28566 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 

three Components may not at any time 

exceed three percent of the aggregate of: 

(i) The amounts received under a 

Component by a recipient, beginning 

with the first grant through the most 

recent grant; and 

(ii) The amounts in the Trust Fund 

that are allocated to, but not yet 

received under such Component by a 

Gulf Coast State, coastal political 

subdivision, or coastal zone parish 

under § 34.103, consistent with the 

definition of administrative costs in 

§ 34.2. The three percent limit does not 

apply to the administrative costs of 

subrecipients. All recipient and 

subrecipient costs are subject to the cost 

principles in Federal laws and policies 

on grants. 

(2) Treasury will conduct a 

retrospective analysis of this provision 

no later than seven years after the date 

it becomes effective. This review will 

consider whether the revision ensures 

that the Gulf Coast states, coastal 

political subdivisions, and coastal zone 

parishes have the necessary funding to 

efficiently and effectively oversee and 

manage projects and programs for 

ecological and economic restoration of 

the Gulf Coast Region while ensuring 

compliance with the statutory three 

percent administrative cost cap, and 

whether it helps them to administer 

RESTORE grant projects effectively and 

efficiently. 

* * * * * 

David A. Lebryk, 

Fiscal Assistant Secretary. 

[FR Doc. 2018–13227 Filed 6–19–18; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2018–OSERS–0024] 

Proposed Requirement—State 

Technical Assistance Projects To 

Improve Services and Results for 

Children Who Are Deaf-Blind and 

National Technical Assistance and 

Dissemination Center for Children Who 

Are Deaf-Blind (TA&D–DB) 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.326T. 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Proposed requirement. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a requirement under 

the Technical Assistance and 

Dissemination to Improve Services and 

Results for Children with Disabilities 

(TA&D) program. The Assistant 

Secretary may use this requirement for 

a competition in fiscal year (FY) 2018 

and later years. 

DATES: We must receive your comments 

on or before July 11, 2018. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do 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 ‘‘How to Use 

Regulations.gov.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about this proposed 

requirement, address them to Jo Ann 

McCann, U.S. Department of Education, 

400 Maryland Avenue SW, Room 5162, 

Potomac Center Plaza, Washington, DC 

20202–5076. 

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: Jo 

Ann McCann, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 5162, Potomac Center Plaza, 

Washington, DC 20202–5076. 

Telephone: (202) 245–7434. Email: 

Jo.Ann.McCann@ed.gov. Tina Diamond, 

400 Maryland Avenue SW, Room 5136, 

Potomac Center Plaza, Washington, DC 

20202–5076. Telephone: (202) 245– 

6674. Email: Tina.Diamond@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: We invite you 

to submit comments regarding this 

document. We urge you to identify 

clearly the specific issue that each 

comment addresses to ensure your 

comments are accurately represented in 

the development of the final 

requirements. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 

12866, 13563, and 13771 and their 

overall requirement of reducing 

regulatory burden that might result from 

this proposed requirement. 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 all public comments 

about this proposed requirement by 

accessing Regulations.gov. You may also 

inspect the comments in person in 

Room 5145, 550 12th Street SW, 

Washington, DC, between 8:30 a.m. and 

4:00 p.m., Eastern Time, Monday 

through Friday of each week except 

Federal holidays. Please contact the 

persons 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 this proposed requirement. If 

you want to schedule an appointment 

for this type of accommodation or 

auxiliary aid, please contact the persons 

listed under FOR FURTHER INFORMATION

CONTACT. 

Purpose of Program: The purpose of 

the Technical Assistance and 

Dissemination to Improve Services and 

Results for Children with Disabilities 

program is to promote academic 

achievement and to improve results for 

children with disabilities by providing 

technical assistance (TA), supporting 

model demonstration projects, 

disseminating useful information, and 

implementing activities that are 

supported by scientifically based 

research. 

Program Authority: 20 U.S.C. 1461, 1463, 

1481, and 1482. 

