83_FR_33304 83 FR 33167 - Title I-Improving the Academic Achievement of the Disadvantaged-Supplement Not Supplant; Withdrawal

83 FR 33167 - Title I-Improving the Academic Achievement of the Disadvantaged-Supplement Not Supplant; Withdrawal

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range33167-33168
FR Document2018-15259

The U.S. Department of Education (Department) is withdrawing the notice of proposed rulemaking (NPRM) pertaining to the supplement not supplant requirements under title I, part A of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA).

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33167-33168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15259]


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DEPARTMENT OF EDUCATION

34 CFR Part 200

RIN 1810-AB33
[Docket ID: ED-2016-OESE-0056]


Title I--Improving the Academic Achievement of the Disadvantaged-
Supplement Not Supplant; Withdrawal

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Education (Department) is withdrawing 
the notice of proposed rulemaking (NPRM) pertaining to the supplement 
not supplant requirements under title I, part A of the Elementary and 
Secondary Education Act of 1965 (ESEA), as amended by the Every Student 
Succeeds Act (ESSA).

DATES: As of July 17, 2018, the proposed regulations published on 
September 6, 2016, at 81 FR 61148 are withdrawn.

FOR FURTHER INFORMATION CONTACT: Patrick Rooney, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W202, Washington, DC 20202. 
Telephone: (202) 453-5514. Email: patrick.rooney@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: Section 1118(b)(2) of the ESEA, as amended 
by

[[Page 33168]]

the ESSA, contains a new provision for demonstrating compliance with 
the title I, part A supplement not supplant requirement. Pursuant to 
section 1601(b)(3)(A) of the ESEA, prior to issuing any regulations 
that implement the supplement not supplant requirement, the Department 
must engage in negotiated rulemaking. The Department conducted 
negotiated rulemaking on draft supplement not supplant regulations in 
spring 2016 but the negotiating committee did not reach consensus.
    Subsequently, on September 6, 2016, the Department published in the 
Federal Register an NPRM (81 FR 61148) proposing regulations relating 
to the supplement not supplant requirement in title I, part A of the 
ESEA, as amended by the ESSA. In January 2017, the Department announced 
that it would not publish final regulations on this requirement. As a 
result, the Department withdraws its NPRM. We note that this is 
considered a deregulatory action under Executive Order 13771. Because 
the Department did not publish final regulations, this withdrawal will 
have no effect on existing regulations, which do not include provisions 
implementing the title I, part A supplement not supplant requirement.
    Accessible Format: Individuals with disabilities can obtain this 
document and the NPRM in an accessible format (e.g., braille, large 
print, audiotape, or compact disc) on request to the 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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.thefederalregister.org/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 at this site, you can limit your search to documents published 
by the Department.

    Dated: July 12, 2018.
Frank Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2018-15259 Filed 7-16-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                                          Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules                                                 33167

