Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules 63543 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only one 

time if comments are filed 

electronically, or commenters should 

send only one copy of written 

comments if comments are filed in 

writing. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The FAA may change 

this proposal in light of the comments 

it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Operations office 

(see ADDRESSES section for address, 

phone number, and hours of 

operations). An informal docket may 

also be examined during normal 

business hours at the office at the 

Northwest Mountain Regional Office of 

the Federal Aviation Administration, 

Air Traffic Organization, Western 

Service Center, Operations Support 

Group, 2200 S 216th Street, Des Moines, 

WA 98198. 

Incorporation by Reference 

Class E5 airspace designation is 

published in paragraph 6005 of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document proposes to amend the 

current version of that order, FAA Order 

JO 7400.11H, dated August 11, 2023, 

and effective September 15, 2023. These 

updates would be published in the next 

update to FAA Order JO 7400.11. That 

order is publicly available as listed in 

the ADDRESSES section of this document. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to modify the Class 

E airspace extending upward from 700 

feet above the surface at Spanish Fork 

Municipal Airport/Woodhouse Field, 

Spanish Fork, UT. 

The existing Class E airspace is 

comprised of 6.5-mile radius around the 

airport. This area should be expanded to 

better contain departing IFR operations 

until they reach 1,200 feet above the 

surface on the SPANISH FORK ONE 

DEPARTURE (OBSTACLE) procedure. 

A 6.9-mile radius around the airport 

would fully contain this procedure. 

Finally, a 2.1-mile extension from the 

airport’s 326° bearing extending 2 mile 

either side should be added. The 

extension will better contain IFR arrival 

operations below 1,500 feet above the 

surface on the Area Navigation (RNAV) 

(Global Positioning System [GPS]) Y 

Runway (RWY) 12 and RNAV (GPS) Z 

RWY 12 approaches. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6005 Class E Airspace Extending 

Upward From 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

ANM UT E5 Spanish Fork, UT [Amended] 

Spanish Fork Airport-Woodhouse Field, UT 

(Lat. 40°08′42′′ N, long. 111°40′04′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.9-mile 

radius of the airport, and within 2 miles each 

side of the 326° bearing extending from the 

6.9-mile radius to 9 miles northwest of the 

airport. 

* * * * * 

Issued in Des Moines, Washington, on 

September 6, 2023. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2023–19594 Filed 9–14–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[Docket ID ED–2023–OELA–0132] 

Proposed Priorities, Requirements, 

and Definitions—National Professional 

Development Program 

AGENCY: Office of English Language 

Acquisition, Department of Education. 

ACTION: Proposed priorities, 

requirements, and definitions. 

SUMMARY: The Department of Education 

(Department) proposes priorities, 

requirements, and definitions for use in 


ddrumheller on DSK120RN23PROD with PROPOSALS1
63544 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules 

1https://www.ed.gov/raisethebar/. 

2Commission on Language Learning. America’s 

Language (2017). Investing in Language Education 

for the 21st Century. American Academy of Arts 

and Sciences: Cambridge, Massachusetts. 

3Zelasko, N., & Antunez, B. (2000). If your child 

learns in two languages. National Clearinghouse for 

Bilingual Education. Retrieved from http://

www.ncela.gwu.edu/files/uploads/9/ 

IfYourChildLearnsInTwoLangs_English.pdf. 

4 Analyzing the Curricularization of Language in 

Two-Way Immersion Education: Restating Two 

Cautionary Notes (Valde ́s, 2018). 

5https://ncela.ed.gov/sites/default/files/2023-05/ 

OELABiennialReportSYs2018-20b-508.pdf. 

the National Professional Development 

(NPD) program, Assistance Listing 

Number 84.365Z. The Department may 

use one or more of these priorities, 

requirements, and definitions for 

competitions in fiscal year (FY) 2023 

and later years. We intend for these 

priorities, requirements, and definitions 

to increase the number of bilingual and 

multilingual teachers supporting 

English language learners. 

DATES: We must receive your comments 

on or before October 16, 2023. 

ADDRESSES: Comments must be 

submitted via the Federal eRulemaking 

Portal at www.regulations.gov. However, 

if you require an accommodation or 

cannot otherwise submit your 

comments via www.regulations.gov, 

please contact the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. The Department 

will not accept comments submitted 

after the comment period closes. To 

ensure the Department does not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘FAQ.’’ 

