also be purchased by 

contacting the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance and (202) 245–0238. 

Paperwork Reduction and Regulatory 

Flexibility 

In the NPR, published in the Federal 

Register at 77 FR 66165 on November 2, 

2012, the Board sought comments 

pursuant to the Paperwork Reduction 

Act (PRA), 44 U.S.C. 3501–3549, and 

Office of Management and Budget 

(OMB) regulations at 5 CFR 1320.11, 

regarding: (1) Whether the collection of 

information as modified in the proposed 

rule and further described in Appendix 

B, is necessary for the proper 

performance of the functions of the 

Board, including whether the collection 

has practical utility; (2) the accuracy of 

the Board’s burden estimates; (3) ways 

to enhance the quality, utility, and 

clarity of the information collected; and 

(4) ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology, 

when appropriate. We received 

comments regarding the Board’s burden 

estimates and have addressed them in 

the full decision. 

The proposed rule modifications were 

submitted to OMB for review as 

required under the PRA, 44 U.S.C. 

3507(d), and 5 CFR 1320.11. No 

substantive comments were received 

from OMB. Unless renewed, OMB 

approval for this collection expires 

August 31, 2014. The OMB control 

number is 2140–0016. The display of a 

currently valid OMB control number for 

this collection is required by law. Under 

the PRA and 5 CFR 1320.11, an agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless the 

collection displays a currently valid 

OMB control number. 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, generally 

requires a description and analysis of 

new rules that would have a significant 

economic impact on a substantial 

number of small entities. Under 

§ 605(b), an agency is not required to 

perform an initial or final regulatory 

flexibility analysis if it certifies that the 

proposed or final rules will not have a 

‘‘significant impact on a substantial 

number of small entities.’’ In accordance 

with § 605(b), we certify that the final 

rules will not have a significant 

economic impact on a substantial 

number of small entities.1 The basis for 

this determination is as follows. 

The regulations adopted here will 

affect all railroads filing notices and 

petitions for exemption for sales and 

leases that contain interchange 

commitments. The filing railroad (or 

respondent) is typically a small rail 

carrier. Between May 2008, when the 

Board began requiring the disclosure of 

interchange commitments in notices 

and petitions for exemption, and the 

date of this decision, a total of 12 

notices or petitions for exemption for 


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