### 34962 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules

2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

4. Will not have a significant economic impact, positive or negative,
on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the
AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part
39 as follows:

**PART 39—AIRWORTHINESS**
**DIRECTIVES**

■ 1. The authority citation for part 39
continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

**§ 39.13 [Amended]**

■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):

Eurocopter France: Docket No. FAA–2013– 0501; Directorate Identifier 2011–SW–

036–AD.

(a) Applicability

This AD applies to Model EC 155B and EC155B1 helicopters with lower front fitting part number (P/N) 365A23–4240–01, upper front fitting P/N 365A23–4242–01, lower rear fitting P/N 365A23–4241–01, or upper rear fitting P/N 365A23–4243–01 (fittings) installed, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as a crack in a fitting. This condition could result in loss of the upper fin during flight and subsequent loss of control of the helicopter.

(c) Compliance

You are responsible for performing each action required by this AD within the specified compliance time.

(d) Required Actions

(1) Within 15 hours time-in-service (TIS)
and thereafter at intervals not to exceed 55
hours TIS:

(i) Using an appropriate light source and a 10x or higher power magnifying glass, inspect each front (c) and rear (d) upper fitting and each front (e) and rear (f) lower fitting for a crack as depicted in Figure 1 of Eurocopter Emergency Alert Service Bulletin No. 05A017, Revision 2, dated December 9, 2010 (ASB). Inspect the hatched area as depicted in Details B, C, and D of Figure 2 of the ASB. A high-resolution (more than 2million pixels) digital camera or dyepenetrant inspection may be used to facilitate the crack inspection.

(ii) If there is a crack in any fitting, before further flight, remove all four fittings from

service.

(2) Within 180 hours TIS, remove the fittings from service.

(3) Do not install lower front fitting P/N 365A23–4240–01, upper front fitting P/N 365A23–4242–01, lower rear fitting P/N 365A23–4241–01, and upper rear fitting P/N 365A23–4243–01 on any helicopter.

(e) Credit for Actions Previously Completed

Inspections accomplished before the

effective date of this AD in accordance with the procedures specified in Eurocopter Emergency Alert Service Bulletin No. 05A017, Revision 2, dated December 9, 2010; Revision 1, dated January 27, 2010; and Revision 0, dated September 28, 2007, are considered acceptable for compliance with the inspection specified in paragraph (d)(1)

of this AD.

(f) Special flight permits

Special flight permits will not be issued.

(g) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Robert Grant, Aviation Safety Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone 817–222– 5110; email robert.grant@faa.gov.

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

(h) Additional Information

(1) Eurocopter Service Bulletin No. 53–029, Revision 1, dated March 10, 2011, which is not incorporated by reference, contains additional information about the subject of

this AD. For service information identified in this AD, contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232–0323; fax (972) 641–3775; or at http://www.eurocopter.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

(2) The subject of this AD is addressed in European Aviation Safety Agency AD No. 2011–0108, dated June 7, 2011.

(i) Subject

Joint Aircraft Service Component (JASC)

Code: 5530 Vertical Stabilizer Structure. Issued in Fort Worth, Texas, on June 3,

2013.
Kim Smith, Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.

[FR Doc. 2013–13799 Filed 6–10–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF EDUCATION**

**34 CFR Part 75 and Chapter III**

**[CFDA Number: 84.250C and 84.250D]**

**American Indian Vocational Rehabilitation Services Program;**  **Proposed Waivers and Extensions of the Project Periods** 

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

**ACTION :**  Proposed waivers and extensions of project periods.

**SUMMARY :**  These proposed waivers and extensions of project periods would affect two sets of grantees under the
American Indian Vocational Rehabilitation Services (AIVRS) Program in the Rehabilitation Services Administration (RSA): eight grantees with 60-month projects initially funded in fiscal year (FY) 2007 (72 FR 11851) and twenty-four grantees with 60-month projects initially funded in FY 2008 (73 FR 6491). For FY 2013, the Secretary proposes to waive the regulations that generally limit project periods to 60 months and that restrict project period extensions involving the obligation of additional Federal funds. The Secretary proposes these actions in order to extend the 60-month projects for the grants initially funded in FY 2007 for a seventh year, and the grants initially funded in FY 2008 for a sixth year. The 32 AIVRS grants would be extended through September 30, 2014.

The proposed waivers and extensions would enable the 32 grantees to request
funds and continue to receive Federal funding beyond September 30, 2013, when the project period ends. The grantees must meet all of the AIVRS program and other applicable requirements while receiving funds under this program. Further, if the proposed waivers and extensions are made final, RSA would not announce a new competition in FY 2013 or make
new awards in FY 2013.

**DATES :**  We must receive your comments on or before July 11, 2013.

**ADDRESSES :**  Submit all comments on this notice to August Martin, U.S. Department of Education, 400 Maryland


### 34963 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules

Avenue SW., room 5049, Potomac Center Plaza (PCP), Washington, DC

20202–2800.