Privacy Note: The Department’s 

policy is to make all comments received 

from members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Francisco Javier Lo ́pez, U.S. Department 

of Education, 400 Maryland Avenue 

SW, Room H3215, PCP, Washington, DC 

20202. Telephone: (202) 558–4880. 

Email: NPPNPD@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding the 

proposed priorities, requirements, and 

definitions. To ensure that your 

comments have maximum effect in 

developing the final priorities, 

requirements, and definitions, we urge 

you to identify clearly the specific 

proposed priorities, requirements, and 

definitions that each comment 

addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 

12866, 13563, and 14094 and their 

overall requirement of reducing 

regulatory burden that might result from 

these proposed priorities, requirements, 

and definitions. Please let us know of 

any further ways we could reduce 

potential costs or increase potential 

benefits while preserving the effective 

and efficient administration of the 

program. 

During and after the comment period, 

you may inspect public comments about 

the proposed priorities, requirements, 

and definitions by accessing 

Regulations.gov. To inspect comments 

in person, please contact the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

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 these proposed priorities, 

requirements, and definitions. 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. 

Purpose of Program: The NPD 

program, authorized by sections 

3111(c)(1)(C) and 3131 of the 

Elementary and Secondary Education 

Act of 1965(ESEA), provides grants to 

institutions of higher education (IHEs) 

or public or private entities with 

relevant experience and capacity, in 

consortia with State educational 

agencies (SEAs) or local educational 

agencies (LEAs), to implement preservice and in-service professional 

development activities intended to 

improve instruction for English Learners 

(ELs) and assist education personnel 

working with ELs to meet high 

professional standards. 

Program Authority: 20 U.S.C. 6861. 

Proposed Priorities 

The Department proposes the 

following three priorities for this 

program. We may use one or more of 

these priorities in any year in which this 

program is in effect. 

Background 

‘‘Raise the Bar (RTB): Lead the 

World’’ is the Department’s call to 

action to transform prekindergarten 

through postsecondary learning and 

unite around what truly works by 

promoting academic excellence, boldly 

improving learning conditions, and 

preparing our Nation’s students for 

global competitiveness.1 A robust and 

sustainable educator workforce 

available to educate and support all 

children and youth is essential to this 

call to action. The priorities proposed in 

this document would advance many of 

these goals. Specifically, we are 

proposing priorities designed to help 

eliminate the educator shortage, 

increase services for our students who 

are English learners, and expand 

pathways to multilingualism for all 

students. 

A growing body of evidence suggests 

that diverse classroom settings, such as 

in bilingual and multilingual education, 

may be positively associated with 

students’ ability to empathize and relate 

to others, have long-term career benefits, 

and result in a higher degree of 

literacy.2 Learning another language 

from a young age is an asset that 

prepares all students for an increasingly 

globalized economy. Globally, adults 

who are bilingual and biliterate have 

more job opportunities than 

monolingual adults.3 Fostering a culture 

of language-learning for all students also 

communicates to linguistically 

marginalized students that their heritage 

languages and home identities are 

valuable and welcomed in school.4

While there is a rich and diverse 

population of both ELs and native 

English speakers who would benefit 

from bilingual education, there is a 

shortage of bilingual and multilingual 

teachers prepared to teach a growing 

population of ELs and to make 

multilingualism a reality for all. 

According to 2019–20 data reported by 

SEAs for the Title III State Formula 

Grant Program, the number of K–12 

students that were identified as ELs 

increased 2.6 percent from the previous 

school year. Yet, the number of certified 

EL instructors decreased by almost 

43,000 educators or 10.4 percent from 

the previous school year.5 Additionally, 

in a joint publication by The Century 

Foundation and the Children’s Equity 


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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules 63545 

6Williams, C.P., Meek, S., Marcus, M., Zabala, J. 

(2023). Ensuring Equitable Access to Dual-Language 

Immersion Programs: Supporting English Learners’ 

Emerging Bilingualism. Retrieved from https://

tcf.org/content/report/ensuring-equitable-access-todual-language-immersion-programs-supportingenglish-learners-emerging-bilingualism/. 7Strategies for Designing, Implementing, and 

Evaluating Grow-Your-Own Teacher Programs for 

Educators (2017). REL Northwest. Retrieved from 

https://ies.ed.gov/ncee/edlabs/regions/northwest/ 

pdf/strategies-for-educators.pdf. 8Quintero, D. & Hansen, M. (2021). As we tackle 

school segregation, don’t forget about English 

Learner students. The Brookings Institution. 

Retrieved from https://www.brookings.edu/blog/ 

brown-center-chalkboard/2021/01/14/as-we-tackleschool-segregation-dont-forget-about-englishlearner-students/. 

