Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 6475 

• Does the format of the proposed 

priorities, requirements, and definition 

(grouping and order of sections, use of 

headings, paragraphing, etc.) aid or 

reduce their clarity? 

• Would the proposed priorities, 

requirements, and definition be easier to 

understand if we divided them into 

more (but shorter) sections? 

• Could the description of the 

proposed priorities, requirements, and 

definition in the SUPPLEMENTARY

INFORMATION section of this preamble be 

more helpful in making the proposed 

priorities, requirements, and definition 

easier to understand? If so, how? 

• What else could we do to make the 

proposed priorities, requirements, and 

definition easier to understand? 

To send any comments that concern 

how the Department could make these 

proposed priorities, requirements, and 

definition 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 

definition would not have a significant 

economic impact on a substantial 

number of small entities. 

The small entities that this proposed 

regulatory action would affect are IHEs 

that meet the eligibility requirements 

described in section 241(1) of the HEA. 

The Secretary believes that the costs 

imposed on applicants by the proposed 

priorities, requirements, and definition 

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 definition 

would impose no burden on small 

entities unless they applied for funding 

under the program. We expect that in 

determining whether to apply for 

Hawkins Program funds, an eligible 

applicant would evaluate the 

requirements of preparing an 

application and any associated costs, 

and weigh them against the benefits 

likely to be achieved by receiving a 

Hawkins Program grant. 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 the teacher shortage 

present in the Nation’s high need-need 

public schools. 

This proposed regulatory action 

would not have a significant economic 

impact on a small entity once it receives 

a grant because it would be able to meet 

the costs of compliance using the funds 

provided under this program. We invite 

comments from eligible small entities as 

to whether they believe this proposed 

regulatory action would have a 

significant economic impact on them 

and, if so, request evidence to support 

that belief. 

Paperwork Reduction Act of 1995 

These proposed priorities, 

requirements, and definition 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 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. 

Nasser Paydar, 

Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2024–01972 Filed 1–31–24; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0096; FRL–11663– 

01–R4] 

Air Plan Approval; Florida; Revisions 

to the State Implementation Plan 

Conformity Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the Florida 

Department of Environmental Protection 

(FDEP) through a letter dated August 12, 

2022. The revision updates the general 

conformity portion of the conformity 

rule in Florida’s SIP. EPA is proposing 

to approve these changes pursuant to 

the Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before March 4, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2023–0096 at 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 you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
6476 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 

1 ‘‘Federal action’’ is defined at 40 CFR 93.152 as 

‘‘any activity engaged in by a department, agency, 

or instrumentality of the Federal government, or 

any activity that a department, agency or 

instrumentality of the Federal government supports 

in any way, provides financial assistance for, 

licenses, permits, or approves, other than activities 

related to transportation plans, programs, and 

projects developed, funded, or approved under title 

23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 

et seq.). Where the Federal action is a permit, 

license, or other approval for some aspect of a nonFederal undertaking, the relevant activity is the 

part, portion, or phase of the non-Federal 

undertaking that requires the Federal permit, 

license, or approval.’’ 

2For more information on general conformity, see 

https://www.epa.gov/general-conformity. 

3The August 12, 2022, submittal transmits 

several changes to other Florida SIP-approved rules. 

These changes are not addressed in this proposed 

rulemaking and will be considered by EPA in 

separate rulemakings. In addition, EPA will not act 

on subsections 62–204.500(1)(a)–(1)(d), F.A.C., 

because they were withdrawn from EPA 

consideration in a letter dated January 5, 2024, 

which is in the docket for this proposed 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

Mr. Ortiz can be reached via phone 

number (404) 562–8085 or via electronic 

mail at ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

General conformity is a requirement 

of CAA section 176(c). General 

conformity prohibits Federal actions 

within nonattainment and maintenance 

areas unless the emissions from the 

actions conform to the applicable SIP, 

Tribal Implementation Plan (TIP), or 

Federal Implementation Plan (FIP) for 

the area.1 Conformity to an 

implementation plan means conformity 

to an implementation plan’s purpose of 

eliminating or reducing the severity and 

number of violations of the national 

ambient air quality standards (NAAQS 

or standards) and achieving expeditious 

attainment of such standards. See 

section 176(c)(1). Under general 

conformity, Federal actions cannot: (1) 

Cause or contribute to any new violation 

of any standard in any area; (2) increase 

the frequency or severity of any existing 

violation of any air quality standard in 

any area; or (3) or delay timely 

attainment of any standard, any 

required interim emission reductions, or 

any other milestones, in any area. Id. 

EPA promulgated two sets of 

conformity regulations in November 

1993 to implement section 176(c) of the 

CAA. First, EPA promulgated 

transportation conformity regulations, 

which apply to highways and mass 

transit, on November 24, 1993. See 58 

FR 62188. These regulations establish 

the criteria and procedures for 

determining whether transportation 

plans, programs, and projects funded 

under 23 U.S.C. or the Federal Transit 

Act (40 U.S.C. chapter 53) conform with 

implementation plans. EPA 

subsequently revised the transportation 

conformity regulations several times. 

See 69 FR 40004 (July 1, 2004); 70 FR 

24280 (May 6, 2005); 71 FR 12468 

(March 10, 2006); and 73 FR 4420 

(January 24, 2008). Second, on 

November 30, 1993, EPA promulgated 

the general conformity regulations at 40 

CFR part 51, subpart W and 40 CFR part 

93, subpart B, which applied to all other 

Federal actions to ensure they 

conformed with implementation plans. 

See 58 FR 63214. EPA has revised its 

general conformity regulations twice. 

