1262 Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Rules and Regulations

IV. Service of Process (CSOSA and PSA,

except for PSA subpoenas)

Office of the General Counsel, Court Services

and Offender Supervision Agency for the

District of Columbia, 633 Indiana Avenue,

NW., Washington, DC 20004

V. Tort Claims (CSOSA and PSA)

Office of the General Counsel, Court Services

and Offender Supervision Agency for the

District of Columbia, 633 Indiana Avenue,

NW., Washington, DC 20004

[FR Doc. 01–395 Filed 1–5–01; 8:45 am]

BILLING CODE 3129–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–00–029]

RIN 2115–AE47

Drawbridge Operating Regulation;

Mississippi River, Iowa and Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary deviation.

SUMMARY: The Commander, Eighth

Coast Guard District, has authorized a

deviation from the regulation governing

the Burlington Railroad Drawbridge,

Mile 403.1, Upper Mississippi River at

Burlington, Iowa. This deviation allows

the drawbridge to remain closed-tonavigation for 60 days from 12:01 a.m.,

December 31, 2000, until 12:01 a.m.,

March 1, 2001. The drawbridge will

open on signal if at least six (6) hours

advance notice is given.

DATES: This temporary deviation is

effective from 12:01 a.m., December 31,

2000, until 12:01 a.m., March 1, 2001.

FOR FUTHER INFORMATION CONTACT: Roger

K. Wiebusch, Bridge Administrator,

Commander (obr), Eighth Coast Guard

District, 1222 Spruce Street, St. Louis,

MO 63103–2832, (314) 539–3900,

extension 378.

SUPPLEMENTARY INFORMATION: The

Burlington Railroad Drawbridge

provides a vertical clearance of 21.5 feet

above normal pool in the closed to

navigation position. Navigation on the

waterway consists primarily of

commercial tows and recreational

watercraft. This deviation has been

coordinated with waterway users who

do not object.

This deviation allows the bridge to

remain closed-to-navigation from 12:01

a.m., December 31, 2000, to 12:01 a.m.,

March 1, 2001, with openings provided

upon receipt of six (6) hours advance

notice. Advance notice may be given by

calling Mr. Al Poole, (309) 345–6103

during work hours and Mr. Larry Moll,

(309) 752–5244, after hours. The

drawbridge normally opens on signal.

Dated: December 28, 2000

K.J. Eldridge,

Captain, U.S. Coast Guard, Acting

Commander, Eighth Coast Guard District.

[FR Doc. 01–436 Filed 1–5–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF EDUCATION

34 CFR Part 606

Developing Hispanic-Serving

Institutions Program

AGENCY: Office of Postsecondary

Education, Department of Education.

ACTION: Final regulations.

SUMMARY: When we published final

regulations for the Developing HispanicServing Institutions (HSI) Program in

the Federal Register of December 15,

1999, it appears that one of the

regulatory provisions, dealing with the

eligibility of branch campuses to receive

grants, could be viewed in a manner

that would result in an unintended

change of policy. To rectify this

problem, we are revising that regulation

to more clearly reflect our long standing

policy that a branch campus is eligible

to apply for an HSI grant if the branch

campus serves the appropriate number

of Hispanic students even if the main

campus does not.

DATES: These regulations are effective

February 7, 2001.

FOR FURTHER INFORMATION CONTACT:

Sophia McArdle, U.S. Departmnet of

Education, 1990 K Street, NW., Room

6061, Washington, DC 20006–8512.

Telephone: (202) 219–7078. If you use a

telecommunications device for the deaf

(TDD), you may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339.

Individuals with disabilities may

obtain this document in an alternative

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

audiotape, or computer diskette) on

request to the contact person listed

under FOR FURTHER INFORMATION

CONTACT.

SUPPLEMENTARY INFORMATION:

Background

The Higher Education Amendments

of 1992, Pub. Law 102–325, amended

the Higher Education Act of 1965, as

amended (HEA), by adding the

Developing Hispanic ServingInstitutions (HSI) Program as an

authorized program under Title III, Part

A of the HEA. The HSI Program was

authorized in section 316 of Title III of

the HEA.

Under section 316, in general, an HSI

institution was an institution that

satisfied the statutory definition of an

‘‘eligible institution’’ contained in

section 312 of the HEA, and had at least

25 percent of its enrollment consist of

Hispanic students. An eligible

institution under section 312 of the HEA

basically satisfied four conditions. Two

of the conditions related to accreditation

and licensure. The other two required

the institution to have a high percentage

of low income students and low

education and general (E&G)

expenditures.

Under section 312, a branch campus

of an eligible institution also qualified

as an eligible institution if its main

campus satisfied all four conditions and

it, on its own, satisfied the last two.

Regulations that we promulgated to

implement these institutional eligibility

requirements were codified in 34 CFR

607.2(b) and (d). The regulations did not

specifically address whether the main

campus of a branch campus that applied

for an HSI Program grant had to satisfy

the Hispanic student enrollment

requirement. However, it was the

Department’s policy that a main campus

did not have to qualify as an eligible

HSI institution in terms of student

enrollment if the branch campus is

qualified.

In the Higher Education Amendments

of 1998, Public Law 105–244, the

Congress moved the HSI Program into

Title V of the HEA and reenacted, in

that title, all the relevant provisions that

governed that program while it was part

of Title III of the HEA. To accommodate

that statutory change, we codified all

the HSI Program requirements in a new

part, 34 CFR Part 606. The

recodification was technical in nature

and did not involve any change in

policy. Therefore, when we published

Part 606 in the Federal Register on

December 15, 1999, we waived

rulemaking. However, it has recently

come to our attention that one of the

recodified regulatory provisions has

been read by some as though it, in fact,

made a change in policy. That provision

was § 606.2(b), relating to the eligibility

of a branch campus to qualify as an

eligible HSI institution.

