39362 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 a safety 

zone lasting for 10 hours on 2 days, 

during daylight hours and restricts 

transit on a section of the Kaskaskia 

River extending 2 miles. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

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; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0521 to read as 

follows: 

§ 165.T08–0521 Safety Zone; Kaskaskia 

River, Evansville, IL. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Kaskaskia River between MM 9.0 and 

MM 11.0, Evansville, IL. 

(b) Definitions. As used in this 

section, a ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Upper Mississippi River 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or a designated representative. 

(2) To request entry into the safety 

zone, contact the COTP or a designated 

representative via VHF–FM channel 16, 

or Coast Guard Sector Upper 

Mississippi River by telephone at 314– 

269–2332. Those persons authorized to 

be in the safety zone must comply with 

all lawful orders or directions given to 

them by the COTP or a designated 

representative. 

(d) Enforcement period. This section 

will be enforced each day from 8 a.m. 

through 6 p.m. on September 16 and 17, 

2017. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the safety zone. 

Dated: August 15, 2017. 

Scott A. Stoermer, 

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

Port Upper Mississippi River. 

[FR Doc. 2017–17512 Filed 8–17–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 668 

[Docket ID ED–2017–OPE–0090] 

Program Integrity: Gainful Employment 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Announcement of applicable 

dates; request for comments. 

SUMMARY: The Department, in this 

document, establishes new deadlines for 

submitting notices of intent to file 

alternate earnings appeals and for 

submitting alternate earnings appeals. 

The Department also announces 

additional information that will be 

considered when evaluating alternate 

earnings appeals. 

DATES: We must receive comments on or 

before September 18, 2017. 

The deadline to submit a notice of 

intent to file an alternate earnings 

appeal is October 6, 2017. The deadline 

to file an alternate earnings appeal is 

February 1, 2018. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via U.S. mail, commercial delivery, or 

hand delivery. We will not accept 

comments by fax or by email or those 

submitted after the comment period. To 

ensure that we do not receive duplicate 

copies, please submit your comments 

only once. In addition, please include 

the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to this site?’’ 

• U.S. Mail, Commercial Delivery, or 

Hand Delivery: If you mail or deliver 

your comments, address them to Scott 

Filter, U.S. Department of Education, 

400 Maryland Ave. SW., Room 6W253, 

Washington, DC 20202. 

Privacy Note: The Department’s 

policy for comments received from 

members of the public (including 

comments submitted by mail, 

commercial delivery, or hand delivery) 

is to make these submissions available 

for public viewing in their entirety on 

the Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available on the internet. 

FOR FURTHER INFORMATION CONTACT: 

Scott Filter, U.S. Department of 

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Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 39363 

Education, 400 Maryland Ave. SW., 

Room 6W253, Washington, DC 20202. 

Telephone: (202) 453–7249 or by email 

at: Scott.Filter@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: On 

January 6, 2017, the Department 

announced dates by which institutions 

subject to the Department’s gainful 

employment (GE) regulations must 

comply with certain provisions of the 

GE regulations relating to the 

submission of alternate earnings 

appeals. On June 15, 2017, the 

Department announced its intention to 

negotiate issues related to gainful 

employment. On July 5, 2017, the 

Department announced that it would 

publish a Federal Register document to 

establish a new deadline for institutions 

to submit alternate earnings appeals in 

light of the Court Order in American 

Association of Cosmetology Schools v. 

DeVos, Civil Action No. 17–0263, D.D.C. 

June 28, 2017 (Court Order). 

The Department establishes October 

6, 2017, as the deadline for all programs 

to file a notice of intent to file alternate 

earnings appeal. The Department 

establishes February 1, 2018, as the 

deadline for all programs to file an 

alternate earnings appeal. However, 

programs are encouraged to submit their 

appeals before this deadline. These 

deadlines and the associated timelines 

are being established on a one-time 

basis to comply with the Court Order. 

Although the Court Order only applies 

to institutions that are members of the 

American Association of Cosmetology 

Schools, the Court noted concerns with 

the response threshold required for the 

graduate surveys used for all programs 

in the alternate earnings appeal under 

34 CFR 668.406, and the Department is 

establishing these new deadlines for all 

programs subject to the GE regulations 

in 34 CFR part 668. Institutions that 

have already submitted a notice of 

intent to file an alternate earnings 

appeal, or an alternate earnings appeal, 

do not have to resubmit those items or 

amend their alternate earnings appeal in 

connection with the modified 

submission requirements described 

below. Institutions that wish to 

supplement an alternate earnings appeal 

that has already been submitted may do 

so, and should contact Department staff 

to make those arrangements on or before 

October 6, 2017. 

To further comply with the Court 

Order, for alternate earnings appeals 

based on a graduate survey, the 

Department will not enforce 

§ 668.406(b)(3) or (c) to the extent these 

provisions require that a graduate 

survey contain responses from all 

students that are not exempted under 

§ 668.404(e), nor will the Department 

require a 50 percent threshold response 

rate. Instead, the Department will 

evaluate all graduate surveys, regardless 

of response rate, provided the 

submissions include the number of 

responses, the response rate, and a 

nonresponse bias analysis, as well as 

any other information the Department 

requests. The Department will consider 

the response rate, the nonresponse bias 

analysis, and any other information 

requested by the Secretary that indicates 

that the responses are a reliable measure 

of the program graduates’ true earnings. 

Furthermore, for alternate earnings 

appeals based on data from Statesponsored data systems, the Department 

will not enforce § 668.406(b)(3) or (d) to 

the extent these provisions require that 

an appeal include earnings data for all 

students that are not exempted under 

§ 668.404(e), nor will the Department 

enforce § 668.406(d) to the extent that 

provision requires a 50 percent 

threshold to be met, or the earnings of 

30 students to be included, before the 

Department will consider an alternate 

earnings appeal. Instead, the 

Department will consider the validity of 

appeals using State-sponsored data on a 

case-by-case basis, taking into account 

the response rate and other information 

requested by the Secretary. 

In modifying the alternate appeals 

submission requirements, the 

Department seeks to reduce the burden 

on institutions in conducting these 

appeals while still ensuring that 

institutions provide enough information 

for the Department to determine 

whether the program graduates for 

whom alternate earnings data are 

provided are a valid representation of 

the overall cohort. Institutions must still 

submit the certifications and attestations 

required by § 668.406(c)(2) and (d)(3), as 

applicable, except to the extent 

inconsistent with anything in this 

document. 

Institutions intending to file a notice 

of intent to appeal do not have to issue 

warnings to students unless they fail to 

timely submit an alternate earnings 

appeal or the appeal is resolved. 

We invite your comments on this 

action. We will consider these 

comments in determining whether to 

take any future action in connection 

with the upcoming negotiated 

rulemaking. 

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 Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this 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 of this site, you can limit 

your search to documents published by 

the Department. 

Dated: August 14, 2017. 

Betsy DeVos, 

Secretary of Education. 

[FR Doc. 2017–17423 Filed 8–17–17; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170104016–7732–02] 

RIN 0648–XF138 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Approval of Modifications to a 

Regulatory Exemption for Groundfish 

Sectors 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: Through this action, NMFS 

approves a change to a regulatory 

exemption for sector vessels in the 

Northeast multispecies fishery for 

fishing years 2017 and 2018. This action 

is necessary to respond to a request from 

sectors to change a previously approved 

exemption. The change is intended to 

increase the use of the sector exemption, 

which allows sector vessels to combine 

small-mesh exempted fishing trips and 

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