See 71 FR 40420 (July 17, 2006) and 75 

FR 17254 (April 5, 2010). As part of the 

2010 revisions, EPA revised its general 

conformity regulations to remove rules 

from 40 CFR part 51, subpart W that 

were duplicative of those in 40 CFR part 

93, subpart B. See 75 FR 17254 (April 

5, 2010).2

Florida Rule 62–204.500, Florida 

Administrative Code (F.A.C.), 

Conformity, addresses general 

conformity in paragraph (1). EPA 

incorporated Rule 62–204.500 into the 

Florida SIP in a direct final rule on 

August 11, 2003. See 68 FR 47468. 

Since then, Florida has amended Rule 

62–204.500, and those changes are the 

subject of this notice of proposed 

rulemaking (NPRM).3

II. EPA’s Analysis of Florida’s 

Submittal 

Florida’s August 12, 2022, SIP 

revision updates Rule 62–204.500, 

Conformity. Specifically, the SIP 

revision changes the ‘‘General 

Conformity’’ section at paragraph (1) by 

updating cross-references. 

Florida’s SIP revision updates two 

cross-references in paragraph (1) of Rule 

62–204.500. Specifically, the revision 

replaces two cross-references that refer 

to 40 CFR part 51, subpart W, with 

references to 40 CFR part 93, subpart B. 

The SIP-approved version of paragraph 

(1), states that it applies to state review 

of all Federal general conformity 

determinations submitted to the state 

pursuant to 40 CFR part 51, subpart W. 

It also states that pursuant to 40 CFR 

part 51, subpart W, Federal agencies are 

required to make conformity 

determinations to ensure that certain 

Federal actions are consistent with the 

SIP. As mentioned in Section I of this 

notice, EPA removed rules from 40 CFR 

part 51, subpart W that were duplicative 

of those in 40 CFR part 93, subpart B. 

Because the SIP-approved version of 

Rule 62–204.500 relies on the 

duplicative rules that EPA removed 

from 40 CFR part 51, the SIP-approved 

rule is outdated. EPA is proposing to 

approve the changes to paragraph (1) 

because they update the cross-references 

to the correct location of the 

implementing requirements for general 

conformity. 

III. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, and as discussed in Section II of 

this preamble, the EPA is proposing to 

incorporate by reference Florida Rule 

62–204.500, F.A.C., Conformity, state 

effective on October 23, 2016, except for 

62–204.500(1)(a), 62–204.500(1)(b), 62– 

204.500(1)(c), and 62–204.500(1)(d). The 

EPA has made, and will continue to 

make, the SIP generally available 

through www.regulations.gov and at the 

EPA Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Proposed Action 

For the reasons discussed above, EPA 

is proposing to approve the August 12, 

2022, Florida SIP revision updating 

Rule 62–204.500, Conformity, in the 

Florida SIP. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. Accordingly, this proposed 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 6477 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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 CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The FDEP did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

action. Due to the nature of the action 

being proposed here, this proposed 

action is expected to have a neutral to 

positive impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving EJ for people 

of color, low-income populations, and 

Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: January 17, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–01670 Filed 1–31–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0, 1, and 16 

[GN Docket No. 22–69; FCC 23–100; FR ID 

197453] 

Implement the Infrastructure 

Investment and Jobs Act: Prevention 

and Elimination of Digital 

Discrimination 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) proposes rules regarding 

affirmative obligations for broadband 

providers, through: annual reports that 

facilitate greater transparency regarding 

substantial broadband projects recently 

completed by providers, and internal 

compliance programs requiring periodic 

evaluation of the demographics of 

communities served—and not served— 

by such recently completed projects, as 

well as pending and planned substantial 

projects. The Commission also seeks 

comment on establishing am Office of 

Civil Rights. 

DATES: Comments are due on or before 

March 4, 2024, and reply comments are 

due on or before April 1, 2024. Written 

comments on the Paperwork Reduction 

Act proposed information collection 

requirements must be submitted by the 

public and other interested parties on or 

before April 1, 2024. 

ADDRESSES: You may submit comments, 

identified by GN Docket No. 22–69, by 

any of the following methods: 

• Federal Communications 

Commission’s Website: http://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• People With Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. Send a copy 

of your comment on the proposed 

information collection to Nicole Ongele, 

FCC, via email to PRA@fcc.gov or 

Nicole.Ongele@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Wireline Competition Bureau, 

Competition Policy Division, Aure ́lie 

Mathieu, at (202) 418–2194, 

Aurelie.Mathieu@fcc.gov. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contained in this 

document, send an email to PRA@

fcc.gov or contact Nicole Ongele, 

Nicole.Ongele@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking (Further 

Notice) in GN Docket No. 22–69, FCC 

23–100, adopted on November 15, 2023, 

and released on November 20, 2023. 

The full text of this document is 

available for download at https://

docs.fcc.gov/public/attachments/FCC23-100A1.pdf. To request materials in 

accessible formats for people with 

disabilities (e.g., braille, large print, 

electronic files, audio format, etc.), send 

an email to FCC504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). 

Providing Accountability Through 

Transparency Act: The Providing 

Accountability Through Transparency 

Act, Public Law 118–9, requires each 

agency, in providing notice of a 

rulemaking, to post online a brief plainlanguage summary of the proposed rule. 

The required summary of this Further 

Notice of Proposed Rulemaking is 

available at https://www.fcc.gov/ 

proposed-rulemakings. 

Initial Paperwork Reduction Act of 

1995 Analysis: This document contains 

proposed information collection 

requirements. The Commission, as part 


ddrumheller on DSK120RN23PROD with PROPOSALS1