                                                 involves the establishment of a                          you go to the online docket and sign up               as well as the following regulations,
                                                 temporary safety zone extending 150                      for email alerts, you will be notified                apply:
                                                 yards around a bridge to complete                        when comments are posted or a final                     (1) No person or vessel may enter or
                                                 emergency repairs to the S99 Alford                      rule is published.                                    remain in this safety zone without the
                                                 Street Bridge during a seven month                                                                             permission of the COTP Boston or the
                                                                                                          List of Subjects in 33 CFR Part 165                   COTP’s designated representatives.
                                                 period when boating traffic is minimal
                                                 on the Mystic River. Normally such                         Harbors, Marine safety, Navigation                  However, any person or vessel
                                                 actions are categorically excluded from                  (water), Reporting and recordkeeping                  permitted to enter the safety zone must
                                                 further review under paragraph L60(a)                    requirements, Security measures,                      comply with the directions and orders
                                                 of Appendix A, Table 1 of DHS                            Waterways.                                            of the COTP Boston or the COTP’s
                                                 Instruction Manual 023–01–001–01,                          For the reasons discussed in the                    designated representatives.
                                                 Rev. 01. A preliminary Record of                         preamble, the Coast Guard proposes to                   (2) To obtain permission required by
                                                 Environmental Consideration                              amend 33 CFR part 165 as follows:                     this regulation, individuals may reach
                                                 supporting this determination is                                                                               the COTP Boston or a COTP designated
                                                 available in the docket where indicated                  PART 165—REGULATED NAVIGATION                         representative via Channel 16 (VHF–
                                                 under ADDRESSES. We seek any                             AREAS AND LIMITED ACCESS AREAS                        FM) or 617–223–5757 (Sector Boston
                                                 comments or information that may lead                                                                          Command Center).
                                                                                                          ■ 1. The authority citation for part 165                (3) Penalties. Those who violate this
                                                 to the discovery of a significant
                                                                                                          continues to read as follows:                         section are subject to the penalties set
                                                 environmental impact from this
                                                 proposed rule.                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           forth in 33 U.S.C. 1232.
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Dated: July 11, 2018.
                                                 G. Protest Activities                                    Department of Homeland Security Delegation
                                                                                                          No. 0170.1.                                           Eric. J. Doucette,
                                                   The Coast Guard respects the First                                                                           Captain, U.S. Coast Guard Captain of the
                                                 Amendment rights of protesters.                          ■ 2. Add a new § 165.T01–0343 to read
                                                                                                                                                                Port Boston.
                                                 Protesters are asked to contact the                      as follows:
                                                                                                                                                                [FR Doc. 2018–15183 Filed 7–16–18; 8:45 am]
                                                 person listed in the FOR FURTHER                         § 165.T01–0343 Safety Zone, S99 Alford                BILLING CODE 9110–04–P
                                                 INFORMATION CONTACT section to                           Street Bridge—Emergency Grid
                                                 coordinate protest activities so that your               Replacement Project, Mystic River,
                                                 message can be received without                          Charlestown and Everett MA.
                                                                                                                                                                DEPARTMENT OF EDUCATION
                                                 jeopardizing the safety or security of                      (a) Location. The following area is a
                                                 people, places, or vessels.                              safety zone: All navigable waters of the              34 CFR Part 200
                                                 V. Public Participation and Request for                  Mystic River between Charlestown and
                                                                                                          Everett, Massachusetts from surface to                RIN 1810–AB33
                                                 Comments
                                                                                                          bottom, within 150-yards of the S99                   [Docket ID: ED–2016–OESE–0056]
                                                    We view public participation as                       Alford Street Bridge, at mile 1.4 on the
                                                 essential to effective rulemaking, and                   Mystic River between Charlestown and                  Title I—Improving the Academic
                                                 will consider all comments and material                  Everett, Massachusetts.                               Achievement of the Disadvantaged-
                                                 received during the comment period.                         (b) Definitions. As used in this                   Supplement Not Supplant; Withdrawal
                                                 Your comment can help shape the                          section—
                                                 outcome of this rulemaking. If you                          Designated representative means any                AGENCY:  Office of Elementary and
                                                 submit a comment, please include the                     Coast Guard commissioned, warrant,                    Secondary Education, Department of
                                                 docket number for this rulemaking,                       petty officer, or any federal, state, or              Education.
                                                 indicate the specific section of this                    local law enforcement officer who has                 ACTION: Proposed rule; withdrawal.
                                                 document to which each comment                           been designated by the Captain of the                 SUMMARY:   The U.S. Department of
                                                 applies, and provide a reason for each                   Port (COTP) Boston, to act on his or her              Education (Department) is withdrawing
                                                 suggestion or recommendation.                            behalf. The designated representative                 the notice of proposed rulemaking
                                                    We encourage you to submit                            may be on an official patrol vessel or                (NPRM) pertaining to the supplement
                                                 comments through the Federal                             may be on shore and will communicate                  not supplant requirements under title I,
                                                 eRulemaking Portal at http://                            with vessels via VHF–FM radio or                      part A of the Elementary and Secondary
                                                 www.regulations.gov. If your material                    loudhailer. In addition, members of the               Education Act of 1965 (ESEA), as
                                                 cannot be submitted using http://                        Coast Guard Auxiliary may be present to               amended by the Every Student Succeeds
                                                 www.regulations.gov, contact the person                  inform vessel operators of this                       Act (ESSA).
                                                 in the FOR FURTHER INFORMATION                           regulation.
                                                                                                                                                                DATES: As of July 17, 2018, the proposed
                                                 CONTACT section of this document for                        Official patrol vessels means any
                                                                                                                                                                regulations published on September 6,
                                                 alternate instructions.                                  Coast Guard, Coast Guard Auxiliary,
                                                    We accept anonymous comments. All                                                                           2016, at 81 FR 61148 are withdrawn.
                                                                                                          state, or local law enforcement vessels
                                                 comments received will be posted                         assigned or approved by the COTP                      FOR FURTHER INFORMATION CONTACT:
                                                 without change to http://                                Boston to enforce this section.                       Patrick Rooney, U.S. Department of
                                                 www.regulations.gov and will include                        (c) Enforcement period. This section               Education, 400 Maryland Avenue SW,
                                                 any personal information you have                        is enforceable 24 hours a day from 12:01              Room 3W202, Washington, DC 20202.
                                                 provided. For more about privacy and                     a.m. on October 1, 2018, through 11:59                Telephone: (202) 453–5514. Email:
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 the docket, visit http://                                p.m. on April 30, 2019. When enforced                 patrick.rooney@ed.gov.
                                                 www.regulations.gov/privacyNotice.                       as deemed necessary by the COTP                          If you use a telecommunications
                                                    Documents mentioned in this NPRM                      Boston, vessels will be prohibited from               device for the deaf (TDD) or a text
                                                 as being available in the docket, and all                entering this safety zone during the                  telephone (TTY), call the Federal Relay
                                                 public comments, will be in our online                   emergency grid replacement on the                     Service (FRS), toll free, at 1–800–877–
                                                 docket at http://www.regulations.gov                     bridge.                                               8339.
                                                 and can be viewed by following that                         (d) Regulations. The general                       SUPPLEMENTARY INFORMATION: Section
                                                 website’s instructions. Additionally, if                 regulations contained in 33 CFR 165.23,               1118(b)(2) of the ESEA, as amended by


