83_FR_42374 83 FR 42212 - Final Requirement-State Technical Assistance Projects To Improve Services and Results for Children Who Are Deaf-Blind and National Technical Assistance and Dissemination Center for Children Who Are Deaf-Blind (TA&D-DB)

83 FR 42212 - Final Requirement-State Technical Assistance Projects To Improve Services and Results for Children Who Are Deaf-Blind and National Technical Assistance and Dissemination Center for Children Who Are Deaf-Blind (TA&D-DB)

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range42212-42214
FR Document2018-18027

The Assistant Secretary for Special Education and Rehabilitative Services announces a requirement under the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities (TA&D) program. The Assistant Secretary may use this requirement for competitions in fiscal year (FY) 2018 and later years.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018)
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42212-42214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18027]



[[Page 42212]]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2018-OSERS-0024]


Final Requirement--State Technical Assistance Projects To Improve 
Services and Results for Children Who Are Deaf-Blind and National 
Technical Assistance and Dissemination Center for Children Who Are 
Deaf-Blind (TA&D-DB)

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Final requirement.

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Catalog of Federal Domestic Assistance (CFDA) Number: 84.326T.

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a requirement under the Technical 
Assistance and Dissemination to Improve Services and Results for 
Children with Disabilities (TA&D) program. The Assistant Secretary may 
use this requirement for competitions in fiscal year (FY) 2018 and 
later years.

DATES: This requirement is effective September 20, 2018.

FOR FURTHER INFORMATION CONTACT: Jo Ann McCann, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5162, Potomac Center Plaza, 
Washington, DC 20202-5076. Telephone: (202) 245-7434. Email: 
[email protected].
    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-
800-8339.

SUPPLEMENTARY INFORMATION: Purpose of Program: The purpose of the 
Technical Assistance and Dissemination to Improve Services and Results 
for Children with Disabilities program is to promote academic 
achievement and to improve results for children with disabilities by 
providing technical assistance (TA), supporting model demonstration 
projects, disseminating useful information, and implementing activities 
that are supported by scientifically based research.
    Program Authority: 20 U.S.C. 1461, 1463, 1481, and 1482.
    We published a notice of proposed requirement (NPR) in the Federal 
Register on June 20, 2018 (83 FR 28566). That notice contained 
background information and our reasons for proposing this particular 
requirement. The only difference between the proposed requirement and 
this final requirement is that we included a footnote within the final 
requirement explaining that this requirement does not apply to the 
National Technical Assistance and Dissemination Center for Children Who 
Are Deaf-Blind. This is not a substantive change because we explained 
in the Background section of the NPR that it was not our intent to 
apply this requirement to that Center.
    Public Comment: In response to our invitation in the NPR, 10 
parties submitted comments on the proposed requirement. Generally, we 
do not address technical and other minor changes, or suggested changes 
that the law does not authorize us to make under applicable statutory 
authority. In addition, we do not address general comments that raised 
concerns not directly related to the proposed priorities or 
definitions.
    Analysis of the Comments and Changes: An analysis of the comments 
follows.
    Comment: The majority of commenters expressed support for limiting 
the indirect cost rate to 10 percent, indicating that this would allow 
more funding for the State Deaf-Blind Projects to provide TA to 
families and caregivers, professionals, and others providing services 
to children who are deaf-blind.
    Discussion: We appreciate the commenters' support and agree with 
the comments for the reasons stated.
    Changes: None.
    Comment: One commenter expressed support for the cap on indirect 
cost rates but raised a concern that some current State Deaf-Blind 
Projects that are university-based may not apply for future 
competitions because of the cap, leading to a loss of services for 
children who are deaf-blind within those States. The commenter 
suggested that the Department consider allowing universities to reach 
individual agreements with the Department on indirect cost rates. 
Another commenter opposed the proposed cap, arguing that negotiated 
indirect cost rates better ensure that necessary administrative costs 
for university-based State projects are covered and, therefore, that 
the proposed cap on indirect cost rates could jeopardize sound 
administration of State projects.
    Discussion: We appreciate the commenters' concern regarding the 
potential for disruption of services for children who are deaf-blind 
within a State in the event an incumbent applicant does not apply for a 
new award under this program. We also appreciate the commenter's 
concern about the proper administrative oversight of State projects and 
we agree that strong administrative oversight is essential. However, 
many State deaf-blind projects, including university-based projects, 
have operated effectively while applying indirect costs at or below 10 
percent of their modified total direct costs. For this reason, we do 
not believe that the 10 percent cap established in this final rule will 
deprive the Deaf-Blind program of university-based applicants. We also 
believe that limiting the indirect cost rate, for university-based and 
non-university based projects, will not undermine sound administrative 
oversight of projects, but rather will be beneficial to the program and 
its intended beneficiaries and can be achieved with minimal disruption 
to project activities.
    Finally, since this is a competitive grant competition, it would be 
inappropriate, as one commenter suggests, to have separate requirements 
for incumbent grantees unavailable to other grantees.
    Changes: None.
    Comment: One commenter stated that changes to the indirect cost 
rate for this program could cause confusion if a grantee also has other 
approved indirect cost rates from a Federal agency.
    Discussion: We appreciate the commenter's concern about potential 
confusion if a grantee has another negotiated indirect cost rate 
granted by either the Department of Education or another Federal 
agency. We believe that grantees with sufficient administrative 
capacity to participate in this program will not find it difficult to 
apply different indirect cost rates to grants from different agencies. 
However, to minimize the risk of confusion cited by the commenter, the 
Department is prepared to provide all necessary technical assistance to 
grantees under this program to ensure that they understand the new 
requirement and charge the appropriate indirect cost rate to the grant.
    Changes: None.

