31340 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 

end of the fiscal year occurs on September 30 

for any given year. 

Note 2: In considering applications for 

grants under this program, the Department 

will compare the data and documentation the 

institution relied on in its application with 

data reported to the Department’s Integrated 

Postsecondary Education Data System 

(IPEDS), the IHE’s State-reported enrollment 

data, and the institutional annual report. If 

different percentages or data are reported in 

these various sources, the institution must, as 

part of the eligibility process, explain the 

reason for the differences. If the IPEDS data 

show that less than 25 percent of the 

institution’s undergraduate FTE students are 

Hispanic, the burden is on the institution to 

show that the IPEDS data are inaccurate. If 

the IPEDS data indicate that the institution 

has an undergraduate FTE less than 25 

percent, and the institution fails to 

demonstrate that the IPEDS data are 

inaccurate, the institution will be considered 

ineligible. 

Proposed Requirement 2—Use of TieBreaking Factors 

To resolve ties in the reader scores of 

applications for development grants, the 

Department will award one additional 

point to an application from an 

institution of higher education (IHE) 

that has an endowment fund for which 

the market value per full-time 

equivalent (FTE) student is less than the 

comparable average current market 

value of the endowment funds per FTE 

student at similar type IHEs. In 

addition, to resolve ties in the reader 

scores of applications for PPHOA 

development grants, the Department 

will award one additional point to an 

application from an IHE that has 

expenditures for library materials per 

FTE student that are less than the 

comparable average expenditures for 

library materials per FTE student at 

similar type IHEs. (34 CFR 606.23(a)(1) 

and (2)). 

For the purpose of these funding 

considerations, we will use 2008–2009 

data. 

If a tie remains after applying the tiebreaker mechanism above, priority will 

be given for Individual Development 

Grants to applicants that have the 

lowest endowment values per FTE 

student. (34 CFR § 606.23(b)(1)) 

Proposed Requirement 3—Limit on 

Applications From an Eligible 

Institution 

In any fiscal year, an eligible 

institution may submit only one 

application for a grant under the 

PPOHA Program. This restriction is 

intended to ensure that more Hispanicserving institutions have an opportunity 

for assistance under Title V of the 

Higher Education Act of 1965, as 

amended. 

Proposed Requirement 4—Limit on Use 

of Funds for Direct Student Assistance 

A PPOHA Program grantee may use 

no more than 20 percent of its total 

PPOHA Program grant award to provide 

financial support—in the form of 

scholarships, fellowships, and other 

student financial assistance—to lowincome students. 

Final Requirements: We will 

announce the final requirements in a 

notice in the Federal Register. We will 

determine the final requirements after 

considering responses to this notice and 

other information available to the 

Department. This notice does not 

preclude us from proposing additional 

requirements subject to meeting 

applicable rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use one or more of these requirements, we 

invite applications through a notice in the 

Federal Register. 

Executive Order 12866: This notice 

has been reviewed in accordance with 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this 

proposed regulatory action. 

The potential costs associated with 

this proposed regulatory action are 

those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering this program effectively 

and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this proposed regulatory 

action, we have determined that the 

benefits of the proposed requirements 

justify the costs. 

We have determined, also, that this 

proposed regulatory action does not 

unduly interfere with State, local, and 

Tribal governments in the exercise of 

their governmental functions. 

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 computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to This Document: 

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) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: 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 on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Daniel T. Madzelan, Director, 

Forecasting and Policy Analysis for the 

Office of Postsecondary Education, to 

perform the functions and duties of the 

Assistant Secretary for Postsecondary 

Education. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.031M. 

Dated: May 25, 2010. 

Daniel T. Madzelan, 

Director, Forecasting and Policy Analysis. 

[FR Doc. 2010–13318 Filed 6–2–10; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0158; FRL–9158–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Section 110(a)(2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the State of Delaware 

pursuant to the Clean Air Act (CAA) 

sections 110(k)(2) and (3). These 

submittals address the infrastructure 

elements specified in the CAA section 

110(a)(2) necessary to implement, 

maintain, and enforce the 1997 8-hour 

ozone and fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS), and the 2006 PM2.5 NAAQS. 

This proposed action is limited to the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 31341 

following infrastructure elements which 

were subject to EPA’s completeness 

findings pursuant to CAA section 

110(K)(1) for the 1997 8-hour ozone 

NAAQS, dated March 27, 2008, and the 

1997 PM2.5 NAAQS, dated October 22, 

2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M), or 

portions thereof. 

DATES: Written comments must be 

received on or before July 6, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0158 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina

@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0158, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010–

0158. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http://

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Wentworth, (215) 814–2034, or by 

e-mail at wentworth.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS (62 FR 

38856) and a new PM2.5 NAAQS (62 FR 

38652). The revised ozone NAAQS is 

based on 8-hour average concentrations. 

