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

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(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).


### 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

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**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

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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);