Project, the researchers noted, ‘‘just one 

in eight American teachers speaks a 

non-English language at home . . . [and 

of those] teachers who are linguistically 

diverse, many are not trained or 

credentialed to provide academic 

instruction in non-English languages.’’ 6

The NPD program, as a pre-service 

and in-service professional development 

program, is uniquely positioned to 

support the Department’s RTB goals by 

helping to ensure that ELs have access 

to well-prepared educators and by 

growing our numbers of bilingual and 

multilingual educators in order to 

expand the availability of bilingual 

programs. 

The priorities proposed in this 

document focus on pre-service programs 

and in-service professional development 

designed to expand the numbers of 

bilingual or multilingual teachers and 

other staff, including through growyour-own (GYO) efforts. Initial 

research 7 suggests that GYO efforts may 

be particularly effective in recruiting 

educators who reflect the diversity of 

our students, in this case, ELs who are 

a growing resource that can be 

encouraged and recruited to pursue 

careers as bilingual and multilingual 

teachers. Many GYO programs also 

extend support to paraprofessionals, 

high-quality substitute teachers, and 

others in a community who are 

interested in transitioning into roles as 

educators by supporting their training 

and path to certification. 

Additionally, we continue to 

emphasize and elevate supports for 

students from low-income backgrounds 

by proposing a priority and a 

corresponding definition that focuses on 

enrolling specific percentages of teacher 

candidates who are from low-income 

backgrounds. Thirty-seven percent of 

ELs are from disadvantaged family 

backgrounds who are living in poverty, 

and schools that have higher 

concentrations of ELs tend to be highpoverty schools.8 Students, particularly 

emerging bilingual and multilingual 

students, from low-income backgrounds 

are a critical part of addressing the need 

to provide culturally and linguistically 

relevant teaching in high-need schools 

and to give all students the opportunity 

to be taught by diverse educators. We 

are proposing a definition using Pell 

eligibility as a proxy for determining 

whether students are from low-income 

backgrounds given that Pell eligibility 

takes into account variables such as 

family income and family size. Further, 

we believe the data needed to 

demonstrate Pell eligibility is easily 

accessible to IHEs and other potential 

applicants that partner with IHEs who 

can obtain student aid information. 

As the EL population continues to 

grow, and as our global economy 

becomes more interconnected, it is 

increasingly important to focus efforts 

on addressing the shortage of teachers 

and other staff licensed and certified to 

work with ELs and to provide 

opportunities for all students to benefit 

from bilingual or multilingual 

instruction. 

Proposed Priority 1—Increase the 

Number of Bilingual or Multilingual 

Teachers Through Pre-Service 

Programs. 

Projects that propose to increase the 

number of licensed or certified bilingual 

or multilingual teachers working in 

language instruction educational 

programs or serving ELs, and improve 

their qualifications and skills, through 

evidence-based pre-service programs. 

Applicants must describe their plan for 

recruiting, supporting, and retaining 

bilingual or multilingual teacher 

candidates, which must include growyour-own (GYO) efforts that are 

designed to address shortages of 

bilingual or multilingual teachers and 

increase the diversity of qualified 

individuals entering the educator 

workforce. Applicants must include in 

their proposed plan one or more of the 

following GYO strategies: 

• Supporting bilingual or 

multilingual paraprofessionals actively 

working in P–12 schools in becoming 

teachers. 

• Creating pathway programs for 

middle and high school students who 

are pursuing seals of biliteracy to 

become teachers. 

• Recruiting individuals who may 

have a teaching credential but have not 

been teaching in bilingual or 

multilingual education settings. 

• Offering registered apprenticeship 

programs for teachers that establish, 

scale, and build on existing high-quality 

pathways into bilingual or multilingual 

education settings. 

• Implementing other evidence-based 

GYO efforts for bilingual or multilingual 

individuals. 

Proposed Priority 2—Service to LowIncome Students. 

Projects that propose to recruit, train, 

and retain in the pre-service program 

classes of participants for which one or 

more of the following conditions are 

met: 

(a) At least 30 percent of the 

participants are low-income students. 

(b) At least 40 percent of the 

participants are low-income students. 

(c) At least 50 percent of the 

participants are low-income students. 

Proposed Priority 3—Improve InService Professional Development 

Programs Targeting Bilingual or 

Multilingual Educational Personnel 

Who Serve English Learners. 