As presently written, it could be

viewed that in order for a branch

campus to qualify as an eligible HSI

institution, it and its main campus must

have an enrollment of at least 25 percent

Hispanic students. As described above,

however, such a reading would be

inconsistent with the Department’s

policy that the main campus does not

have to satisfy that requirement along

Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Rules and Regulations 1263

with the branch campus. Therefore, we

are revising § 602.2(b) to more clearly

reflect the Department’s long-standing

policy.

Waiver of Proposed Rulemaking

Under the Administrative Procedure

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

generally offers interested parties the

opportunity to comment on proposed

regulations. However, these regulations

merely clarify statutory changes and do

not establish or effect substantive

policy. Therefore, under 5 U.S.C.

553(b)(8), the Secretary has determined

that proposed regulations are

unnecessary and contrary to public

interest.

Regulatory Flexibility Act Certification

The Secretary certifies that these

regulations would not have a significant

economic impact on a substantial

number of small entities.

The small entities that would be

affected by these regulations are small

institutions of higher education (IHEs)

receiving Federal funds under this

program. However, the regulations

would not have a significant economic

impact on the small IHEs affected

because the regulations would not

impose excessive regulatory burdens or

require unnecessary Federal

supervision. The regulations would

impose minimal requirements to ensure

the proper expenditure of program

funds.

Paperwork Reduction Act of 1995

These final regulations do not contain

any information collection

requirements.

Electronic Access to this Document

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register, in text or Adobe Portable

Document Format (PDF) on the Internet

at either of the following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use PDF, you must have Adobe

Acrobat Reader which is available free

at either of the previous sites. If you

have questions about using PDF, call the

U.S. Government Printing Office (GPO),

toll free, at 1–888–293–6498; or in the

Washington, DC area at (202) 512–1530.

Note: 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 on GPO

Access at:

http://www.access.gpo.gov/nara/

index.html

(Catalog of Federal Domestic Assistance

Numbers: 84.031S, 84.031A, and 84.031B)

List of Subjects in 34 CFR Part 606

Colleges and universities, Grant

programs-education, Reporting and

recordkeeping requirements.

Dated: December 29, 2000.

A. Lee Fritschler

Assistant Secretary, Office of Postsecondary

Education.

For the reasons discussed in the

preamble, the Secretary amends Title 34

of the Code of Federal Regulations by

amending part 606 as follows:

PART 606—DEVELOPING HISPANICSERVING INSTITUTIONS PROGRAM

1. The authority citation for part 606

continues to read as follows:

Authority: 20 U.S.C. 1101 et seq., unless

otherwise noted.

2. Section 606.2 is amended by

revising paragraph (b) to read as follows:

§ 606.2 What institutions are eligible to

receive a grant under the Developing

Hispanic-Serving Institutions Program?

* * * * *

(b) A branch campus of a HispanicServing institution is eligible to receive

a grant under this part if—

(1) The institution as a whole meets

the requirements of paragraphs (a)(3)

through (a)(6) of this section; and (2)

The branch campus satisfies the

requirements of paragraphs (a)(1)

through (a)(4) of this section.

* * * * *

[FR Doc. 01–430 Filed 1–5–01; 8:45 am]

BILLING CODE 4000–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6928–2]

RIN 2060–AH96

National Emission Standards for

Hazardous Air Pollutants from Off-Site

Waste and Recovery Operations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical corrections

and amendments.

SUMMARY: Under the Clean Air Act

(CAA), the EPA promulgated the

National Emission Standards for

Hazardous Air Pollutants (NESHAP)

from Off-Site Waste and Recovery

Operations (OSWRO) on July 1, 1996

with subsequent amendments on July

20, 1999. The promulgated rule requires

new and existing major sources to

control emissions of hazardous air

pollutants (HAP) to the level reflecting

application of the maximum achievable

control technology. The technical

corrections and minor technical

amendments in this action will not

change the basic control requirements of

the rule or the level of health protection

it provides.

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary, or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. We

have determined that there is good

cause for making today’s rule final

without prior proposal and opportunity

for comment because the changes to the

rule are minor technical corrections, are

noncontroversial in nature, and do not

substantively change the requirements

of the OSWRO rule. Thus, notice and

public procedure are unnecessary. We

find that this constitutes good cause

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

Section 553(d)(3) allows an agency,

upon finding good cause, to make a rule

effective immediately. Because today’s

changes do not substantively change the

requirements of the OSWRO rule, we

find good cause to make these

amendments effectively immediately.

EFFECTIVE DATE: January 8, 2001.

ADDRESSES: Docket No. A–92–16

contains the supporting information for

the original OSWRO NESHAP and this

action. The docket is located at the U.S.

EPA in room M–1500, Waterside Mall

(ground floor), 401 M Street SW,

Washington, DC 20460, and may be

inspected from 8:00 a.m. to 5:30 p.m.,

Monday through Friday, excluding legal

holidays. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Ms.

Elaine Manning, Waste and Chemical

Processes Group, Emission Standards

Division (MD–13), U.S. EPA, Research

Triangle Park, NC, 27711, telephone

number (919) 541–5499, facsimile

number (919) 541–0246, electronic mail

address manning.elaine@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated

Entities. Entities potentially regulated

by this action include the following

types of facilities if the facility receives

‘‘off-site material’’ as defined in the rule,

and the facility is determined to be a

major source of emissions of HAP as

defined in 40 CFR 63.2.