The 8-hour averaging period replaced 

the previous 1-hour averaging period, 

and the level of the NAAQS was 

changed from 0.12 parts per million 

(ppm) to 0.08 ppm. The new PM2.5

NAAQS established a health-based 

PM2.5 standard of 15.0 micrograms per 

cubic meter (μg/m3) based on a 3-year 

average of annual mean PM2.5

concentrations, and a 24-hour standard 

of 65μg/m3 based on a 3-year average of 

the 98th percentile of 24-hour 

concentrations. EPA strengthened the 

24-hour PM2.5 NAAQS from 65μg/m3 to 

35μg/m3 on October 17, 2006 (71 FR 

61144). 

Section 110(a) of the CAA requires 

States to submit State Implementation 

Plans (SIPs) that provide for the 

implementation, maintenance, and 

enforcement of new or revised NAAQS 

within three years following the 

promulgation of such NAAQS. In March 

of 2004, Earthjustice initiated a lawsuit 

against EPA for failure to take action 

against States that had not made SIP 

submissions to meet the requirements of 

sections 110(a)(1) and (2) for the 1997 8- 

hour ozone and PM2.5 NAAQS, i.e., 

failure to make a ‘‘finding of failure to 

submit the required SIP 110(a) SIP 

elements.’’ On March 10, 2005, EPA 

entered into a Consent Decree with 

Earthjustice that obligated EPA to make 

official findings in accordance with 

section 110(k)(1) of the CAA as to 

whether States have made required 

complete SIP submissions, pursuant to 

sections 110(a)(1) and (2), by December 

15, 2007 for the 1997 8-hour ozone 

NAAQS, and by October 5, 2008 for the 

1997 PM2.5 NAAQS. EPA made such 

findings for the 1997 8-hour ozone 

NAAQS on March 27, 2008 (73 FR 

16205) and on October 22, 2008, (73 FR 

62902) for the 1997 PM2.5 NAAQS. 

These completeness findings did not 

include findings relating to: (1) Section 

110(a)(2)(C) to the extent that such 

subsection refers to a permit program as 

required by part D Title I of the CAA; 

(2) section 110(a)(2)(I); and (3) section 

110(a)(2)(D)(i), which has been 

addressed by a separate finding issued 

by EPA on April 25, 2005 (70 FR 21147). 

Therefore this action does not cover 

these specific elements. 

II. Summary of State Submittals 

Delaware provided multiple 

submittals to satisfy section 110(a)(2) 

requirements that are the subject of this 

proposed action for the 1997 8-hour 

ozone NAAQS, and the 1997 and 2006 

PM2.5 NAAQS. The submittals shown in 

Table 1 addressed the infrastructure 

elements, or portions thereof, identified 

in section 110(a)(2) that EPA is 

proposing to approve. 

TABLE 1—110(a)(2) ELEMENTS OR PORTIONS THEREOF, EPA IS PROPOSING TO APPROVE FOR THE 1997 OZONE AND

PM2.5 AND THE 2006 PM2.5 NAAQS 

Submittal date 1997 8-Hour ozone 1997 PM2.5 2006 PM2.5

December 13, 2007 ......... A, B, C, D(ii), E, F, G, H, J, K, L, M A, B, C, D(ii), E, F, G, H, J, K, L, M.

March 12, 2008 ................ ....................................................... C and J.

September 19, 2008 ........ G.


srobinson on DSKHWCL6B1PROD with PROPOSALS
31342 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 

TABLE 1—110(a)(2) ELEMENTS OR PORTIONS THEREOF, EPA IS PROPOSING TO APPROVE FOR THE 1997 OZONE AND

PM2.5 AND THE 2006 PM2.5 NAAQS—Continued 

Submittal date 1997 8-Hour ozone 1997 PM2.5 2006 PM2.5

September 16, 2009 ........ A, B, C, D(ii), E, F, G, H, J, K, L, M A, B, C, D(ii), E, F, G, H, J, K, L, M A, B, C, D(ii), E, F, G, H, J, K, L, M. 

March 10, 2010 ................ ....................................................... G ........................................................ G. 

EPA has analyzed the above identified 

submissions and is proposing to make a 

determination that such submittals meet 

the requirements of section 110(a)(2)(A), 

(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M), or portions thereof. A 

detailed summary of EPA’s review and 

rationale for approving Delaware’s 

submittals may be found in the 

Technical Support Document (TSD) for 

this action, which is available on line at 

http://www.regulations.gov, Docket 

number EPA–R03–OAR–2010–0158. 

III. Proposed Action 

EPA is proposing to approve 

Delaware’s submittals that provide the 

basic program elements specified in the 

CAA sections 110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M), or portions thereof, necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS, 

and the 2006 PM2.5 NAAQS. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, 

pertaining to Delaware’s section 

110(a)(2) infrastructure requirements for 

the 1997 8-hour ozone and PM2.5

NAAQS, and the 2006 PM2.5 NAAQS 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the State, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 21, 2010. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–13379 Filed 6–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1120] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or to show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before September 1, 2010. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is available for inspection at 

the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1120, to Kevin 

C. Long, Acting Chief, Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2820, 

or (e-mail) kevin.long@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 


srobinson on DSKHWCL6B1PROD with PROPOSALS