67370 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e), of the 

Instruction, from further environmental 

documentation. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 2. From December 15, 2005 until 

March 15, 2006, add temporary 

§ 117.T398 to read as follows: 

117.T398 Upper Mississippi River. 

See § 117.671, Upper Mississippi 

River, listed under Minnesota. 

■ 3. From December 15, 2005 until 

March 15, 2006, add temporary 

§ 117.T408 to read as follows: 

117.T408 Upper Mississippi River. 

See § 117.671, Upper Mississippi 

River, listed under Minnesota. 

■ 4. From December 15, 2005 until 

March 15, 2006, amend § 117.671 by 

adding paragraphs (c) and (d) to read as 

follows: 

117.671 Upper Mississippi River. 

* * * * * 

(c) From December 15, 2005 until 

March 15, 2006, the draws of the Ft. 

Madison Drawbridge, mile 383.9, the 

Burlington Railroad Drawbridge, mile 

403.1, and the Illinois Central Railroad 

Drawbridge, mile 579.9, need not open 

unless at least 24 hours advance notice 

is given. 

(d) From December 15, 2005 until 

March 15, 2006, the draw of the Rock 

Island Arsenal Drawbridge, mile 482.9, 

need not open for the passage of vessels. 

Dated: November 1, 2005. 

Steve Venckus, 

Chief, Office of Regulations & Administrative 

Law, Office of the Judge Advocate General, 

United States Coast Guard. 

[FR Doc. 05–22101 Filed 11–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Areas at Multiple Military 

Sites Within the State of Florida 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending seven 

existing regulations to incorporate 

changes to the types of restriction, the 

area affected by the restriction, and/or 

the administration of six restricted areas 

and one danger zone. Additionally, the 

Corps is establishing two new restricted 

areas. The restricted areas and danger 

zone are located within the State of 

Florida. The amended regulations will 

enable the affected units of the U.S. 

Military to enhance safety and security 

around active military establishments. 

These regulations are necessary to 

safeguard military vessels and United 

States government facilities from 

sabotage and other subversive acts, 

accidents, or incidents of similar nature. 

These regulations are also necessary to 

protect the public from potentially 

hazardous conditions that may exist as 

a result of military use of the area. 

EFFECTIVE DATE: December 7, 2005. 

ADDRESSES: U.S. Army Corps of 

Engineers, ATTN: CECW–CO, 441 G 

Street, NW., Washington, DC 20314–

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, U.S. Army Corps of 

Engineers, Headquarters, Washington, 

DC at 202–761–4922, or Mr. Jon M. 

Griffin, U.S. Army Corps of Engineers, 

Jacksonville District, Regulatory 

Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat 892; 33 U.S.C. 3) the Corps is 

amending the regulations in 33 CFR part 

334 by modifying the area or restrictions 

at sections 334.560, 334.580, 334.610, 

334.760, 334.775, 334.778, and 334.780. 

Additionally, the Corps is establishing 

two new restricted areas at § 334.635 

and § 334.515. The modification to each 

existing restricted area and danger zone 

is described in the body of this notice 

along with a description of the two 

newly established restricted areas. The 

proposed rule was published in the 

March 25, 2005, issue of the Federal 

Register (70 FR 15247). 

These amendments to the regulations 

will allow the Commanding Office at 

each of the affected military units to 

restrict passage of persons, watercraft, 

and vessels at his or her discretion in 

the interest of National Security until 

such time he or she determines such 

restrictions may be terminated. 

In response to the proposed rule, two 

commenters raised concerns about the 

amendment of § 334.540, specifically 

the potential loss of public access to 

areas presently open to public 

recreational fishing. These issues are 

still being considered and the proposed 

changes to § 334.540 are not included in 

this final rule. Therefore, the restricted 

area at § 334.550 will not be 

disestablished, because we proposed to 

remove that section only if the proposed 

changes to § 334.540 were adopted. 