Projects that propose evidence-based 

in-service professional development 

programs designed to expand the 

number, and improve the qualifications 

and skills, of bilingual or multilingual 

educational personnel working in 

language instruction educational 

programs or serving ELs, including 

educational paraprofessionals and 

personnel who are not certified or 

licensed. 

Types of Priorities 

When inviting applications for a 

competition using one or more 

priorities, we designate the type of each 

priority as absolute, competitive 

preference, or invitational through a 

notice in the Federal Register. The 

effect of each type of priority follows: 

Absolute priority: Under an absolute 

priority, we consider only applications 

that meet the priority (34 CFR 

75.105(c)(3)). 

Competitive preference priority: 

Under a competitive preference priority, 

we give competitive preference to an 

application by (1) awarding additional 

points, depending on the extent to 

which the application meets the priority 

(34 CFR 75.105(c)(2)(i)); or (2) selecting 

an application that meets the priority 

over an application of comparable merit 

that does not meet the priority (34 CFR 

75.105(c)(2)(ii)). 

Invitational priority: Under an 

invitational priority, we are particularly 

interested in applications that meet the 

priority. However, we do not give an 

application that meets the priority a 

preference over other applications (34 

CFR 75.105(c)(1)). 


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63546 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules 

Proposed Requirements 

The Department proposes the 

following requirements for this program. 

We may apply one or more of these 

requirements in any year in which this 

program is in effect. 

Proposed Application Requirements: 

An applicant must provide the 

indicators it proposes to use to 

determine if a participant meets the 

definition of ‘‘bilingual or 

multilingual.’’ Applicants may provide 

this information in response to the 

selection criteria, or otherwise as 

applicable in their applications. 

Proposed Definitions 

The Department proposes the 

following definitions for this program. 

We may apply one or more of these 

definitions in any year in which this 

program is in effect. 

Bilingual or multilingual means able 

to listen, speak, read, and write in two 

or more languages with at least a high 

level of proficiency in each language, as 

determined based on indicators of 

proficiency established by the grantee. 

Low-income student means a 

student— 

(a) Who is eligible to receive a Federal 

Pell Grant for the award year for which 

the determination is made; or 

(b) Who would otherwise be eligible 

to receive a Federal Pell Grant for the 

award year for which the determination 

is made, except that the student fails to 

meet the requirements of section 

484(a)(5) of the Higher Education Act, 

20 U.S.C. 1091(a)(5), because the 

student is in the United States for a 

temporary purpose. 

Pre-service means the period of 

training for a person who does not have 

a prior teaching certification or license 

and who is enrolled in a teacher 

education program at an institution of 

higher education. 

Final Priorities, Requirements, and 

Definitions 

We will announce the final priorities, 

requirements, and definitions in the 

Federal Register. We will determine the 

final priorities, requirements, and 

definitions after considering responses 

to the proposed priorities, requirements, 

and definitions and other information 

available to the Department. This 

document does not preclude us from 

proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

Note: This document does not solicit 

applications. In any year in which we 

choose to use one or more of these 

priorities, requirements, and definitions, 

we invite applications through a notice 

in the Federal Register. 

Executive Orders 12866, 13563, and 

14094 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Office of Management and Budget 

(OMB) must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by OMB. Section 3(f) of 

Executive Order 12866, as amended by 

Executive Order 14094, 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 $200 million or more 

(adjusted every 3 years by the 

Administrator of Office of Information 

and Regulatory Affairs (OIRA)for 

changes in gross domestic product); or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, territorial, or Tribal 

governments or communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlements grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise legal or policy issues for 

which centralized review would 

meaningfully further the President’s 

priorities, or the principles set forth in 

this Executive order, as specifically 

authorized in a timely manner by the 

Administrator of OIRA in each case. 

This proposed regulatory action is not 

a significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866, as amended by 

Executive Order 14094. 

We have also reviewed this proposed 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866, as amended by 

Executive Order 14094. 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 these proposed 

priorities, requirements, and definitions 

only on a reasoned determination that 

their benefits would justify their costs. 

In choosing among alternative 

regulatory approaches, we selected 

those approaches that would 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 these Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

Clarity of the Regulations 

Executive Order 12866 and the 

Presidential memorandum ‘‘Plain 

Language in Government Writing’’ 

require each agency to write regulations 

that are easy to understand. The 

Secretary invites comments on how to 

make these proposed priorities, 

requirements, and definitions easier to 


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understand, including answers to 

questions such as the following: 

• Are the requirements in the 

proposed priorities, requirements, and 

definitions clearly stated? 

