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 2 

million 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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules 34963 

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. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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 the 

1997 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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS