Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 63913 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866 

(Regulatory Planning and Review). 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: August 28, 2013. 

Allen D. Klein, 

Director, Western Region. 

[FR Doc. 2013–25165 Filed 10–24–13; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapters I–VI 

[Docket ID ED–2013–OII–0110] 

RIN 1894–AA05 

Proposed Priority—Promise Zones 

AGENCY: Department of Education. 

ACTION: Proposed priority. 

SUMMARY: The Secretary of Education 

(Secretary) proposes a priority that the 

Department of Education (Department) 

may use for any appropriate 

discretionary grant program in fiscal 

year (FY) 2014 and future years. We take 

this action to focus Federal financial 

assistance on expanding the number of 

Department programs and projects that 

support activities in designated Promise 

Zones. 

This action will permit all offices in 

the Department to use this priority, as 

appropriate, in any discretionary grant 

competition. 

DATES: We must receive your comments 

on or before November 25, 2013. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or email. 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 This Site.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these proposed 

regulations, address them to Jane 

Hodgdon, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 4W219, LBJ, Washington, DC 

20202–3970. 

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 

they wish to make publicly available. 

FOR FURTHER INFORMATION CONTACT: Jane 

Hodgdon. Telephone: 202–453–6620. Or 

by email: Jane.Hodgdon@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 

proposed priority. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 12866 

and 13563 and their overall requirement 

of reducing regulatory burden that 

might result from this proposed priority. 

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 notice by accessing 

Regulations.gov. You may also inspect 

the comments in person in room 

4W335, 400 Maryland Avenue SW., 

Washington, DC, between the hours of 

8:30 a.m. and 4:00 p.m., Washington, 

DC time, Monday through Friday of 

each week except Federal holidays. 

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 notice. 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. 

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

3474. 

PROPOSED PRIORITY: 

Background: 

The Secretary proposes a priority that 

the Department may use, as appropriate, 

for discretionary grant competitions in 

FY 2014 and future years. This priority 

will allow the Department and, by 

extension, program participants to focus 

limited Federal resources in designated 

Promise Zones. The Secretary 

recognizes that this priority will not be 

appropriate for all discretionary grant 

programs. 

A child’s zip code should never 

determine his or her destiny; but today, 

the neighborhood a child grows up in 

affects his or her odds of graduating 

from high school, health outcomes, and 

lifetime economic opportunities. 

Collaborative efforts among private 

businesses and Federal, State, and local 

officials; faith-based and non-profit 

organizations; and families, children, 

and students can help change these 

odds and ensure that all children have 

the opportunity to earn a decent living 

when they reach adulthood. 

Since 2009, the President has 

provided tools to combat poverty, 

investing more than $350 million in 100 

of the Nation’s persistent pockets of 

poverty. Building on those efforts, the 

President has announced an initiative to 

designate, over the next 4 years, 20 

high-poverty communities as ‘‘Promise 

Zones’’ where the Federal government 

will partner with, and invest in, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
63914 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 

communities to create jobs, leverage 

private investment, increase economic 

activity, improve educational 

opportunities, and improve public 

safety. Co-led by the U.S. Departments 

of Housing and Urban Development, 

Education, Agriculture, and Justice, 

Promise Zones are part of the 

President’s Ladders of Opportunity plan 

to ensure that hard-working Americans 

make it to the middle class. 

Promise Zones will align the work of 

multiple Federal programs in highpoverty urban, rural, and tribal 

communities that have both substantial 

needs and a strong, evidence-based plan 

to address them. The five primary goals 

of Promise Zones are creating jobs, 

increasing economic activity, improving 

educational opportunities, reducing 

violent crime, and leveraging private 

investment. The initiative builds on 

lessons learned from existing placebased programs, such as the 

Department’s Promise Neighborhoods 

program. 

In order to be designated as a Promise 

Zone, communities must demonstrate 

the strength and effectiveness of their 

local commitment through a 

competitive, transparent process 

managed by the U.S. Department of 

Housing and Urban Development and 

the U.S. Department of Agriculture. 

Designated Promise Zones must identify 

a set of outcomes they will pursue to 

revitalize their communities, develop a 

strategy to achieve and sustain those 

outcomes, and realign local, State, 

Federal and, as applicable, private 

resources accordingly. The Federal 

government will partner with the 

Promise Zones to help them access the 

resources and expertise they need, 

including the resources from the 

President’s signature revitalization 

initiatives to ensure that Federal 

programs and resources support the 

efforts to transform these communities. 

Specifically, Promise Zones will: 

Receive Promise Zones tax incentives, if 

enacted by Congress, to stimulate hiring 

and business investment; benefit from 

an intensive Federal partnership 

through collaboration with Federal staff 

to provide specialized technical 

assistance; and have increased access to 

additional investments that further the 

goals of job creation, additional private 

investments, increased economic 

activity, improved educational 

opportunity, and reduction in violent 

crime. 

For calendar year 2013, only 

communities that have previously been 

granted funds under one of a related set 

of Federal programs (Choice 

Neighborhoods, Promise 

Neighborhoods, Byrne Criminal Justice 

Innovation grants, Stronger Economies 

Together, Rural Jobs Accelerator, and 

Sustainable Housing and Communities) 

will be eligible to apply to the 

Department of Housing and Urban 

Development for designation as Promise 

Zones. Each of these programs is 

nationally competitive, and 

participation indicates a level of 

capacity among local institutions that 

promotes the success of Promise Zones. 