Procedural Requirements 

a. Review Under Executive Order 

12866. These rules are issued with 

respect to a military function of the 

United States and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. These rules have been 

reviewed under the Regulatory 

Flexibility Act (Public Law 96–354; 5 

U.S.C. 601) which requires the 

preparation of a regulatory flexibility 

analysis for any regulation that will 

have a significant economic impact on 

a substantial number of small entities 

(i.e., small businesses and small 

Governments). We have concluded that 

the proposed modifications to the 

existing restricted areas and danger zone 

and the establishment of two new 

restricted areas would have practically 

no economic impact on the public, and 

would create no anticipated 

navigational hazard or interference with 

existing waterway traffic. Accordingly, 

we certify that these rules will not have 

a significant economic impact on a 

substantial number of small entities. 

c. Review Under the National 

Environmental Policy Act. We have 

concluded, based on the minor nature of 

the changes, that these amendments to 

the danger zone and restricted areas will 

not be a major Federal action having a 

significant impact on the quality of the 

human environment, and preparation of 

an environmental impact statement is 

not required. 

d. Unfunded Mandates Act. These 

rules do not impose an enforceable duty 

among the private sector and, therefore, 

is not a Federal private sector mandate 

and is not subject to the requirements of 

Section 202 or 205 of the Unfunded 

Mandates Reform Act (Pub. L. 104–4, 

109 Stat. 48, 2 U.S.C. 1501 et seq.). We 

have also found under Section 203 of 

Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 67371 

the Act, that small Governments will 

not be significantly or uniquely affected 

by this rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

■ For the reasons set out in the 

preamble, the Corps amends portions of 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Add § 334.515 to read as follows: 

§ 334.515 U.S. Marine Slip area at Blount 

Island, Jacksonville, Fla.; restricted area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR 329, 

within the area identified at the U.S. 

Marine Corps Slip (also identified as 

Back River on many nautical maps) 

located on the southeastern side of 

Blount Island, Jacksonville, Florida. The 

entrance to the U.S. Marine Corps Slip 

is described as commencing from a line 

drawn between the southwesterly most 

shore point (latitude 30°23′34′′ N., 

longitude 81°30′52′′ W.) and the 

southeasterly most shore point (latitude 

30°23′38′′ N., longitude 81°30′36′′ W.). 

(b) The regulations. (1) All persons, 

vessels, and other craft are prohibited 

from entering, transiting, anchoring, or 

drifting within the area described in 

paragraph (a) of this section for any 

reason without the permission of the 

Commanding Officer, Blount Island 

Command, Jacksonville, Florida, or his/ 

her authorized representative. The 

cognizant Captain of the Port (COTP) or 

Federal Maritime Security Coordinator 

(FMSC), in performance of Homeland 

Security responsibilities, may from time 

to time, need to investigate or cause to 

investigate incidents of national security 

with the Blount Island Command 

Restricted Area. Authority to enter the 

restricted area under mission critical 

situations is herby granted to the COTP 

or FMSC, or his representative. 

Situations that require COTP or FMSC 

to immediately access the restricted area 

shall be reported to the Commanding 

Officer, Blount Island Command as soon 

as practicable. 

(2) The restriction noted in paragraph 

(b)(1) of this section is in effect 24 hours 

a day, 7 days a week. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commanding Officer, Blount Island 

Command, Jacksonville, Florida, and/or 

such persons or agencies as he/she may 

designate. 

■ 3. Amend § 334.560 by revising 

paragraphs (a) and (b)(2) to read as 

follows: 

§ 334.560 Banana River at Patrick Air 

Force Base, Fla., restricted area. 

(a) The area. The waters within an 

area beginning at a point located at 

latitude 28°16′19′′ N., longitude 

80°36′28′′ W.; proceed west to latitude 

28°16′19′′ N., longitude 80°36′35′′ W.; 

thence, southwesterly to latitude 

28°14′34′′ N., longitude 80°37′08′′ W.; 

thence, southerly to latitude 28°12′44′′ 

N., longitude 80°37′18′′ W.; thence, east 

to latitude 28°12′44′′ N., longitude 

80°37′11′′ W. This encompasses an area 

reaching from the northern extent 

described to the southern extent 

described and extending from the mean 

high water line waterward a minimum 

distance of approximately 600 feet. 

(b) The regulations. (1) * * * 

(2) The regulations in this section 

shall be enforced by the Commander, 

45th Space Wing, Patrick Air Force 

Base, Florida, and such agencies as he/ 

she may designate. 

■ 4. Amend § 334.580 by revising 

paragraph (b) to read as follows: 

§ 334.580 Atlantic Ocean near Port 

Everglades, Fla. 

* * * * * 

(b) The regulations. (1) Anchoring, 

trawling, dredging, or attaching any 

object to the submerged sea bottom shall 

be prohibited in the above described 

area. 

(2) The regulations of this section 

shall be enforced by the Facility 

Director, Naval Surface Warfare Center, 

Detachment Dania, Florida, and such 

agencies as he/she may designate. 

