Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Proposed Rules 57335 

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. 

(Catalog of Federal Domestic Assistance 

Number 84.027, Assistance to States for 

Education of Children with Disabilities) 

List of Subjects in 34 CFR Part 300 

Administrative practice and 

procedure, Education of individuals 

with disabilities, Elementary and 

secondary education, Equal educational 

opportunity, Grant programs— 

education, Privacy, Private schools, 

Reporting and recordkeeping 

requirements. 

Dated: September 13, 2013. 

Arne Duncan, 

Secretary of Education. 

For the reasons discussed in the 

preamble, the Secretary proposes to 

amend 34 CFR part 300 as follows: 

PART 300—ASSISTANCE TO STATES 

FOR THE EDUCATION OF CHILDREN 

WITH DISABILITIES 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3, 1406, 1411– 

1419, unless otherwise noted. 

■ 2. Section 300.203 is revised to read 

as follows: 

§ 300.203 Maintenance of effort. 

(a) Compliance standard. (1) Except 

as provided in §§ 300.204 and 300.205, 

funds provided to an LEA under Part B 

of the Act must not be used to reduce 

the level of expenditures for the 

education of children with disabilities 

made by the LEA from local funds 

below the level of those expenditures 

for the preceding fiscal year. 

(2) An LEA meets this standard if it 

does not— 

(i) Reduce the level of expenditures 

for the education of children with 

disabilities made by the LEA from State 

and local funds, either in total or per 

capita, below the level of those 

expenditures for the preceding fiscal 

year, except as provided in §§ 300.204 

and 300.205; 

(ii) Reduce the level of expenditures 

for the education of children with 

disabilities made by the LEA from local 

funds, either in total or per capita, 

below the level of those expenditures 

for the most recent fiscal year for which 

the LEA met the MOE compliance 

standard based on local funds only, 

even if the LEA also met the MOE 

compliance standard based on State and 

local funds, except as provided in 

§§ 300.204 and 300.205; or 

(iii) Reduce the level of expenditures 

for the education of children with 

disabilities made by the LEA from local 

funds, either in total or per capita, 

below the level of those expenditures 

for the preceding fiscal year if the LEA 

has not previously met the MOE 

compliance standard based on local 

funds only, except as provided in 

§§ 300.204 and 300.205. 

(3) Expenditures made from funds 

provided by the Federal Government for 

which the SEA is required to account to 

the Federal Government or for which 

the LEA is required to account to the 

Federal Government directly or through 

the SEA may not be considered in 

determining whether an LEA meets the 

standard in this paragraph. 

(b) Eligibility standard. (1) Except as 

provided in paragraph (b)(2) of this 

section, the SEA must determine that an 

LEA complies with paragraph (a) of this 

section for purposes of establishing the 

LEA’s eligibility for an award for a fiscal 

year if the LEA budgets, for the 

education of children with disabilities, 

at least the same total or per capita 

amount from either of the following 

sources as the LEA spent for that 

purpose from the same source for the 

most recent fiscal year for which 

information is available: 

(i) Local funds only. 

(ii) The combination of State and local 

funds. 

(2) An LEA that relies on paragraph 

(b)(1)(i) of this section for any fiscal year 

must ensure that the amount of local 

funds it budgets for the education of 

children with disabilities in that year is 

at least the same, either in total or per 

capita, as the amount it spent for that 

purpose in the most recent fiscal year 

for which information is available and 

the LEA met the MOE compliance 

standard based on local funds only, 

even if the LEA also met the MOE 

compliance standard based on State and 

local funds. 

(3) An LEA that relies on paragraph 

(b)(1)(i) of this section for any fiscal year 

and has not previously met the MOE 

compliance standard based on local 

funds only must ensure that the amount 

of local funds it budgets for the 

education of children with disabilities 

in that year is at least the same, either 

in total or per capita, as the amount it 

spent from local funds for that purpose 

in the most recent fiscal year for which 

information is available. 

(c) Subsequent years. If, for any fiscal 

year, an LEA fails to meet the 

requirement of paragraph (a) of this 

section, the level of expenditures 

required of the LEA for any fiscal year 

beginning on or after July 1, 2014 under 

paragraphs (a) and (b) of this section is 

the amount that would have been 

required in the absence of that failure 

and not the LEA’s reduced level of 

expenditures. 

(d) Consequence of failure to 

maintain effort. If an LEA fails to 

maintain its level of expenditures for 

the education of children with 

disabilities in accordance with 

paragraph (a) of this section, the SEA is 

liable in a recovery action under 20 

U.S.C. 1234a to return to the 

Department, using non-Federal funds, 

an amount equal to the amount by 

which the LEA failed to maintain its 

level of expenditures in accordance 

with paragraph (a) of this section. 

