### 15090 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Proposed Rules

reporting processes. When awards are made, grantees will already be fully aware of reporting requirements.

If you want to comment on the proposed information collection requirements, please send your comments to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for U.S. Department of Education. Send these comments by email to OIRA

_DOCKET@omb.gov or by fax to (202) 395–6974. You may also send a copy of these comments to the Department contact named in the

**ADDRESSES** section of this preamble or submit electronically through the Federal eRulemaking Portal at http:// www.regulations.gov by selecting Docket ID number ED–2014–OPE–0036.

Please be advised that the public comment period for submitting comments on the notice of proposed priorities (NPP) is the same for submitting comments on the information collection (IC); therefore, use the NPP Docket number as the identifier for both sets of comments. You may, however, submit the NPP comments and the IC comments separately in the regulations.gov site.

We have prepared an ICR for this collection. In preparing your comments you may want to review the ICR, which is available at www.reginfo.gov. Click on Information Collection Review. This proposed collection is identified as proposed collection 1840–0796 ED– 2014–OPE–0036.

We consider your comments on this proposed collection of information in—

• Deciding whether the proposed collection is necessary for the proper performance of our functions, including whether the information will have practical use;

• Evaluating the accuracy of our estimate of the burden of the proposed collection, including the validity of our methodology and assumptions;

• Enhancing the quality, usefulness, and clarity of the Information we collect; and

• Minimizing the burden on those who must respond. This includes exploring the use of appropriate automated, electronic, mechanical, or other technological collection techniques.

OMB is required to make a decision concerning the collection of information contained in these proposed regulations between 30 and 60 days after publication of this document in the Federal Register . Therefore, to ensure that OMB gives your comments full consideration, it is important that OMB receives your comments by April 17, 2014. This does not affect the deadline for your comments to us on the proposed regulations.

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 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/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 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.

Dated: March 12, 2014. Lynn B. Mahaffie, Senior Director, Policy Coordination, Development, and Accreditation Service, delegated the authority to perform the functions and duties of the Assistant Secretary for Postsecondary Education.
[FR Doc. 2014–05855 Filed 3–17–14; 8:45 am]

**BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 35**

**[EPA–R09–0AR–2014–0120; FRL–9908–06– Region 9]** 

**Clean Air Act Grant: South Coast Air Quality Management District;**  **Opportunity for Public Hearing**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed Action; determination with request for comments and notice of opportunity for public hearing.

**SUMMARY :**  The Environmental Protection Agency (EPA) has made a proposed determination that the reduction in expenditures of non-Federal funds for the South Coast Air Quality Management District (SCAQMD) in support of its continuing air program under section 105 of the Clean Air Act (CAA), for the calendar year 2013 is a result of non-selective reductions in expenditures. This determination, when final, will permit the SCAQMD to receive grant funding for FY2014 from the EPA under section 105 of the Clean Air Act.

**DATES :**  Comments and/or requests for a public hearing must be received by EPA at the address stated below by April 17,
2014.

**ADDRESSES :**  Submit comments, identified by docket ID No. EPA–R09– OAR–2014–0120, by one of the following methods:

1. Federal Portal: www.regulations.gov. Follow the online instructions.

2. Email to: lance.gary@epa.gov or 3. Mail to: Gary Lance (Air-8), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901.

**FOR FURTHER INFORMATION CONTACT :**  Gary Lance, EPA Region IX, Grants & Program Integration Office, Air Division, 75 Hawthorne Street, San Francisco, CA 94105; phone: (415) 972–3992, fax: (415) 947–3579 or email address at lance.gary@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Section 105 of the Clean Air Act (CAA) provides grant support for the continuing air programs of eligible state, local, and tribal agencies. In accordance with CAA section 105(a)(1)(A) and 40 CFR 35.145(a), the Regional Administrator may provide air pollution control agencies up to three-fifths of the approved costs of implementing programs for the prevention and control of air pollution. Section 105 contains two cost-sharing provisions which