■ 5. Amend § 334.610 by revising 

paragraph (a)(6) to read as follows: 

§ 334.610 Key West Harbor, at U.S. Naval 

Base, Key West, Fla.; naval restricted areas 

and danger zone. 

(a) The areas. * * * 

(6) Danger zone. All waters within an 

area along the northeast side of the 

Naval Air Station on Boca Chica Key 

defined by a line beginning at latitude 

24°35.472′ N., longitude 81°41.824′ W.; 

thence proceed in a northerly direction 

to a point at latitude 24°36.289′ N., 

longitude 81°41.437′ W.; thence proceed 

westerly to a point at latitude 24°36.392′ 

N., longitude 81°41.970′ W.; thence to a 

point on shore at latitude 24°35.698′ N., 

longitude 81°41.981′ W. 

* * * * * 

■ 6. Add § 334.635 to read as follows: 

§ 334.635 Hillsborough Bay and waters 

contiguous to MacDill Air Force Base, Fla.; 

restricted area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR 329, 

within the following boundaries. 

Commencing from the shoreline at the 

northeast portion of the base at latitude 

27°51′52.901′′ N., longitude 

82°29′18.329′′ W., thence directly to 

latitude 27°52′00.672′′ N., longitude 

82°28′51.196′′ W., thence directly to 

latitude 27°51′28.859′′ N., longitude 

82°28′10.412′′ W., thence directly to 

latitude 27°51′01.067′′ N., longitude 

82°27′45.355′′ W., thence directly to 

latitude 27°50′43.248′′ N., longitude 

82°27′36.491′′ W., thence directly to 

latitude 27°50′19.817′′ N., longitude 

82°27′35.466′′ W., thence directly to 

latitude 27°49′38.865′′ N., longitude 

82°27′43.642′′ W., thence directly to 

latitude 27°49′20.204′′ N., longitude 

82°27′47.517′′ W., thence directly to 

latitude 27°49′06.112′′ N., longitude 

82°27′52.750′′ W., thence directly to 

latitude 27°48′52.791′′ N., longitude 

82°28′05.943′′ W., thence directly to 

latitude 27°48′45.406′′ N., longitude 

82°28′32.309′′ W., thence directly to 

latitude 27°48′52.162′′ N., longitude 

82°29′26.672′′ W., thence directly to 

latitude 27°49′03.600′′ N., longitude 

82°30′23.629′′ W., thence directly to 

latitude 27°48′44.820′′ N., longitude 

82°31′10.000′′ W., thence directly to 

latitude 27°49′09.350′′ N., longitude 

82°32′24.556′′ W., thence directly to 

latitude 27°49′38.620′′ N., longitude 

82°33′02.444′′ W., thence directly to 

latitude 27°49′56.963′′ N., longitude 

82°32′45.023′′ W., thence directly to 

latitude 27°50′05.447′′ N., longitude 

82°32′48.734′′ W., thence directly to 

latitude 27°50′33.715′′ N., longitude 

82°32′45.220′′ W., thence directly to a 

point on the western shore of the base 

at latitude 27°50′42.836′′ N., longitude 

82°32′10.972′′ W. The restricted area 

will encompass an existing Danger Zone 

(§ 334.630). 

(b) The regulations. (1) All persons, 

vessels, and other craft are prohibited 

from entering, transiting, anchoring, or 

drifting within the area described in 

paragraph (a) of this section for any 

reason without the permission of the 

Commander, MacDill Air Force Base, 

Florida, or his/her authorized 

representative. 

(2) The restriction noted in paragraph 

(b)(1) of this section is in effect 24 hours 

a day, 7 days a week. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, MacDill Air Force Base, 

Florida, and/or such persons or agencies 

as he/she may designate. 

67372 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

■ 7. Revise § 334.760 to read as follows: 

§ 334.760 Naval Support Activity Panama 

City and Alligator Bayou, a tributary of St. 

Andrew Bay, Fla.; naval restricted area. 