Final Requirement

    The Assistant Secretary establishes the following requirement for 
this program. We may apply this requirement in any fiscal year in which 
this program is in effect.
    Final Requirement:
    Allowable indirect costs.
    A grantee may recover the lesser of (a) its actual indirect costs 
as determined by the grantee's negotiated indirect cost rate agreement 
and (b) 10 percent of its modified total direct costs. If a grantee's 
allocable indirect costs exceed 10 percent of its modified total direct 
costs, the grantee may not recoup the excess by shifting the cost to 
other grants or contracts with the U.S. Government,

[[Page 42213]]

unless specifically authorized by legislation. The grantee must use 
non-Federal revenue sources to pay for such unrecovered costs.\1\
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    \1\ The National Technical Assistance and Dissemination Center 
for Children Who Are Deaf-Blind (CFDA number 84.326T) (National 
Center) is not subject to this limitation on recovery of indirect 
costs.
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    This notice does not preclude the Department from proposing 
additional priorities, requirements, definitions, or selection 
criteria, subject to meeting applicable rulemaking requirements.
    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority and these requirements, we invite 
applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    Under Executive Order 13771, for each new regulation that the 
Department proposes for notice and comment or otherwise promulgates 
that is a significant regulatory action under Executive Order 12866 and 
that imposes total costs greater than zero, it must identify two 
deregulatory actions. For FY 2018, any new incremental costs associated 
with a new regulation must be fully offset by the elimination of 
existing costs through deregulatory actions, unless required by law or 
approved in writing by the Director of OMB. However, Executive Order 
13771 does not apply to ``transfer rules'' that cause only income 
transfers between taxpayers and program beneficiaries, such as those 
regarding discretionary grant programs. Because this final requirement 
would be utilized in connection with a discretionary grant program, the 
requirement to offset new regulations in Executive Order 13771 does not 
apply.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final requirement based on a reasoned 
determination that the benefits would justify the costs. In choosing 
among alternative regulatory approaches, we selected this approach to 
maximize net benefits. Based on the analysis that follows, the 
Department believes that this regulatory action is consistent with the 
principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. This regulatory action may 
result in a subset of grantees under this program recovering less funds 
for indirect costs than they would otherwise have recovered prior to 
this final new maximum indirect cost rate, which could impact their 
operations. Further, it could result in particular entities not seeking 
funding under this program because of an inability to operate under 
this final new maximum indirect cost rate. However, we believe that the 
benefits to program beneficiaries of utilizing a higher percentage of 
program funds for direct services outweigh these costs.
    Paperwork Reduction Act of 1995: This document does not contain 
Paperwork Reduction Act requirements. The Technical Assistance and 
Dissemination to Improve Services and Results for Children with 
Disabilities program has been approved by OMB to collect data under OMB 
1820-0028. The final requirement would not impact the approved and 
active data collection.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of final Federal financial assistance. This document 
provides early notification of our specific plans and actions for this 
program.
    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 persons 
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