Proposed Requirement 

Background 

The Individuals with Disabilities 

Education Act (IDEA) requires that the 

Secretary reserve $12,832,000 of IDEA 

Part D funds each year to address the 

needs of children with deaf-blindness 

(see section 682(d)(1)(A) of IDEA, 20 

U.S.C. 1482(d)). The Office of Special 

Education Programs (OSEP) supports 

children who are deaf-blind and their 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 28567 

families in part by funding the State 

Technical Assistance Projects to 

Improve Services and Results for 

Children Who Are Deaf-Blind and 

National Technical Assistance and 

Dissemination Center for Children Who 

Are Deaf-Blind (TA&D–DB) competition 

(CFDA number 84.326T). Authorized 

activities include providing TA on 

evidence-based practices to 

professionals and others involved in 

providing services that promote 

academic achievement and improve 

results for children who are deaf-blind. 

For purposes of this document, the term 

‘‘children who are deaf-blind’’ refers to 

infants, toddlers, children, youth, and 

young adults (birth through 21) who are 

deaf-blind. 

To ensure that children who are deafblind and their families receive 

appropriate supports to address their 

specific needs, we propose a 

requirement that would limit the 

recovery of indirect costs by State 

Technical Assistance Projects to 

Improve Services and Results for 

Children Who Are Deaf-Blind (CFDA 

number 84.326T) grantees under this 

grant competition. The National 

Technical Assistance and Dissemination 

Center for Children Who Are Deaf-Blind 

(CFDA number 84.326T) (National 

Center) would not be subject to this 

limitation on recovery of indirect costs. 

The National Center’s burden for 

indirect costs is different from the 

burden for State Technical Assistance 

Projects because the National Center 

does not provide TA directly to 

professionals who serve deaf-blind 

children. 

The purpose of this requirement is to 

ensure that more Federal funding flows 

through to meet the needs of children 

who are deaf-blind. We are proposing 

this requirement based on 2 CFR 

200.414(c)(1), which allows a Federal 

awarding agency to use an indirect cost 

rate different from the negotiated rate 

when required by Federal statute or 

regulation. Federal discretionary 

grantees have historically been 

reimbursed for indirect costs at the rate 

that the grantee has negotiated with its 

cognizant agency, and we believe that 

use of the negotiated rate is appropriate 

for most grants in most circumstances. 

However, grantees under the State 

Technical Assistance Projects to 

Improve Services and Results for 

Children Who Are Deaf-Blind program 

(CFDA number 84.326T), provide TA to 

professionals and others who provide 

direct services to children who are deafblind. Therefore, we believe most of 

these grants do not carry the same 

burden of overhead or administrative 

costs as do many other federally funded 

projects. 

We analyzed historical grantee data 

for grants previously awarded under 

CFDA number 84.326T and found a 

wide range of indirect cost rate 

agreements in place. Over the past five 

years, indirect cost rate agreements for 

grantees under CFDA number 84.326T 

have ranged from 0 percent to 65 

percent, with a median of 9 percent for 

49 grantees examined. However, our 

analysis indicates that 28 grantees— 

approximately 60 percent—currently 

funded under this program operate 

grants with an indirect cost rate of 10 

percent or less. Because a majority of 

current grantees are able to run 

programs using 90 percent or more of 

their grant funds to provide direct 

services, we believe it is reasonable to 

set a cap of 10 percent on the indirect 

costs for future grantees. 

Proposed Requirement 

Allowable Indirect Costs 

A grantee may recover the lesser of (a) 

its actual indirect costs as determined 

by the grantee’s negotiated indirect cost 

rate agreement and (b) 10 percent of its 

modified total direct costs. If a grantee’s 

allocable indirect costs exceed 10 

percent of its modified total direct costs, 

the grantee may not recoup the excess 

by shifting the cost to other grants or 

contracts with the U.S. Government, 

unless specifically authorized by 

legislation. The grantee must use nonFederal revenue sources to pay for such 

unrecovered costs. 