(a) The area. The waters within an 

area beginning at a point located along 

the shore at the southern end of the 

facility designated by latitude 

30°09′45.6′′ N., longitude 85°44′20.6′′ 

W.; thence proceed 100 feet waterward 

of the mean high water line directly to 

a point at latitude 30°09′46.8′′ N., 

longitude 85°44′20.6′′ W. From this 

position the line meanders irregularly, 

following the shoreline at a minimum 

distance of 100 feet from the mean high 

water line to a point at latitude 

30°10′16.7′′ N., longitude 85°45′01.2′′ W. 

located east of the south side of the 

entrance to Alligator Bayou; thence 

directly across the entrance to a point at 

latitude 30°10′23.4′′ N., longitude 

85°45′05.7′′ W. located east of the north 

side of the entrance to Alligator Bayou; 

thence continuing the northerly 

meandering, following the shoreline at a 

minimum distance of 100 feet from the 

mean high water line to a point at 

latitude 30°11′11.3′′ N., longitude 

85°45′02.8′′ W.; thence directly to the 

shoreline to a point at latitude 

30°11′12.3′′ N., longitude 85°45′03.2′′ W. 

This encompasses an area reaching from 

the southern extent described to the 

northern extent described and extending 

from the mean high water line 

waterward a minimum distance of 

approximately 100 feet. 

(b) The regulations. (1) No vessel, 

person, or other craft shall enter, transit, 

anchor, drift or otherwise navigate 

within the area described in paragraph 

(a) of this section for any reason without 

written permission from the Officer in 

Charge, Naval Support Activity Panama 

City, Panama City Beach, Florida, or 

his/her authorized representative. 

(2) The restriction noted in paragraph 

(b)(1) of this section is in effect 24 hours 

a day, 7 days a week. 

(3) The regulations in this section 

shall be enforced by the Officer in 

Charge, Naval Support Activity Panama 

City, Panama City Beach Florida, and 

such agencies as he/she may designate. 

■ 8. Revise § 334.775 to read as follows: 

§ 334.775 Naval Air Station Pensacola, 

Pensacola Bay, Pensacola and Gulf Breeze, 

Fla.; naval restricted area. 

(a) The areas. (1) Bounded by a line 

drawn in the direction of 180° T from 

the position latitude 30°20′44′′ N., 

longitude 87°17′18′′ W. (near the Naval 

Air Station, due south of the Officer′s 

Club) to position latitude 30°20′09′′ N., 

longitude 87°17′18′′ W. thence 94° T to 

position latitude 30°20′07′′ N., longitude 

87°16′41′′ W., thence 49° T to position 

latitude 30°20′37′′ N., longitude 

87°16′01′′ W. (southwest end of 

Lexington finger pier), thence along the 

shoreline to point of origin. 

(2) The waters within an area 

enclosed by the following points: 

Beginning at latitude 30°21.58′ N., 

longitude 87°12.49′ W.; thence to 

latitude 30°20.25′ N., longitude 

87°11.00′ W.; thence to latitude 

30°20.28′ N., longitude 87°14.27′ W.; 

thence to the point of beginning. This 

encompasses a large triangular area 

north of Santa Rosa Island and west of 

the land area between Fair Point and 

Deer Point. 

(b) The restrictions. (1) The area 

described in paragraph (a)(1) of this 

section will normally be in use Monday 

through Wednesday between 8 a.m. and 

4 p.m. and one evening from 4 p.m. 

until 8 p.m., every other week. 

(2) The area described in paragraph 

(a)(2) of this section will normally be 

utilized Wednesday through Friday 

between 8 a.m. and 4 p.m. for parasail 

operations. 

(3) During those times that specific 

missions, exercises, or training 

operations are being conducted, the U.S. 

Navy vessels and/or crafts designated as 

essential to the operation(s) by proper 

U.S. Navy authority shall have the 

rights-of-way. All other vessels and 

crafts are required to keep clear of and 

remain 300 yards from all naval vessels 

engaged in said operations. 

Approaching within 300 yards of 

vessels and/or crafts while they are 

engaged in operations and/or training 

exercises is prohibited. 

(4) Vessel traffic through the restricted 

area will remain open during operations 

and/or exercises; however, mariners 

shall exercise extreme caution and be on 

the lookout for swimmers, small craft 

and helicopters when transiting the 

area. It should be presumed by all 

mariners that Navy operations and/or 

exercises are being conducted whenever 

military craft and/or helicopters are 

operating within the restricted area. 

(5) Any problems encountered 

regarding Navy operations/exercises 

within the restricted area should be 

addressed to ‘‘Navy Pensacola 

Command’’ on Channel 16 (156.6 MHz) 

for resolution and/or clarification. 

(6) The regulations in this section 

shall be enforced by the Commander of 

the Naval Air Station, Pensacola, 

Florida, and such agencies as he/she 

may designate. 