If you prefer to send your comments by email, use the following address: august.martin@ed.gov. You must include the term ‘‘Proposed Waivers
and Extensions for AIVRS’’ in the subject line of your message.

**FOR FURTHER INFORMATION CONTACT :**  August Martin. Telephone: (202) 245– 7410, or by email: august.martin@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 :** 

Invitation To Comment: The Secretary invites you to submit comments regarding the proposed waivers and extensions. We are particularly
interested in comments on the effect these proposed waivers and extensions may have on the AIVRS program and on potential applicants for grant awards under any new AIVRS notice inviting applications, should there be one.

During and after the comment period, you may inspect all public comments about the proposed waivers and extensions in room 5049, PCP, 550 12th Street SW., Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each week, except Federal holidays.

Assistance to Individuals with Disabilities in Reviewing the Rulemaking Record: On request we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to
review the comments or other documents in the public rulemaking record for this notice of proposed waivers and extensions. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under **FOR**

**FURTHER INFORMATION CONTACT**

. Background

In a report released on May 9, 2012, the U.S. Government Accountability Office (GAO) raised a question about the Department’s practice for determining eligibility under the AIVRS program. The report is titled ‘‘Federal Funding for Non-Federally Recognized Tribes,’’ GAO–12–348, and can be found on the
GAO Web site at www.gao.gov/ products/GAO-12-348.

In this report, the GAO made a finding that the interpretation of ‘‘reservation’’ used by the Department in determining eligibility for grants under the AIVRS program raised substantial questions for the GAO about the eligibility of State-recognized tribes not
located on State reservations but instead located on a defined and contiguous
area of land where there is a
concentration of tribal members and in which the tribe is providing structured activities and services, such as the tribal service areas identified in a tribe’s grant application. The GAO recommended that the Secretary review the Department’s practices with respect to eligibility requirements for AIVRS grants and take appropriate action with respect to grants made to tribes that do
not have Federal or State reservations.

In order to comply with the GAO recommendation, the Secretary will be asking for input from tribal officials, tribal governments, tribal organizations, and affected tribal members regarding a possible change in the Department’s interpretation of ‘‘reservation’’ that would align it with the GAO interpretation. The Secretary’s request
for comments on this issue will be published in a separate Federal Register

notice.

The Department believes it is advisable to maintain funding to existing AIVRS projects during the time period it is implementing the GAO recommendation. In this regard, in FY 2012, the Department extended through September 30, 2013, the eight projects initially funded in FY 2007. The Department published a notice inviting comments on the proposed waivers and extensions of the project periods for the FY 2007 grants on July 25, 2012 (77 FR 43560), which was adopted in final on September 26, 2012 (77 FR 59085).

The Department is still in the process of determining the appropriate response
to the GAO recommendation and we
intend to ask tribal officials for their input consistent with Executive Order 13175. Therefore, we have decided not to hold a new AIVRS competition in FY 2013. The Department has determined
that it is not advisable to announce a new competition under which entities would be expected to have the burden of proceeding through the application process while the Department reviews the eligibility requirements for this

program.

Instead, the Department believes it is preferable to waive the requirements of 34 CFR 75.250 and 34 CFR 75.261(c)(2), which limit project periods to 60 months and restrict project period extensions that involve the obligation of additional Federal funds, for the eight projects initially funded in FY 2007 and the 24 projects initially funded in FY 2008. Section 121(b)(3) of the Rehabilitation Act of 1973, as amended (the Act) provides that RSA has the authority to make an AIVRS grant effective for more than 60 months, pursuant to prescribed regulations. Through this regulatory action, we are proposing to extend the project period for the grants initially funded in FY 2007 and FY 2008 through September

30, 2014.

The proposed waivers and extensions would enable the 32 AIVRS grantees to request funds and continue to receive Federal funds beyond the 60-month limitation set by 34 CFR 75.250, while the Department determines the appropriate course of action in response
to the GAO recommendation. The Department believes that the maintenance of the status quo during this process is in the public interest.

If these proposed waivers and
extensions are made final for the 32 AIVRS grantees, RSA will base its decisions regarding annual continuation awards on the program narratives, budgets, budget narratives, and program performance reports submitted by these 32 AIVRS grantees, and on the requirements in 34 CFR 75.253. Any activities to be carried out during the year of continuation awards must be consistent with, or be a logical extension of, the scope, goals, and objectives of each grantee’s application, as approved following the 2007 and 2008 AIVRS grant competitions. If we publish the proposed waivers and extensions as final, we would award continuation grants to each grantee that is making substantial progress in performing its AIVRS grant activities.

The proposed waivers of 34 CFR 75.250 and 34 CFR 75.261(c)(2) and extensions of the project periods, would not exempt the 32 AIVRS grantees from the appropriation account-closing provisions of 31 U.S.C. 1552(a), nor would they extend the availability of funds previously awarded to the 32 AIVRS grantees past the five years provided for in 31 U.S.C. 1552(a). Under 31 U.S.C. 1552(a), appropriations available for a limited period may be used for payment of valid obligations for only five years after the expiration of their period of availability for Federal obligation. After that time, the unexpended balance of those funds is
canceled and returned to the U.S. Treasury Department and is unavailable for restoration for any purpose (31 U.S.C. 1552(b)).