• Do the proposed priorities, 

requirements, and definitions contain 

technical terms or other wording that 

interferes with their clarity? 

• Does the format of the proposed 

priorities, requirements, and definitions 

(grouping and order of sections, use of 

headings, paragraphing, etc.) aid or 

reduce their clarity? 

• Would the proposed priorities, 

requirements, and definitions be easier 

to understand if we divided them into 

more (but shorter) sections? 

• Could the description of the 

proposed priorities, requirements, and 

definitions in the SUPPLEMENTARY

INFORMATION section of this preamble be 

more helpful in making the proposed 

priorities, requirements, and definitions 

easier to understand? If so, how? 

• What else could we do to make the 

proposed priorities, requirements, and 

definitions easier to understand? 

To send any comments that concern 

how the Department could make these 

proposed priorities, requirements, and 

definitions easier to understand, see the 

instructions in the ADDRESSES section. 

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 proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Regulatory Flexibility Act Certification 

The Secretary certifies that these 

proposed priorities, requirements, and 

definitions would not have a significant 

economic impact on a substantial 

number of small entities. The U.S. Small 

Business Administration Size Standards 

define proprietary institutions as small 

businesses if they are independently 

owned and operated, are not dominant 

in their field of operation, and have total 

annual revenue below $7,000,000. 

Nonprofit institutions are defined as 

small entities if they are independently 

owned and operated and not dominant 

in their field of operation. Public 

institutions are defined as small 

organizations if they are operated by a 

government overseeing a population 

below 50,000. 

The small entities that this proposed 

regulatory action would affect are IHEs, 

or public or private entities with 

relevant experience and capacity, in 

consortia with LEAs or SEAs applying 

for and receiving funds under this 

program. The Secretary believes that the 

costs imposed on applicants by the 

proposed priorities, requirements, and 

definitions would be limited to 

paperwork burden related to preparing 

an application and that the benefits 

would outweigh any costs incurred by 

applicants. 

Participation in this program is 

voluntary. For this reason, the proposed 

priorities, requirements, and definitions 

would impose no burden on small 

entities in general. Eligible applicants 

would determine whether to apply for 

funds and have the opportunity to 

weigh the requirements for preparing 

applications, and any associated costs, 

against the likelihood of receiving 

funding and the requirements for 

implementing projects under the 

program. Eligible applicants most likely 

would apply only if they determine that 

the likely benefits exceed the costs of 

preparing an application. The likely 

benefits include the potential receipt of 

a grant as well as other benefits that may 

accrue to an entity through its 

development of an application, such as 

the use of that application to seek 

funding from other sources to address a 

shortage in bilingual or multilingual 

teachers working in a language 

instruction education program or 

serving ELs. 

Paperwork Reduction Act of 1995 

These proposed priorities, 

requirements, and definitions do not 

contain any information collection 

requirements. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

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 at 

www.govinfo.gov. 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 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. 

Montserrat Garibay, 

Assistant Deputy Secretary and Director for 

the Office of English Language Acquisition. 

[FR Doc. 2023–20011 Filed 9–14–23; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Chapter I 

[Docket No. FWS–HQ–NWRS–2023–0024; 

FXRS12610900000–FF09R25000–234] 

National Wildlife Refuge System 

Planning Policies (602 FW 1–4) for the 

U.S. Fish and Wildlife Service 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed policy updates; 

request for comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are making 

available for public comment our 

proposed updated planning policies, 

602 FW 1–4, for the National Wildlife 

Refuge System (Refuge System). The 

purpose of these policy updates is to 

modernize the Refuge System’s refuge 

management by incorporating landscape 

conservation plans and consideration of 

climate change and other anthropogenic 

forces in refuge management. 

DATES: The Service will accept 

comments received or postmarked on or 

before October 16, 2023. Please note that 

if you are using Regulations.gov (see 

ADDRESSES), the deadline for submitting 

an electronic comment is 11:59 p.m. 

Eastern Standard Time on this date. 

ADDRESSES: 

Obtaining Documents: You may 

obtain copies of the documents online at 

https://www.regulations.gov. In the 

Search box, enter the docket number, 

which is FWS–HQ–NWRS–2023–0024. 

Submitting Comments: You may 

submit comments by one of the 

following methods: 

• Internet: https://

www.regulations.gov. In the Search box, 

enter the docket number, which is 

FWS–HQ–NWRS–2023–0024. You may 

enter a comment by clicking on the 

‘‘Comment’’ button. Please ensure that 


ddrumheller on DSK120RN23PROD with PROPOSALS1