■ 9. Amend § 334.778 by revising 

paragraph (b) to read as follows: 

§ 334.778 Pensacola Bay and the waters 

contiguous to Naval Air Station, Pensacola, 

FL; restricted area. 

* * * * * 

(b) The regulations. (1) All persons, 

vessels, and other craft are prohibited 

from entering the waters described in 

paragraph (a) of this section for any 

reason. All vessels and craft, including 

pleasure vessels and craft (sailing, 

motorized, and/or rowed or selfpropelled), private and commercial 

fishing vessels, other commercial 

vessels, barges, and all other vessels and 

craft, except vessels owned or operated 

by the United States and/or a Federal, 

State, or local law enforcement agency 

are restricted from transiting, anchoring, 

or drifting within the above described 

area, or within 500 feet of any quay, 

pier, wharf, or levee along the Naval Air 

Station Pensacola shoreline abutting, 

nor may such vessels or crafts or 

persons approach within 500 feet of any 

United States owned or operated vessel 

transiting, anchored, or moored within 

the waters described in paragraph (a) of 

this section. The Commanding Officer, 

Naval Air Station Pensacola, or his/her 

designee, or the Commanding Officer of 

a vessel of the United States operating 

within the said area, may grant special 

permission to a person, vessel, or craft 

to enter upon the waters subject to the 

restrictions aforementioned. 

(2) The existing ‘‘Navy Channel’’

adjacent to the north shore of Magazine 

Point, by which vessels enter and egress 

Bayous Davenport and Grande into 

Pensacola Bay shall remain open to all 

craft except in those extraordinary 

circumstances where the Commanding 

Officer, N.A.S. or his/her designee 

determines that risk to the installation, 

its personnel, or property is so great and 

so imminent that closing the channel to 

all but designated military craft is 

required for security reasons, or as 

directed by higher authority. This 

section will not preclude the closure of 

the channel as part of a security 

exercise; however, such closures of said 

channel will be limited in duration and 

scope to the maximum extent so as not 

to interfere with the ability of private 

vessels to use the channel for navigation 

in public waters adjacent thereto not 

otherwise limited by this regulation. 

(3) The regulations in this section 

shall be enforced by the Commanding 

Officer of the Naval Air Station, 

Pensacola, Florida, and such agencies 

he/she may designate. 

■ 10. Amend § 334.780 by revising 

paragraph (b) to read as follows: 

§ 334.780 Naval Air Station Pensacola, 

Pensacola, FL; restricted area. 

* * * * * 

Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 67373 

(b) The regulations. (1) The area is 

established as a Naval Air Station small 

boat operations and training area. 

(2) All persons, vessels, and other 

craft are prohibited from entering the 

waters described in paragraph (a) of this 

section for any reason. All vessels and 

craft, including pleasure vessels and 

craft (sailing, motorized, and/or rowed 

or self-propelled), private and 

commercial fishing vessels, other 

commercial vessels, barges, and all 

other vessels and craft, except vessels 

owned or operated by the United States 

and/or a Federal, State, or local law 

enforcement agency are restricted from 

entering, transiting, anchoring, drifting 

or otherwise navigating within the area 

described in paragraph (a) of this 

section. 

(3) The regulations in this section 

shall be enforced by the Commanding 

Officer, Naval Air Station Pensacola 

and/or such persons or agencies he/she 

may designate. 

Dated: November 1, 2005. 

Gerald W. Barnes, 

Chief, Operations Division, Directorate of 

Civil Works. 

[FR Doc. 05–22049 Filed 11–4–05; 8:45 am] 

BILLING CODE 3710–92–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 673, 674, 675, and 676 

Federal Perkins Loan, Federal WorkStudy, Federal Supplemental 

Educational Opportunity Grant 

Programs, and the General Provisions 

for These Programs 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice regarding reallocation of 

campus-based aid and waivers of 

statutory and regulatory provisions 

pursuant to the Natural Disaster Student 

Aid Fairness Act, Public Law 109–86. 