[[Page 42214]]

document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: August 16, 2018.
Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2018-18027 Filed 8-20-18; 8:45 am]
BILLING CODE 4000-01-P



                                              42212             Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations

                                              DEPARTMENT OF EDUCATION                                 explaining that this requirement does                 blind projects, including university-
                                                                                                      not apply to the National Technical                   based projects, have operated effectively
                                              34 CFR Chapter III                                      Assistance and Dissemination Center for               while applying indirect costs at or
                                              [Docket ID ED–2018–OSERS–0024]                          Children Who Are Deaf-Blind. This is                  below 10 percent of their modified total
                                                                                                      not a substantive change because we                   direct costs. For this reason, we do not
                                              Final Requirement—State Technical                       explained in the Background section of                believe that the 10 percent cap
                                              Assistance Projects To Improve                          the NPR that it was not our intent to                 established in this final rule will
                                              Services and Results for Children Who                   apply this requirement to that Center.                deprive the Deaf-Blind program of
                                              Are Deaf-Blind and National Technical                      Public Comment: In response to our                 university-based applicants. We also
                                              Assistance and Dissemination Center                     invitation in the NPR, 10 parties                     believe that limiting the indirect cost
                                              for Children Who Are Deaf-Blind                         submitted comments on the proposed                    rate, for university-based and non-
                                              (TA&D–DB)                                               requirement. Generally, we do not                     university based projects, will not
                                                                                                      address technical and other minor                     undermine sound administrative
                                              AGENCY:  Office of Special Education and                changes, or suggested changes that the                oversight of projects, but rather will be
                                              Rehabilitative Services, Department of                  law does not authorize us to make under               beneficial to the program and its
                                              Education.                                              applicable statutory authority. In                    intended beneficiaries and can be
                                              ACTION: Final requirement.                              addition, we do not address general                   achieved with minimal disruption to
                                                                                                      comments that raised concerns not                     project activities.
                                              Catalog of Federal Domestic Assistance                  directly related to the proposed                         Finally, since this is a competitive
                                              (CFDA) Number: 84.326T.                                 priorities or definitions.                            grant competition, it would be
                                              SUMMARY:    The Assistant Secretary for                    Analysis of the Comments and                       inappropriate, as one commenter
                                              Special Education and Rehabilitative                    Changes: An analysis of the comments                  suggests, to have separate requirements
                                              Services announces a requirement                        follows.                                              for incumbent grantees unavailable to
                                                                                                         Comment: The majority of                           other grantees.
                                              under the Technical Assistance and
                                                                                                      commenters expressed support for                         Changes: None.
                                              Dissemination to Improve Services and
                                                                                                      limiting the indirect cost rate to 10                    Comment: One commenter stated that
                                              Results for Children with Disabilities                  percent, indicating that this would
                                              (TA&D) program. The Assistant                                                                                 changes to the indirect cost rate for this
                                                                                                      allow more funding for the State Deaf-                program could cause confusion if a
                                              Secretary may use this requirement for                  Blind Projects to provide TA to families
                                              competitions in fiscal year (FY) 2018                                                                         grantee also has other approved indirect
                                                                                                      and caregivers, professionals, and others             cost rates from a Federal agency.
                                              and later years.                                        providing services to children who are                   Discussion: We appreciate the
                                              DATES: This requirement is effective                    deaf-blind.                                           commenter’s concern about potential
                                              September 20, 2018.                                        Discussion: We appreciate the                      confusion if a grantee has another