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                                                 33168                    Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules

                                                 the ESSA, contains a new provision for                     Dated: July 12, 2018.                               you wish to make. EPA will generally
                                                 demonstrating compliance with the title                  Frank Brogan,                                         not consider comments or comment
                                                 I, part A supplement not supplant                        Assistant Secretary for Elementary and                contents located outside of the primary
                                                 requirement. Pursuant to section                         Secondary Education.                                  submission (i.e., on the web, cloud, or
                                                 1601(b)(3)(A) of the ESEA, prior to                      [FR Doc. 2018–15259 Filed 7–16–18; 8:45 am]           other file sharing system). For
                                                 issuing any regulations that implement                   BILLING CODE 4000–01–P                                additional submission methods, the full
                                                 the supplement not supplant                                                                                    EPA public comment policy,
                                                 requirement, the Department must                                                                               information about CBI or multimedia
                                                 engage in negotiated rulemaking. The                     ENVIRONMENTAL PROTECTION                              submissions, and general guidance on
                                                                                                          AGENCY                                                making effective comments, please visit
                                                 Department conducted negotiated
                                                                                                                                                                http://www2.epa.gov/dockets/
                                                 rulemaking on draft supplement not
                                                                                                          40 CFR Part 52                                        commenting-epa-dockets.
                                                 supplant regulations in spring 2016 but
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                 the negotiating committee did not reach                  [EPA–R04–OAR–2018–0116; FRL–9980–
                                                                                                                                                                Tiereny Bell, Air Regulatory
                                                 consensus.                                               80—Region 4]
                                                                                                                                                                Management Section, Air Planning and
                                                    Subsequently, on September 6, 2016,                   Air Plan Approval; Georgia; Revisions                 Implementation Branch, Air, Pesticides
                                                 the Department published in the                          to VOC Definitions and Ambient Air                    and Toxics Management Division, U.S.
                                                 Federal Register an NPRM (81 FR                          Quality Standards                                     Environmental Protection Agency,
                                                 61148) proposing regulations relating to                                                                       Region 4, 61 Forsyth Street SW, Atlanta,
                                                 the supplement not supplant                              AGENCY:  Environmental Protection                     Georgia 30303–8960. The telephone
                                                 requirement in title I, part A of the                    Agency.                                               number is (404) 562–9088. Ms. Bell can
                                                 ESEA, as amended by the ESSA. In                         ACTION: Proposed rule.                                also be reached via electronic mail at
                                                 January 2017, the Department                                                                                   bell.tiereny@epa.gov.
                                                 announced that it would not publish                      SUMMARY:    On November 13, 2017, the
                                                                                                          State of Georgia through the Georgia                  I. Background
                                                 final regulations on this requirement. As
                                                                                                          Environmental Protection Division                        In this rulemaking, EPA is proposing
                                                 a result, the Department withdraws its
                                                                                                          (EPD), submitted revisions to the                     to approve changes into the Georgia SIP,
                                                 NPRM. We note that this is considered                                                                          submitted by the State on November 13,
                                                                                                          Georgia State Implementation Plan
                                                 a deregulatory action under Executive                                                                          2017. The submission revises Rule 391–
                                                                                                          (SIP). The Environmental Protection
                                                 Order 13771. Because the Department                      Agency (EPA) is proposing to approve                  3–1–.01, ‘‘Definitions’’ by adding t-Butyl
                                                 did not publish final regulations, this                  SIP revisions, which modify the State’s               acetate (also known as tertiary butyl
                                                 withdrawal will have no effect on                        air quality regulations as incorporated               acetate or TBAC) and 1,1,2,2-
                                                 existing regulations, which do not                       into the SIP. Specifically, the revisions             Tetrafluoro-1-(2,2,2-trifluoroethoxy)
                                                 include provisions implementing the                      pertain to definition changes, including              ethane to the list of organic compounds
                                                 title I, part A supplement not supplant                  the modification of the definition of                 having negligible photochemical
                                                 requirement.                                             ‘‘volatile organic compounds,’’ (VOC)                 reactivity. The definition of VOC is also
                                                    Accessible Format: Individuals with                   and changes to the State’s air quality                being updated by removing the
                                                 disabilities can obtain this document                    standards for sulfur dioxide (SO2),                   recordkeeping requirements for t-Butyl
                                                 and the NPRM in an accessible format                     particulate matter (both PM2.5 and                    acetate. Finally, the definition of VOC is