(Approved by the Office of Management and 

Budget under control number 1820–0600) 

(Authority: 20 U.S.C. 1413(a)(2)(A)) 

[FR Doc. 2013–22668 Filed 9–17–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2013–0511; FRL–9901–00– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri; Conformity of General 

Federal Actions to State 

Implementation Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the state of 

Missouri on August 12, 2011. This 

revision proposes to update the state 

general conformity rule in its entirety to 

bring it into compliance with the 

Federal general conformity rule which 

was updated in the Federal Register on 

April 5, 2010. General conformity 

regulations prohibit Federal agencies 

from taking actions that may cause or 

contribute to violations of the National 

Ambient Air Quality Standards 

(NAAQS). This rule applies to nonattainment and maintenance areas of the 

state. The revision to Missouri’s rule 

does not have an adverse affect on air 

quality. EPA’s approval of this SIP 

revision is being done in accordance 

with the requirements of the Clean Air 

Act (CAA). 


emcdonald on DSK67QTVN1PROD with PROPOSALS
57336 Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Proposed Rules 

DATES: Comments on this proposed 

action must be received in writing by 

October 18, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2013–0511, by mail to Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania at (913) 551–7147, or by 

email at bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

Dated: August 16, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2013–22617 Filed 9–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 26 

[Docket No. OST–2012–0147] 

RIN 2105–AE08 

Disadvantaged Business Enterprise: 

Program Implementation Modifications 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Notice of Proposed Rulemaking 

(NPRM); Notice of Reopening Comment 

Period and Public Listening Session. 

SUMMARY: On September 6, 2012, the 

Department of Transportation (DOT) 

issued a notice of proposed rulemaking 

(NPRM) concerning various 

modifications to the Department’s 

Disadvantaged Business Enterprise 

(DBE) Program. In a later notice 

published on October 25, 2012, the 

Department extended the public 

comment period until December 24, 

2012. Various commenters to the NPRM 

expressed interest in the Department 

holding a public meeting on the 

proposed changes prior to issuing a final 

rule. The Department agrees. The 

Department will hold a public listening 

session on the changes proposed in the 

NPRM on October 9, 2013, from 12:00 

p.m. EDT to 4:00 p.m. EDT in the 

Department’s Washington, DC 

headquarters. The Department is 

simultaneously reopening the comment 

period from September 18, 2013 to 

October 30, 2013. Interested persons 

from both the public and private sectors 

are invited to offer their views orally or 

in writing on specific aspects of the 

NPRM noted below. 

DATES: A public listening session will be 

held on October 9, 2013, in Washington, 

DC, which will commence at 12:00 noon 

EDT and end no later than 4:00 p.m. 

EDT. The comment period for the 

NPRM is extended to October 30, 2013. 

ADDRESSES: (1) Public Listening Session: 

The public listening session will be held 

at DOT’s Washington, DC Headquarters 

at 1200 New Jersey Avenue SE., 

Washington, DC 20590, in the 

Oklahoma City conference room located 

on the ground floor of the West 

Building. (2) Attendance: Due to 

security and seating limitations, any 

person wishing to attend the listening 

session should register at least five 

business days before the date of the 

session (October 2, 2013) by going to the 

OSDBU Web site at www.dot.gov/osdbu. 

Seating is on a first-come first-served 

basis and space is limited. For 

information on facilities or services for 

persons with disabilities or to request 

special assistance at the meeting, please 

contact Marilyn Hearns in DOT’s Office 

of General Counsel by telephone (202– 

366–9154) or by email 

(Marilyn.Hearns@dot.gov) as soon as 

possible. (3) Teleconference: Please 

contact Marilyn Hearns if you wish to 

participate in this public listening 

session via teleconference line. 

FOR FURTHER INFORMATION CONTACT: Jo 

Anne Robinson, Office of General Law, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, 202–366–6984, 

JoAnne.Robinson@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

September 6, 2012, the Department 

published a notice of proposed 

rulemaking (NPRM) entitled, 

‘‘Disadvantaged Business Enterprise: 

Program Implementation 

Modifications,’’ at 77 FR 54952, that 

proposed various changes to the 

Department’s DBE program, including: 

revisions to personal net worth, 

application, and reporting forms; 

modifications to various certificationrelated provisions of the rule; and 

revisions to several other provisions of 

the rule, concerning such subjects as 

good faith efforts, transit vehicle 

manufacturers and goal setting. The 

Department then published a notice on 

October 25, 2012, at 77 FR 651164, that 

corrected minor errors in the NPRM 

related to the Paperwork Reduction Act 

and extended the public comment 

period until December 24, 2012. Several 

commenters suggested that the 

Department hold a public meeting or 

listening session on the proposed 

changes before issuing a final rule. After 

reviewing the comments, the 

Department agrees that a public 

listening session would be helpful to all 

relevant stakeholders as well as 

interested members of the public and 

has scheduled a public listening session 

for October 9, 2013. 

Listening Session 

The listening session will provide an 

opportunity for interested parties to 

articulate the issues and concerns they 

have with certain aspects of the NPRM. 

In particular, the Department is 

interested in hearing from the public on 

the following: 

1. What are the specific, quantifiable 

costs and benefits associated with 

completing or reviewing the proposed 

forms (Personal Net Worth, Certification 

Application, Uniform Report on 

Awards/Commitments; DBE Payment 

Data) from the perspective of a 

certifying entity, an applicant firm, or a 

recipient (where applicable); 


emcdonald on DSK67QTVN1PROD with PROPOSALS