                                              FOR FURTHER INFORMATION CONTACT: Jo                     commenters’ support and agree with the                negotiated indirect cost rate granted by
                                              Ann McCann, U.S. Department of                          comments for the reasons stated.                      either the Department of Education or
                                              Education, 400 Maryland Avenue SW.,                        Changes: None.                                     another Federal agency. We believe that
                                              Room 5162, Potomac Center Plaza,                           Comment: One commenter expressed                   grantees with sufficient administrative
                                              Washington, DC 20202–5076.                              support for the cap on indirect cost rates            capacity to participate in this program
                                              Telephone: (202) 245–7434. Email:                       but raised a concern that some current                will not find it difficult to apply
                                              Jo.Ann.McCann@ed.gov.                                   State Deaf-Blind Projects that are                    different indirect cost rates to grants
                                                 If you use a telecommunications                      university-based may not apply for                    from different agencies. However, to
                                              device for the deaf (TDD) or a text                     future competitions because of the cap,               minimize the risk of confusion cited by
                                              telephone (TTY), call the Federal Relay                 leading to a loss of services for children            the commenter, the Department is
                                              Service (FRS), toll free, at 1–800–8339.                who are deaf-blind within those States.               prepared to provide all necessary
                                              SUPPLEMENTARY INFORMATION: Purpose of                   The commenter suggested that the                      technical assistance to grantees under
                                              Program: The purpose of the Technical                   Department consider allowing                          this program to ensure that they
                                              Assistance and Dissemination to                         universities to reach individual                      understand the new requirement and
                                              Improve Services and Results for                        agreements with the Department on                     charge the appropriate indirect cost rate
                                              Children with Disabilities program is to                indirect cost rates. Another commenter                to the grant.
                                              promote academic achievement and to                     opposed the proposed cap, arguing that                   Changes: None.
                                              improve results for children with                       negotiated indirect cost rates better
                                              disabilities by providing technical                     ensure that necessary administrative                  Final Requirement
                                              assistance (TA), supporting model                       costs for university-based State projects                The Assistant Secretary establishes
                                              demonstration projects, disseminating                   are covered and, therefore, that the                  the following requirement for this
                                              useful information, and implementing                    proposed cap on indirect cost rates                   program. We may apply this
                                              activities that are supported by                        could jeopardize sound administration                 requirement in any fiscal year in which
                                              scientifically based research.                          of State projects.                                    this program is in effect.
                                                 Program Authority: 20 U.S.C. 1461,                      Discussion: We appreciate the                         Final Requirement:
                                              1463, 1481, and 1482.                                   commenters’ concern regarding the                        Allowable indirect costs.
                                                 We published a notice of proposed                    potential for disruption of services for                 A grantee may recover the lesser of (a)
                                              requirement (NPR) in the Federal                        children who are deaf-blind within a                  its actual indirect costs as determined
                                              Register on June 20, 2018 (83 FR 28566).                State in the event an incumbent                       by the grantee’s negotiated indirect cost
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                                              That notice contained background                        applicant does not apply for a new                    rate agreement and (b) 10 percent of its
                                              information and our reasons for                         award under this program. We also                     modified total direct costs. If a grantee’s
                                              proposing this particular requirement.                  appreciate the commenter’s concern                    allocable indirect costs exceed 10
                                              The only difference between the                         about the proper administrative                       percent of its modified total direct costs,
                                              proposed requirement and this final                     oversight of State projects and we agree              the grantee may not recoup the excess
                                              requirement is that we included a                       that strong administrative oversight is               by shifting the cost to other grants or
                                              footnote within the final requirement                   essential. However, many State deaf-                  contracts with the U.S. Government,


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                                                                 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations                                       42213

                                              unless specifically authorized by                        existing costs through deregulatory                  to maximize net benefits. Based on the
                                              legislation. The grantee must use non-                   actions, unless required by law or                   analysis that follows, the Department
                                              Federal revenue sources to pay for such                  approved in writing by the Director of               believes that this regulatory action is
                                              unrecovered costs.1                                      OMB. However, Executive Order 13771                  consistent with the principles in
                                                This notice does not preclude the                      does not apply to ‘‘transfer rules’’ that            Executive Order 13563.
                                              Department from proposing additional                     cause only income transfers between                     We also have determined that this
                                              priorities, requirements, definitions, or                taxpayers and program beneficiaries,                 regulatory action would not unduly
                                              selection criteria, subject to meeting                   such as those regarding discretionary                interfere with State, local, and Tribal
                                              applicable rulemaking requirements.                      grant programs. Because this final                   governments in the exercise of their
                                                Note: This notice does not solicit                     requirement would be utilized in                     governmental functions.
                                              applications. In any year in which we                    connection with a discretionary grant                   In accordance with both Executive
                                              choose to use this priority and these                    program, the requirement to offset new               orders, the Department has assessed the
                                              requirements, we invite applications                     regulations in Executive Order 13771                 potential costs and benefits, both
                                              through a notice in the Federal Register.                does not apply.                                      quantitative and qualitative, of this
                                                                                                          We have also reviewed this final                  regulatory action. This regulatory action
                                              Executive Orders 12866, 13563, and                       regulatory action under Executive Order              may result in a subset of grantees under
                                              13771                                                    13563, which supplements and                         this program recovering less funds for
                                              Regulatory Impact Analysis                               explicitly reaffirms the principles,                 indirect costs than they would
                                                                                                       structures, and definitions governing                otherwise have recovered prior to this
                                                 Under Executive Order 12866, the
                                                                                                       regulatory review established in                     final new maximum indirect cost rate,
                                              Secretary must determine whether this                                                                         which could impact their operations.
                                                                                                       Executive Order 12866. To the extent
                                              regulatory action is ‘‘significant’’ and,                                                                     Further, it could result in particular
                                                                                                       permitted by law, Executive Order
                                              therefore, subject to the requirements of                                                                     entities not seeking funding under this
                                                                                                       13563 requires that an agency—
                                              the Executive order and subject to                                                                            program because of an inability to
                                                                                                          (1) Propose or adopt regulations only
                                              review by the Office of Management and                                                                        operate under this final new maximum
                                                                                                       upon a reasoned determination that
                                              Budget (OMB). Section 3(f) of Executive                                                                       indirect cost rate. However, we believe
                                                                                                       their benefits justify their costs
                                              Order 12866 defines a ‘‘significant                                                                           that the benefits to program
                                                                                                       (recognizing that some benefits and
                                              regulatory action’’ as an action likely to                                                                    beneficiaries of utilizing a higher
                                                                                                       costs are difficult to quantify);
                                              result in a rule that may—                                  (2) Tailor its regulations to impose the          percentage of program funds for direct
                                                 (1) Have an annual effect on the                      least burden on society, consistent with             services outweigh these costs.
                                              economy of $100 million or more, or                      obtaining regulatory objectives and                     Paperwork Reduction Act of 1995:
                                              adversely affect a sector of the economy,                taking into account—among other things               This document does not contain
                                              productivity, competition, jobs, the                     and to the extent practicable—the costs              Paperwork Reduction Act requirements.
                                              environment, public health or safety, or                 of cumulative regulations;                           The Technical Assistance and
                                              State, local or Tribal governments or                       (3) In choosing among alternative                 Dissemination to Improve Services and
                                              communities in a material way (also                      regulatory approaches, select those                  Results for Children with Disabilities
                                              referred to as an ‘‘economically                         approaches that maximize net benefits                program has been approved by OMB to
                                              significant’’ rule);                                     (including potential economic,                       collect data under OMB 1820–0028. The
                                                 (2) Create serious inconsistency or                   environmental, public health and safety,             final requirement would not impact the
                                              otherwise interfere with an action taken                 and other advantages; distributive                   approved and active data collection.
                                              or planned by another agency;                            impacts; and equity);                                   Intergovernmental Review: This
                                                 (3) Materially alter the budgetary                       (4) To the extent feasible, specify               program is subject to Executive Order
                                              impacts of entitlement grants, user fees,                performance objectives, rather than the              12372 and the regulations in 34 CFR
                                              or loan programs or the rights and                       behavior or manner of compliance a                   part 79. One of the objectives of the
                                              obligations of recipients thereof; or                    regulated entity must adopt; and                     Executive order is to foster an
                                                 (4) Raise novel legal or policy issues                   (5) Identify and assess available                 intergovernmental partnership and a
                                              arising out of legal mandates, the                       alternatives to direct regulation,                   strengthened federalism. The Executive
                                              President’s priorities, or the principles                including economic incentives—such as                order relies on processes developed by
                                              stated in the Executive order.                           user fees or marketable permits—to                   State and local governments for
                                                 This final regulatory action is not a                 encourage the desired behavior, or                   coordination and review of final Federal
                                              significant regulatory action subject to                 provide information that enables the                 financial assistance. This document
                                              review by OMB under section 3(f) of                      public to make choices.                              provides early notification of our
                                              Executive Order 12866.                                      Executive Order 13563 also requires               specific plans and actions for this
                                                 Under Executive Order 13771, for                      an agency ‘‘to use the best available                program.
                                              each new regulation that the                             techniques to quantify anticipated                      Accessible Format: Individuals with
                                              Department proposes for notice and                       present and future benefits and costs as             disabilities can obtain this document in
                                              comment or otherwise promulgates that                    accurately as possible.’’ The Office of              an accessible format (e.g., braille, large
                                              is a significant regulatory action under                 Information and Regulatory Affairs of                print, audiotape, or compact disc) on
                                              Executive Order 12866 and that imposes                   OMB has emphasized that these                        request to the program contact persons
                                              total costs greater than zero, it must                   techniques may include ‘‘identifying                 listed under FOR FURTHER INFORMATION
                                              identify two deregulatory actions. For                   changing future compliance costs that                CONTACT.
                                              FY 2018, any new incremental costs                       might result from technological                         Electronic Access to This Document:
sradovich on DSK3GMQ082PROD with RULES