In calendar year 2013, the Department 

of Housing and Urban Development is 

planning to propose for public comment 

eligibility requirements and selection 

criteria for future Promise Zones 

competitions. (For additional 

information about eligibility for a 

Promise Zone designation, draft 

selection criteria for 2013, and the 

selection process, please visit the 

Promise Zones Web page: www.hud.gov/ 

promisezones. The Department of 

Housing and Urban Development 

published a notice estimating the 

burden for applying for a 2013 Promise 

Zones designation in the Federal 

Register on August 7, 2013 (78 FR 

48182).) 

To ensure that the Department’s 

discretionary grant programs can 

provide, where appropriate, the 

increased access to additional 

investments for Promise Zones, the 

Secretary proposes a priority for projects 

that will serve and coordinate with a 

federally designated Promise Zone. 

Proposed Priority—Promise Zones. 

Projects that are designed to serve and 

coordinate with a federally designated 

Promise Zone. 

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)). 

Final Priority: We will announce the 

final priority in a notice in the Federal 

Register. We will determine the final 

priority after considering responses to 

this notice and other information 

available to the Department. This notice 

does not preclude us from proposing 

additional priorities, requirements, 

definitions, or selection criteria, subject 

to meeting applicable rulemaking 

requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use this priority, we invite applications 

through a notice in the Federal Register. 

Executive Orders 12866 and 13563 

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 

set forth in the Executive order. 

This proposed regulatory action is a 

significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

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); 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 63915 

(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 proposing this priority only on 

a reasoned determination that its 

benefits would justify its costs. In 

choosing among alternative regulatory 

approaches, we selected the approach 

that would maximize net benefits. Based 

on the analysis that follows, the 

Departments believe that this regulatory 

action is consistent with the principles 

in Executive Order 13563. 

We also have determined that this 

proposed 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. The potential costs 

associated with this regulatory action 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

Intergovernmental Review: Some of 

the programs affected by this proposed 

priority are 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. 

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 contact person 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. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fedsys. 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 document 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: October 21, 2013. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2013–25006 Filed 10–24–13; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL SERVICE 

39 CFR Part 111 

New Mailing Standards for Domestic 

Mailing Services Products 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: On September 26, 2013, the 

Postal Service filed a notice of mailing 

services price adjustments with the 

Postal Regulatory Commission (PRC), 

effective January 2014. This proposed 

rule contains the revisions to Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM®) 

that we would adopt to implement the 

changes coincident with the price 

adjustments. 

DATES: We must receive comments on or 

before November 25, 2013. 

ADDRESSES: Mail or deliver written 

comments to the manager, Product 

Classification, U.S. Postal Service®, 475 

L’Enfant Plaza SW., Room 4446, 

Washington, DC, 20260–5015. You may 

inspect and photocopy all written 

comments at USPS® Headquarters 

Library, 475 L’Enfant Plaza SW., 11th 

Floor N, Washington DC by 

appointment only between the hours of 

9 a.m. and 4 p.m., Monday through 

Friday by calling 1–202–268–2906 in 

advance. Faxed comments will not be 

accepted. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield at 202–268–7278, Lizbeth 

Dobbins at 202–268–3789, or Steve 

Monteith at 202–268–6983. 

SUPPLEMENTARY INFORMATION: Proposed 

prices will be available under Docket 

No. R2013–10 on the Postal Regulatory 

Commission’s Web site at www.prc.gov. 

The Postal Service’s proposed rule 

includes new pricing eligibility for retail 

and commercial nonpresorted FirstClass Mail® letters, several mail 

classification changes, and some 

condensing of current standards for 

Periodicals publications. 

Proposed Change for Letters 

Retail and Commercial First-Class Mail®

Letters 

The Postal Service proposes to add a 

new single-piece commercial 

nonpresorted First-Class Mail letter 

price category to be called Metered Mail 

price. Prices for this category are 

separate from other retail single-piece 

First-Class Mail letters and would apply 

for First-Class Mail letters when postage 

is affixed or imprinted by the mailer for 

metered indicia, PCPostage, precanceled 

stamps, or permit imprint. The price 

also would be available for single-piece 

retail letters when postage is paid as 

described. There would be no minimum 

volume, except for pieces paid by 

permit imprint, for which the existing 

minimum of at least 200 pieces would 

apply. These prices also would apply to 

residual pieces from automation or 

presorted First-Class Mail letter 

mailings, presented in letter trays. When 

such residual pieces are part of a permit 

imprint mailing for the presorted or 

automation mailing, and claimed on the 

same postage statement as the primary 

mailing, there would be no separate 

minimum number of pieces for the 

commercial nonpresorted portion. 

The Postal Service proposes to change 

the current price structure for residual 

First-Class Mail letters. Residuals from 

uniform 1-ounce presort letter mailings 

will pay the 1-ounce Metered letter 

price. Residuals from uniform 2-ounce 

presort letter mailings will pay the 2- 

ounce Metered letter price Residuals 

from mixed mailings of 1-ounce and 2- 


tkelley on DSK3SPTVN1PROD with PROPOSALS