49478 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that 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 involves 

implementation of regulations within 33 

CFR part 100 applicable to organized 

marine events on the navigable waters 

of the United States that could 

negatively impact the safety of 

waterway users and shore side activities 

in the event area for 6 hours. It is 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Memorandum for the Record supporting 

this determination is available in the 

docket. For instructions on locating the 

docket, see the ADDRESSES section of 

this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T05–0505 to read as 

follows: 

§ 100.T05–0505 Bay Bridge Paddle, 

Chesapeake Bay, Between Sandy Point and 

Kent Island, MD. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All navigable waters of the Chesapeake 

Bay, adjacent to the shoreline at Sandy 

Point State Park and between and 

adjacent to the spans of the William P. 

Lane Jr. Memorial Bridges, from 

shoreline to shoreline, bounded to the 

north by a line drawn from the western 

shoreline at latitude 39°01′05.23′′ N, 

longitude 076°23′47.93′′ W; thence 

eastward to latitude 39°01′02.08′′ N, 

longitude 076°22′40.24′′ W; thence 

southeastward to eastern shoreline at 

latitude 38°59′13.70′′ N, longitude 

076°19′58.40′′ W; and bounded to the 

south by a line drawn parallel and 500 

yards south of the south bridge span 

that originates from the western 

shoreline at latitude 39°00′17.08′′ N, 

longitude 076°24′28.36′′ W; thence 

southward to latitude 38°59′38.36′′ N, 

longitude 076°23′59.67′′ W; thence 

eastward to latitude 38°59′26.93′′ N, 

longitude 076°23′25.53′′ W; thence 

eastward to the eastern shoreline at 

latitude 38°58′40.32′′ N, longitude 

076°20′10.45′′ W, located between 

Sandy Point and Kent Island, MD. The 

coordinates are based on datum NAD 

1983. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Coast Guard Event Patrol Commander 

(Event PATCOM) means a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard who has been 

designated by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region. 

Official patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor as participating in the ‘‘Bay 

Bridge Paddle’’ event, or otherwise 

designated by the event sponsor as 

having a function tied to the event. 

(c) Special local regulations. (1) 

Except for participants and vessels 

already at berth, all non-participants are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area described in 

paragraph (a) of this section unless 

authorized by the COTP MarylandNational Capital Region or Event 

PATCOM. 

(2) To seek permission to enter, 

contact the COTP Maryland-National 

Capital Region at telephone number 

410–576–2693 or on Marine Band 

Radio, VHF–FM channel 16 (156.8 

MHz) or the Event PATCOM on Marine 

Band Radio, VHF–FM channel 16 (156.8 

MHz). Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP 

Maryland-National Capital Region or 

Event PATCOM. 

(3) Official patrols will direct nonparticipants while within the regulated 

area. Official patrols enforcing the 

regulated area can be contacted on 

VHF–FM channel 16 and channel 22A. 

(4) The COTP Maryland-National 

Capital Region will provide notice of the 

regulated area through advanced notice 

via Fifth Coast Guard District Local 

Notice to Mariners, broadcast notice to 

mariners, and on-scene official patrols. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7 a.m. to 1 p.m. 

on September 26, 2021. 

Dated: August 30, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–19102 Filed 9–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 600 

[Docket ID ED–2018–OPE–0076] 

RIN 1840–AD38 

Distance Education and Innovation; 

Correction 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Correcting amendments. 

SUMMARY: On September 2, 2020, the 

Department of Education (Department) 

published in the Federal Register a final 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49479 

rule to amend the general, establishing 

eligibility, maintaining eligibility, and 

losing eligibility sections of the 

Institutional Eligibility regulations 

issued under the Higher Education Act 

of 1965, as amended (HEA), related to 

distance education and innovation, as 

well as the Student Assistance General 

Provisions regulations issued under the 

HEA (Distance Education and 

Innovation Rule). This document 

corrects the text in the regulations. 

DATES: This correction is effective on 

September 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Martin at (202) 453–7535 or 

Gregory.Martin@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: The 

Department’s Distance Education and 

Innovation Rule, published in the 

Federal Register on September 2, 2020 

(85 FR 54742), contained an error in the 

amendatory language that resulted in 

the deletion of 34 CFR 600.20(f), (g), and 

(h). This correction restores those 

paragraphs. 