                                              associated with a new regulation must                    innovation or anticipated behavioral                 The official version of this document is
                                              be fully offset by the elimination of                    changes.’’                                           the document published in the Federal
                                                                                                          We are issuing this final requirement             Register. You may access the official
                                                1 The National Technical Assistance and
                                                                                                       based on a reasoned determination that               edition of the Federal Register and the
                                              Dissemination Center for Children Who Are Deaf-
                                              Blind (CFDA number 84.326T) (National Center) is
                                                                                                       the benefits would justify the costs. In             Code of Federal Regulations via the
                                              not subject to this limitation on recovery of indirect   choosing among alternative regulatory                Federal Digital System at: www.gpo.gov/
                                              costs.                                                   approaches, we selected this approach                fdsys. At this site you can view this


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                                              42214             Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations

                                              document, as well as all other                          Revised Statute related to air quality                requirements applicable only in
                                              documents of this Department                            modeling and the submission of                        nonattainment areas);
                                              published in the Federal Register, in                   modeling data to the EPA. Finally, the                  • section 110(a)(2)(D)(i): Interstate
                                              text or Portable Document Format                        EPA is clarifying several inconsistencies             pollution transport;
                                              (PDF). To use PDF you must have                         between its technical support document                  • section 110(a)(2)(D)(ii): Interstate
                                              Adobe Acrobat Reader, which is                          and notice of proposed rulemaking.                    and international pollution abatement;
                                              available free at the site.                             DATES: This rule is effective on                        • section 110(a)(2)(E): Adequate
                                                You may also access documents of the                  September 20, 2018.                                   resources and authority, conflict of
                                              Department published in the Federal                                                                           interest, and oversight of local and
                                                                                                      ADDRESSES: The EPA has established a
                                              Register by using the article search                                                                          regional government agencies;
                                                                                                      docket for this action under Docket ID
                                              feature at: www.federalregister.gov.                                                                            • section 110(a)(2)(F): Stationary
                                                                                                      No. EPA–R09–OAR–2015–0472. All
                                              Specifically, through the advanced                                                                            source monitoring and reporting;
                                                                                                      documents in the docket are listed on                   • section 110(a)(2)(G): Emergency
                                              search feature at this site, you can limit              the https://www.regulations.gov
                                              your search to documents published by                                                                         episodes;
                                                                                                      website. Although listed in the index,                  • section 110(a)(2)(H): SIP revisions;
                                              the Department.                                         some information is not publicly                        • section 110(a)(2)(J): Consultation
                                                Dated: August 16, 2018.                               available, e.g., Confidential Business                with government officials, public
                                              Johnny W. Collett,                                      Information (CBI) or other information                notification, prevention of significant
                                              Assistant Secretary for Special Education and           whose disclosure is restricted by statute.            deterioration (PSD), and visibility
                                              Rehabilitative Services.                                Certain other material, such as                       protection;
                                              [FR Doc. 2018–18027 Filed 8–20–18; 8:45 am]             copyrighted material, is not placed on                  • section 110(a)(2)(K): Air quality
                                              BILLING CODE 4000–01–P                                  the internet and will be publicly                     modeling and submittal of modeling
                                                                                                      available only in hard copy form.                     data;
                                                                                                      Publicly available docket materials are                 • section 110(a)(2)(L): Permitting fees;
                                              ENVIRONMENTAL PROTECTION                                available through http://                             and
                                              AGENCY                                                  www.regulations.gov, or please contact                  • section 110(a)(2)(M): Consultation/