                                                 (e.g., braille, large print, audiotape, or               PM10), carbon monoxide (CO), ozone                    being revised to include chemical
                                                 compact disc) on request to the person                   (O3), lead (Pb) and nitrogen dioxide                  names to clarify previous exemptions.
                                                 listed under FOR FURTHER INFORMATION                     (NO2) to be consistent with the National              EPA is also proposing to approve
                                                                                                          Ambient Air Quality Standards                         changes into the Georgia SIP to amend
                                                 CONTACT.
                                                                                                          (NAAQS). EPA is proposing to approve                  Rule 391–3–1–.02(4), ‘‘Ambient Air
                                                    Electronic Access to This Document:                   these provisions of the SIP revisions                 Standards,’’ by updating Georgia’s air
                                                 The official version of this document is                 because the State has demonstrated that               quality standard to be consistent with
                                                 the document published in the Federal                    these changes are consistent with the                 the NAAQS. The submittal by the State
                                                 Register. You may access the official                    Clean Air Act (CAA or Act).                           can be found in the docket for this
                                                 edition of the Federal Register and the                  DATES: Comments must be received on                   rulemaking at www.regulations.gov and
                                                 Code of Federal Regulations via the                      or before August 16, 2018.                            is further summarized below. Also on
                                                 Federal Digital System at: www.gpo.gov/                                                                        November 29, 2017, EPD submitted a
                                                                                                          ADDRESSES: Submit your comments,
                                                 fdsys. At this site you can view this                                                                          separate SIP revision to make changes to
                                                                                                          identified by Docket ID No. EPA–R04–
                                                 document, as well as all other                                                                                 Rule 391–3–1–.03(6), ‘‘Exemption’’
                                                                                                          OAR–2018–0116 at http://
                                                 documents of this Department                                                                                   under Permits and Rule 391–3–1–
                                                                                                          www.regulations.gov. Follow the online
                                                 published in the Federal Register, in                                                                          .02(7)(a)(1), ‘‘General Requirements’’
                                                                                                          instructions for submitting comments.
                                                 text or Portable Document Format                                                                               under Prevention of Significant
                                                                                                          Once submitted, comments cannot be
                                                 (PDF). To use PDF you must have                                                                                Deterioration (PSD). EPA will address
                                                                                                          edited or removed from Regulations.gov.
                                                 Adobe Acrobat Reader, which is                                                                                 these changes in a separate notice.
                                                                                                          EPA may publish any comment received
                                                 available free at this site.                                                                                   Additionally, EPD withdrew from EPA’s
                                                                                                          to its public docket. Do not submit
                                                                                                                                                                consideration, Rule 391–3–1–
                                                    You may also access documents of the                  electronically any information you
                                                                                                                                                                .02(7)(a)2(ix), ‘‘Regulated NSR
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Department published in the Federal                      consider to be Confidential Business
                                                                                                                                                                pollutant’’ under PSD, and Rule 391–3–
                                                 Register by using the article search                     Information (CBI) or other information
                                                                                                                                                                1–.03(8)(c)(16), ‘‘Additional Provisions
                                                 feature at: www.federalregister.gov.                     whose disclosure is restricted by statute.
                                                                                                                                                                for PM2.5 Non-Attainment Areas’’ under
                                                 Specifically, through the advanced                       Multimedia submissions (audio, video,
                                                                                                                                                                Permits.1
                                                 search feature at this site, you can limit               etc.) must be accompanied by a written
                                                 your search to documents published by                    comment. The written comment is                          1 The State withdrew Rule 391–3–1–.02(7)(a)2(ix),
                                                                                                          considered the official comment and                   ‘‘Regulated NSR pollutant’’ and Rule 391–3–1–
                                                 the Department.
                                                                                                          should include discussion of all points               .03(8)(c)(16), ‘‘Additional Provisions for PM2.5 Non-



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Document Created: 2018-07-17 01:38:51
Document Modified: 2018-07-17 01:38:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; withdrawal.
DatesAs of July 17, 2018, the proposed regulations published on September 6, 2016, at 81 FR 61148 are withdrawn.
ContactPatrick Rooney, U.S. Department of Education, 400 Maryland Avenue SW, Room 3W202, Washington, DC 20202. Telephone: (202) 453-5514. Email: [email protected]
FR Citation83 FR 33167 
RIN Number1810-AB33

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