Waiver of Proposed Rulemaking and 

Negotiated Rulemaking 

In accordance with the 

Administrative Procedure Act, 5 U.S.C. 

553, the Department generally offers 

interested parties the opportunity to 

comment on proposed regulations. 

However, the actions in this document 

merely correct a technical error, and 

thus, the Department has determined 

that publication of a proposed rule is 

unnecessary under 5 U.S.C. 553(b)(B). 

In addition, under section 492 of the 

HEA (20 U.S.C. 1098a), all regulations 

proposed by the Department for 

programs authorized under title IV of 

the HEA are subject to negotiated 

rulemaking requirements. Section 

492(b)(2) of the HEA provides that 

negotiated rulemaking may be waived 

for good cause when doing so would be 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ There is likewise 

good cause to waive the negotiated 

rulemaking requirement in this case, 

since, as explained above, notice and 

comment rulemaking is unnecessary. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. 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 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. 

List of Subjects in 34 CFR Part 600 

Colleges and universities, Grant 

programs—education, Loan programs— 

education, Reporting and recordkeeping 

requirements, Student aid, Vocational 

education. 

Michelle Asha Cooper, 

Acting Assistant Secretary for Postsecondary 

Education. 

Accordingly, the Secretary corrects 34 

CFR part 600 by making the following 

correcting amendment: 

PART 600—INSTITUTIONAL 

ELIGIBILITY UNDER THE HIGHER 

EDUCATION ACT OF 1965, AS 

AMENDED 

■ 1. The authority citation for part 600 

continues to read as follows: 

Authority: 20 U.S.C. 1001, 1002, 1003, 

1088, 1091, 1094, 1099b, and 1099c, unless 

otherwise noted. 

■ 2. Section 600.20 is amended by 

adding paragraphs (f) through (h) and a 

parenthetical OMB approval note to 

read as follows: 

§ 600.20 Notice and application 

procedures for establishing, reestablishing, 

maintaining, or expanding institutional 

eligibility and certification. 

* * * * * 

(f) Disbursement rules related to 

applications. (1)(i) Except as provided 

under paragraph (f)(1)(ii) of this section 

and 34 CFR 668.26, if an institution 

submits an application under paragraph 

(b)(2)(i) of this section because its 

participation period is scheduled to 

expire, after that expiration date the 

institution may not disburse title IV, 

HEA program funds to students 

attending that institution until the 

institution receives the Secretary’s 

notification that the institution is again 

eligible to participate in those programs. 

(ii) An institution described in 

paragraph (f)(1)(i) of this section may 

disburse title IV, HEA program funds to 

its students if the institution submits to 

the Secretary a materially complete 

renewal application in accordance with 

the provisions of 34 CFR 668.13(b)(2), 

and has not received a final decision 

from the Department on that 

application. 

(2)(i) Except as provided under 

paragraph (f)(2)(ii) of this section and 34 

CFR 668.26, if a private nonprofit, 

private for-profit, or public institution 

submits an application under paragraph 

(b)(2)(ii) or (iii) of this section because 

it has undergone or will undergo a 

change in ownership that results in a 

change of control or a change in status, 

the institution may not disburse title IV, 

HEA program funds to students 

attending that institution after the 

change of ownership or status until the 

institution receives the Secretary’s 

notification that the institution is 

eligible to participate in those programs. 

(ii) An institution described in 

paragraph (f)(2)(i) of this section may 

disburse title IV, HEA program funds to 

its students if the Secretary issues a 

provisional extension of certification 

under paragraph (g) of this section. 

(3) If an institution must apply to the 

Secretary under paragraphs (c)(1) 

through (4) of this section, the 

institution may not disburse title IV, 

HEA program funds to students 

attending the subject location, program, 

or branch until the institution receives 

the Secretary’s notification that the 

location, program, or branch is eligible 

to participate in the title IV, HEA 

programs. 

(4) If an institution applies to the 

Secretary under paragraph (c)(5) of this 

section to convert an eligible location to 

a branch campus, the institution may 

continue to disburse title IV, HEA 

program funds to students attending 

that eligible location. 