                                                                                                      the person identified in the FOR FURTHER              participation by affected local entities.
                                              40 CFR Part 52                                          INFORMATION CONTACT section for                         Two elements identified in section
                                                                                                      additional availability information.                  110(a)(2) are not governed by the three-
                                              [EPA–R09–OAR–2015–0472; FRL–9982–
                                              23—Region 9]                                            FOR FURTHER INFORMATION CONTACT: John                 year submittal deadline of section
                                                                                                      Ungvarsky, Air Planning Office (AIR–2),               110(a)(1) and are therefore not
                                              Partial Approval and Partial                            EPA Region IX, (415) 972–3963,                        addressed in this action. These two
                                              Disapproval of Air Quality State                        ungvarsky.john@epa.gov.                               elements are: Section 110(a)(2)(C) to the
                                              Implementation Plans; Arizona;                          SUPPLEMENTARY INFORMATION:                            extent it refers to nonattainment new
                                              Infrastructure Requirements for                         Throughout this document, the terms                   source review (NSR) permit programs
                                              Nitrogen Dioxide and Sulfur Dioxide                     ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.         required under part D, and section
                                                                                                                                                            110(a)(2)(I), pertaining to the
                                              AGENCY:  Environmental Protection                       Table of Contents                                     nonattainment planning requirements of
                                              Agency (EPA).                                           I. Background                                         part D. As a result, this action does not
                                              ACTION: Final rule.                                     II. Public Comments                                   address SIP requirements for the
                                                                                                      III. Final Action                                     nonattainment NSR portion of section
                                              SUMMARY:   The Environmental Protection                 IV. Statutory and Executive Order Reviews             110(a)(2)(C) or of section 110(a)(2)(I).
                                              Agency (EPA) is partially approving and                                                                         In 2010, the EPA promulgated revised
                                              partially disapproving several state                    I. Background
                                                                                                                                                            NAAQS for NO2 and SO2, triggering a
                                              implementation plan (SIP) submissions                      Section 110(a)(1) of the CAA requires              requirement for states to submit
                                              from the State of Arizona pursuant to                   states to make a SIP submission within                infrastructure SIP submissions. The
                                              the requirements of section 110(a)(1)                   three years after the promulgation of a               NAAQS addressed by this infrastructure
                                              and 110(a)(2) of the Clean Air Act (CAA                 new or revised primary NAAQS.                         SIP rulemaking include the following:
                                              or ‘‘the Act’’) for the implementation,                 Section 110(a)(2) includes a list of                    • 2010 NO2 NAAQS, which revised
                                              maintenance, and enforcement of the                     specific elements that the SIP must                   the primary 1971 NO2 annual standard
                                              2010 nitrogen dioxide (NO2) and 2010                    include. Many of the section 110(a)(2)                of 53 parts per billion (ppb) by
                                              sulfur dioxide (SO2) national ambient                   SIP elements relate to the general                    supplementing it with a new 1-hour
                                              air quality standards (NAAQS or                         information and authorities that                      average NO2 standard of 100 ppb, and
                                              ‘‘standards’’). We refer to such SIP                    constitute the ‘‘infrastructure’’ of a                retained the secondary annual standard
                                              submissions as ‘‘infrastructure’’ SIP                   state’s air quality management program.               of 53 ppb; 1 and
                                              submissions because they are intended                   SIP submittals that address these                       • 2010 SO2 NAAQS, which
                                              to address basic structural SIP                         requirements are referred to as                       established a new 1-hour average SO2
                                              requirements for new or revised                         ‘‘infrastructure SIP submissions’’ or ‘‘I–            standard of 75 ppb, retained the
                                              standards including, but not limited to,                SIP submissions.’’ The I–SIP elements                 secondary 3-hour average SO2 standard
                                              legal authority, regulatory structure,                  required by section 110(a)(2) are as                  of 500 ppb, and established a
                                              resources, permit programs, monitoring,                 follows:                                              mechanism for revoking the existing
                                              and modeling necessary to assure                           • Section 110(a)(2)(A): Emission                   annual and 24-hour SO2 standards.2
sradovich on DSK3GMQ082PROD with RULES