SUMMARY: The Natural Disaster Student 

Aid Fairness Act (Aid Fairness Act), 

Public Law 109–86, signed by the 

President on October 7, 2005, provides, 

in part, that the Secretary must 

reallocate unexpended Federal Perkins 

Loan (Perkins), Federal Work-Study 

(FWS), and Federal Supplemental 

Educational Opportunity Grant (FSEOG) 

program funds (campus-based funds) to 

institutions of higher education that are 

located in areas affected by Hurricane 

Katrina or Hurricane Rita or that have 

enrolled eligible students who were 

affected by Hurricane Katrina or 

Hurricane Rita. In this notice, we 

announce the reallocation process for 

institutions of higher education that 

have enrolled students affected by 

Hurricane Katrina or Hurricane Rita and 

waivers or modifications of relevant 

statutory and regulatory provisions. We 

will be addressing the reallocation of 

additional campus-based funds for 

institutions that are located in an area 

affected by a Gulf hurricane disaster 

through a separate process. 

FOR FURTHER INFORMATION CONTACT: John 

Kolotos, U.S. Department of Education, 

400 Maryland Avenue, SW., UCP, room 

113F2, Washington, DC 20202. 

Telephone: (202) 377–4027, FAX: (202) 

275–4552, or by e-mail at 

john.kolotos@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternate 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the program contact person 

listed in this section. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 2(b) of the Aid Fairness Act 

requires the Secretary to reallocate to 

certain eligible institutions of higher 

education (institutions) any 

unexpended campus-based funds from 

the 2004–2005 award year as 

supplemental allocations for the 2005–

2006 award year. An institution is 

eligible to receive a reallocation if the 

institution participates in the program 

for which excess allocations are being 

reallocated and (1) is located in an area 

affected by a Gulf hurricane disaster or 

(2) has accepted for enrollment any 

affected students, as defined in the 

following paragraph, in academic year 

2005–2006. The Aid Fairness Act 

further authorizes the Secretary to 

determine the manner in which excess 

allocations will be reallocated and 

authorizes the Secretary to waive or 

modify any statutory or regulatory 

provisions relating to reallocations. 

The Aid Fairness Act defines an 

affected student as an individual who 

has applied for, or received, student 

financial assistance under title IV of the 

Higher Education Act of 1965, as 

amended (HEA), and who (1) was 

enrolled or accepted for enrollment, as 

of August 29, 2005, at an institution in 

an area affected by a Gulf hurricane 

disaster; (2) was a dependent student 

enrolled or accepted for enrollment at 

an institution that is not in an area 

affected by a Gulf hurricane disaster, but 

whose parents resided or were 

employed, as of August 29, 2005, in an 

area affected by a Gulf hurricane 

disaster; or (3) suffered direct economic 

hardship as a direct result of a Gulf 

hurricane disaster, as determined by the 

Secretary. 

An area affected by a Gulf hurricane 

disaster is any county or parish in 

Alabama, Louisiana, Mississippi, and 

Texas declared by FEMA as Major 

Disaster Areas designated for Individual 

Assistance. A listing of those counties 

and parishes is posted on the 

Department’s ‘‘Information for Financial 

Aid Professionals’’ (IFAP) Web site at 

http://www.ifap.ed.gov. 

Reallocation for Institutions Enrolling 

Affected Students 

In this notice, we are addressing the 

reallocation of campus-based funds for 

only those institutions that participate 

in at least one of the campus-based 

programs and that accepted affected 

students for enrollment in academic 

year 2005–2006, including institutions 

located in an area affected by a Gulf 

hurricane disaster that enrolled affected 

students. We will be addressing the 

reallocation of additional campus-based 

funds for institutions that participate in 

at least one of the campus-based 

programs and that are located in an area 

affected by a Gulf hurricane disaster 

through a separate process. 

Criteria for Determining Economic 

Hardship 

As provided in the Aid Fairness Act 

in the definition of ‘‘affected student,’’

the Secretary has determined that a 

student has ‘‘suffered direct economic 

hardship as a direct result of a Gulf 

hurricane disaster’’ if the student (or if 

a dependent student, the student’s 

parents) lost a domicile, income, or 

other means of support as a result of a 

Gulf hurricane disaster. 

Procedures for Reallocation of CampusBased Funds 

Institutions that participate in at least 

one of the campus-based programs and 

that have accepted for enrollment any 

affected students may submit a request 

to the Secretary for reallocation of 

excess campus-based funds, using the 

Reallocation Request Form described 

below. We will be sending to 

institutions that participate in one or 

more of the campus-based programs an 

e-mail message that will include, as an 

attachment, a Reallocation Request 

Form. Any of these institutions that 

have enrolled affected students and are 

requesting reallocation of funds must 

complete this form and submit it to the 

Department via FAX at the number that 

will be included in the e-mail message. 

The e-mail message also will specify the 

deadline date by which requests must