(5) If an institution does not apply to 

the Secretary to obtain the Secretary’s 

approval of a new location, program, 

increased level of program offering, or 

branch, and the location, program, or 

branch does not qualify as an eligible 

location, program, or branch of that 

institution under this part and 34 CFR 

part 668, the institution is liable for all 

title IV, HEA program funds it disburses 

to students enrolled at that location or 

branch or in that program. 

(g) Application for provisional 

extension of certification. (1) If a private 

nonprofit institution, a private for-profit 

institution, or a public institution 


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49480 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

1 86 FR 30232. 

participating in the title IV, HEA 

programs undergoes a change in 

ownership that results in a change of 

control as described in § 600.31, the 

Secretary may continue the institution’s 

participation in those programs on a 

provisional basis, if the institution 

under the new ownership submits a 

‘‘materially complete application’’ that 

is received by the Secretary no later 

than 10 business days after the day the 

change occurs. 

(2) For purposes of this section, a 

private nonprofit institution, a private 

for-profit institution, or a public 

institution submits a materially 

complete application if it submits a 

fully completed application form 

designated by the Secretary supported 

by— 

(i) A copy of the institution’s State 

license or equivalent document that—as 

of the day before the change in 

ownership—authorized or will 

authorize the institution to provide a 

program of postsecondary education in 

the State in which it is physically 

located; 

(ii) A copy of the document from the 

institution’s accrediting association 

that—as of the day before the change in 

ownership—granted or will grant the 

institution accreditation status, 

including approval of any non-degree 

programs it offers; 

(iii) Audited financial statements of 

the institution’s two most recently 

completed fiscal years that are prepared 

and audited in accordance with the 

requirements of 34 CFR 668.23; and 

(iv) Audited financial statements of 

the institution’s new owner’s two most 

recently completed fiscal years that are 

prepared and audited in accordance 

with the requirements of 34 CFR 668.23, 

or equivalent information for that owner 

that is acceptable to the Secretary. 

(h) Terms of the extension. (1) If the 

Secretary approves the institution’s 

materially complete application, the 

Secretary provides the institution with a 

provisional Program Participation 

Agreement (PPA). The provisional PPA 

extends the terms and conditions of the 

program participation agreement that 

were in effect for the institution before 

its change of ownership. 

(2) The provisional PPA expires on 

the earlier of— 

(i) The date on which the Secretary 

signs a new program participation 

agreement; 

(ii) The date on which the Secretary 

notifies the institution that its 

application is denied; or 

(iii) The last day of the month 

following the month in which the 

change of ownership occurred, unless 

the provisions of paragraph (h)(3) of this 

section apply. 

(3) If the provisional PPA will expire 

under the provisions of paragraph 

(h)(2)(iii) of this section, the Secretary 

extends the provisional PPA on a 

month-to-month basis after the 

expiration date described in paragraph 

(h)(2)(iii) of this section if, prior to that 

expiration date, the institution provides 

the Secretary with— 

(i) A ‘‘same day’’ balance sheet 

showing the financial position of the 

institution, as of the date of the 

ownership change, that is prepared in 

accordance with Generally Accepted 

Accounting Principles (GAAP) 

published by the Financial Accounting 

Standards Board and audited in 

accordance with Generally Accepted 

Government Auditing Standards 

(GAGAS) published by the U.S. General 

Accounting Office; 

(ii) If not already provided, approval 

of the change of ownership from the 

State in which the institution is located 

by the agency that authorizes the 

institution to legally provide 

postsecondary education in that State; 

(iii) If not already provided, approval 

of the change of ownership from the 

institution’s accrediting agency; and 

(iv) A default management plan 

unless the institution is exempt from 

providing that plan under 34 CFR 

668.14(b)(15). 

(Approved by the Office of Management and 

Budget under control number 1845–0012) 

[FR Doc. 2021–19141 Filed 9–2–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0366; FRL–8797–02– 

R9] 

Air Plan Approval; California; San 

Diego County Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Diego 

County Air Pollution Control District 

(SDCAPCD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision concerns emissions 

of volatile organic compounds (VOCs) 

from gasoline transfers into 

underground stationary storage tanks at 

gasoline dispensing facilities. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act (CAA or ‘‘Act’’). 

DATES: This rule will be effective on 

October 4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0366. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Newhouse, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3004 or by 

email at newhouse.rebecca@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 7, 2021,1 the EPA proposed 

to approve the following rule into the 

California SIP. 


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