                                              implementation, maintenance, and                        limits and other control measures;
                                              enforcement of the NAAQS. In addition,                     • section 110(a)(2)(B): Ambient air                  1 75 FR 6474 (February 9, 2010). The annual NO
                                                                                                                                                                                                                2
                                              the EPA is reclassifying Pima County                    quality monitoring/data system;                       standard of 0.053 parts per million (ppm) is listed
                                              from Priority II to Priority III for SO2                   • section 110(a)(2)(C): Program for                in ppb for ease of comparison with the new 1-hour
                                                                                                                                                            standard.
                                              emergency episode planning purposes.                    enforcement of control measures and                     2 75 FR 35520 (June 22, 2010). The annual SO
                                                                                                                                                                                                             2
                                              The EPA is also approving into the                      regulation of new and modified                        standard of 0.5 ppm is listed in ppb for ease of
                                              Arizona SIP sections of an Arizona                      stationary sources (excluding the                     comparison with the new 1-hour standard.



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Document Created: 2018-08-21 00:06:28
Document Modified: 2018-08-21 00:06:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal requirement.
DatesThis requirement is effective September 20, 2018.
ContactJo Ann McCann, U.S. Department of Education, 400 Maryland Avenue SW., Room 5162, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-7434. Email: [email protected]
FR Citation83 FR 42212 

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