Directed Question 

The Department seeks additional 

comment on this question: If the 

Department required grantees to justify 

all indirect costs that exceed 10 percent, 

what circumstances could justify higher 

indirect costs? The Department is 

seeking comment on the circumstances 

that grantees may encounter that could 

result in indirect costs that exceed 10 

percent. 

Final Requirement 

We will announce the final 

requirement for the State Technical 

Assistance Projects to Improve Services 

and Results for Children Who Are DeafBlind and National Technical 

Assistance and Dissemination Center for 

Children Who Are Deaf-Blind (TA&D– 

DB) competition (CFDA Number: 

84.326T) in a document in the Federal 

Register. We will determine the final 

requirement after considering public 

comments on the proposed requirement 

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. 

This document does not solicit 

applications. In any year in which we 

choose to use this proposed 

requirement, we invite applications 

through a notice in the Federal Register. 

Executive Orders 12866, 13563, and 

13771 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 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 $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This proposed regulatory action is not 

a significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

Under Executive Order 13771, for 

each new regulation that the 

Department proposes for notice and 

comment or otherwise promulgates that 

is a significant regulatory action under 

Executive Order 12866 and that imposes 

total costs greater than zero, it must 

identify two deregulatory actions. For 

Fiscal Year 2018, any new incremental 

costs associated with a new regulation 

must be fully offset by the elimination 

of existing costs through deregulatory 

actions. However, Executive Order 

13771 does not apply to ‘‘transfer rules’’ 

that cause only income transfers 

between taxpayers and program 

beneficiaries, such as those regarding 

discretionary grant programs. The 

proposed requirement would be utilized 

in connection with a discretionary grant 

program and, therefore, Executive Order 

13771 is not applicable. 


sradovich on DSK3GMQ082PROD with PROPOSALS
28568 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 

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. 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 this proposed 

requirement based on a reasoned 

determination that the benefits would 

justify the costs. In choosing among 

alternative regulatory approaches, we 

selected this approach to 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 both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. This regulatory action 

may result in a subset of grantees under 

this program recovering less funds for 

indirect costs than they would 

otherwise have recovered prior to this 

proposed new maximum indirect cost 

rate, which could impact their 

operations. Further, it could result in 

particular entities not seeking funding 

under this program because of an 

inability to operate under this proposed 

new maximum indirect cost rate. 

However, we believe that the benefits to 

program beneficiaries of utilizing a 

higher percentage of program funds for 

direct services outweigh these costs. 

Paperwork Reduction Act of 1995 

This document does not contain 

Paperwork Reduction Act requirements. 

The Technical Assistance and 

Dissemination to Improve Services and 

Results for Children with Disabilities 

program has been approved by OMB to 

collect data under OMB 1820–0028. The 

proposed requirement would not impact 

the approved and active data collection. 

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. 

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 program contact persons 

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. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations 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 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. 

Dated: June 15, 2018. 

Johnny W. Collett, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2018–13269 Filed 6–19–18; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0542; FRL–9979– 

65—Region 4] 

Air Plan Approval; Tennessee: Knox 

County NSR Reform 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

several Tennessee State Implementation 

Plan (SIP) revisions submitted by the 

Tennessee Department of Environment 

& Conservation (TDEC), on behalf of 

Knox County’s Air Quality Management 

Division, on March 7, 2017, and April 

17, 2017. The SIP revisions modify the 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR) regulations in the Knox 

County portion of the Tennessee SIP to 

address changes to the federal new 

source review (NSR) regulations in 

recent years for the implementation of 

the national ambient air quality 

standards (NAAQS). Additionally, the 

SIP revisions include updates to Knox 

County’s minor source permitting 

regulations. This action is being 

proposed pursuant to the Clean Air Act 

(CAA or Act). 

DATES: Comments must be received on 

or before July 20, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. FDMS 

Docket ID Number EPA–R04–OAR– 

2017–0542 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 


sradovich on DSK3GMQ082PROD with PROPOSALS