Regulatory Flexibility Act Certification

The Department certifies that the proposed waivers and extensions would not have a significant economic impact
on a substantial number of small

entities.


### 34964 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules

The small entities that would be affected by these proposed waivers and extensions are the eight grantees selected in FY 2007 currently receiving Federal funds, the 24 grantees selected in FY 2008 currently receiving Federal funds, and any other potential applicant
for the estimated 32 awards for which there would have been a competition in

FY 2013.

The Department certifies that the proposed waivers and extensions would not have a significant economic impact on these entities because the proposed waivers and extensions impose minimal compliance costs to extend projects already in existence, and the activities required to support the additional year of funding would not impose additional regulatory burdens or require unnecessary Federal supervision.

Paperwork Reduction Act of 1995

This notice of proposed waivers and extensions does not contain any information collection requirements.

Intergovernmental Review: The AIVRS program is not subject to
Executive Order 12372 and the regulations in 34 CFR part 79.

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 contact person listed
under **FOR FURTHER INFORMATION**

**CONTACT**

.

Electronic Access to This Document:
The official version of this document is the document published in the Federal Register . Free Internet access to the
official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System

at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register , in
text or Adobe 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: June 6, 2013.

Michael K. Yudin, Delegated the authority to perform the functions and duties of the Assistant Secretary for Special Education and
Rehabilitative Services.

[FR Doc. 2013–13848 Filed 6–10–13; 8:45 am]

**BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION** 
**AGENCY**

**40 CFR Parts 50, 51, 70 and 71**

**[EPA–HQ–OAR–2010–0885; FRL–9823–8]**

**Implementation of the 2008 National Ambient Air Quality Standards for**  **Ozone: State Implementation Plan Requirements** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of public hearing.

**SUMMARY :**  The EPA is announcing a public hearing to be held for the proposed rule ‘‘Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements’’ which published in the Federal Register on June 6, 2013. The hearing will be held on Tuesday, June 25, 2013, in Washington, DC

**DATES :**  The public hearing will be held on June 25, 2013.

**ADDRESSES :**  The June 25, 2013, hearing
will be held at the EPA Ariel Rios North Building, Room 1332, 1200 Pennsylvania Avenue NW., Washington, DC 20460. The public hearing will
convene at 9 a.m. and continue until 6 p.m. (local time) or later, if necessary, depending on the number of speakers wishing to participate. The EPA will make every effort to accommodate all speakers that arrive and register before 6 p.m. A lunch break is scheduled from 12:30 p.m. until 2 p.m. The EPA Web site for the rulemaking, which includes the proposal and information about the public hearing, can be found at: http://www.epa.gov/air/ozonepollution/ actions.html#impl.

**FOR FURTHER INFORMATION CONTACT :**  If you would like to speak at the public hearing, please contact Ms. Pamela Long, U.S. Environmental Protection Agency, OAQPS, Air Quality Planning Division, (C504–03), Research Triangle Park, NC 27711, telephone (919) 541– 0641, fax number (919) 541–5509, email
address long.pam@epa.gov, no later than June 24, 2013. If you have any questions relating to the public hearing, please contact Ms. Long at the above
number.

Questions concerning the June 6, 2013, proposed rule should be addressed to Dr. Karl Pepple, U.S. EPA, Office of Air Quality Planning and Standards, State and Local Programs Group, (C539–01), Research Triangle Park, N.C. 27711, telephone number (919) 541–2683, email at pepple.karl@epa.gov. **SUPPLEMENTARY INFORMATION :**  The June 6, 2013, notice of proposed rulemaking proposes to implement the 2008 ozone national ambient air quality standards (NAAQS) (the ‘‘2008 ozone NAAQS’’) that were promulgated on March 12, 2008. The proposed rule addresses a range of state implementation plan requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress, reasonably available control technology, reasonably available control measures, new source review requirements in nonattainment areas, emission inventories, and the timing of state implementation plan (SIP) submissions and of compliance with
emission control measures in the SIP.
Other issues also addressed in the proposed rule are the revocation of the1997 ozone NAAQS and antibacksliding requirements that would apply when the 1997 ozone NAAQS is
revoked.

Public hearing: The proposal for which EPA is holding the public hearing was published in the Federal Register on June 6, 2013, (78 FR 34178)
and is available at: http://www.epa.gov/ air/ozonepollution/actions.html#impl
and also in the docket identified below. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning the proposal. Because this hearing is being held at a U.S. government facility, individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leaving the building, you will be required to return this property pass to the security desk. No large signs will be allowed in the building, cameras may only be used outside of the building,
and demonstrations will not be allowed on federal property for security reasons. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as any oral comments and supporting information presented at the public hearing. Written comments on the proposed rule must be postmarked by August 5, 2013.

Commenters should notify Ms. Long if they will need specific equipment, or if there are other special needs related to providing comments at the hearing. The EPA will provide equipment for