### 15091 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Proposed Rules

recipients must meet to qualify for a CAA section 105 grant. An eligible entity must meet a minimum 40% match. In addition, to remain eligible for section 105 funds, an eligible entity must continue to meet the minimum match requirement as well as meet a maintenance of effort (MOE) requirement under section 105(c)(1) of the CAA and 40 CFR 35.146. Program activities relevant to the match consist of both recurring and non-recurring expenses. The MOE provision requires that a state or local agency spend at least the same dollar level of funds as it did in the previous grant year, but only for the costs of recurring activities. Specifically, section 105(c)(1) provides that ‘‘no agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year.’’ Pursuant to CAA section 105(c)(2), however, EPA may still award a grant to an agency not meeting the requirements of section 105(c)(1), ‘‘if the Administrator, after notice and opportunity for public hearing, determines that a reduction inexpenditures is attributable to a nonselective reduction in the expenditures in the programs of all Executive branch agencies of the applicable unit of Government.’’ These statutory requirements are repeated in EPA’s implementing regulations at 40 CFR 35.140 through 35.148. EPA issued additional guidance to recipients on what constitutes a nonselective reduction on September 30, 2011. In consideration of legislative history, the guidance clarified that a non-selective reduction does not necessarily mean that each Executive branch agency need be reduced in equal proportion. However, it must be clear to EPA, from the weight of evidence, that a recipient’s CAA-related air program is not being disproportionately impacted or singled out for a reduction.

A section 105 recipient must submit a final financial status report no later than 90 days from the close of its grant period that documents all of its federal and non-federal expenditures for the completed period. The recipient seeking an adjustment to its MOE for that period must provide the rationale and the documentation necessary to enable EPA to make a determination that a nonselective reduction has occurred. In order to expedite that determination, the recipient must provide details of the budget action and the comparative fiscal impacts on all the jurisdiction’s executive branch agencies, the recipient agency itself, and the agency’s air program. The recipient should identify any executive branch agencies or programs that should be excepted from comparison and explain why. The recipient must provide evidence that the air program is not being singled out for a reduction or being disproportionately reduced. Documentation in two key areas will be needed: Budget data specific to the recipient’s air program, and comparative budget data between the recipient’s air program, the agency containing the air program, and the other executive branch agencies. EPA may also request information from the recipient about how impacts on its program operations will affect its ability to meet its CAA obligations and requirements; and documentation which explains the cause of the reduction, such as legislative changes or the issuance of a new executive order.

In FY2013, EPA awarded the SCAQMD $5,135,895, which represented approximately 5% of the SCAQMD budget. In FY–2014, EPA intends to award the SCAQMD an estimate of $5,039,863, which represents approximately 5% of the SCAQMD budget.

SCAQMD’s final Federal Financial Report for FY–2012 indicated that SCAQMD’s maintenance of effort (MOE) level was 108,291,832. SCAQMD’s final Federal Financial Report for FY–2013 indicates that SCAQMD’s maintenance of effort (MOE) level is at $105,096,053.

The projected MOE is not sufficient to meet the MOE requirements under the CAA section 105 because it is not equal to or greater than the MOE for the previous fiscal year. In order for the SCAQMD to be eligible to receive its FY2014 CAA section 105 grant, EPA must make a determination, after notice and an opportunity for a public hearing, that the reduction in expenditures is attributable to a non-selective reduction in the expenditures in the programs of the South Coast Air Quality Management District. The shortfall stems from a decline of 8.9% in stationary sources revenue from FY2008–09 to FY2012–13, as reflected in the table below:



### C OMPARISON OF 

### STATIONARY 

### S OURCE 

### R EVENUES

Description Actual FY 2008–09 Actual FY 2012–13 Difference

Stationary Source Revenues ................................................................... $91,472,243 $83,307,359 ($8,164,884)

The SCAQMD is a single-purpose agency whose primary source of funding is emission fee revenue. It is the ‘‘unit of government for section 105 (c)(2) purposes.’’

The decline in stationary source revenues would have been even more pronounced had it not been for the SCAQMD Governing Board-adopted fee increases totaling 7.9% over the last four years. The net loss of stationary revenues has given SCAQMD no choice but to reduce its budget and find less costly ways to meet its mandates. Over the past several years, actions were undertaken by SCAQMD to balance its budget by reducing overall expenditures, including deleting or not funding vacant positions, implementing a hiring freeze, enacting pension reform, reducing services and supplies expenditures, and utilizing reserves.

Since FY2009–10, SCAQMD has supplemented revenues with $27.4 million in reserves to balance the budget and meet program requirements.

In addition to the conditionsdescribed above, an increase in nonrecurrent capital expenditures has also contributed to the decrease in the FY13 MOE level.

Based on: (1) SCAQMD’s inability to levy taxes, (2) regulated and voluntary emissions reductions, (3) the general economic downturn, (4) voter approval of Proposition 26, (5) an overall decline in stationary source revenue, (6) expenditure cuts, (7) use of financial reserves to balance the budget, and (8) an increase in non-recurrent capital expenditures, the request for a reset of SCAQMD’s MOE meets the criteria for a non-selective reduction determination.

Although SCAQMD receives less than 5 percent of its support from the section 105 grant, the loss of that funding would seriously impact SCAQMD’s ability to carry out its clean air program. The revenue generated from Stationary Sources over the last 10 years is detailed below.

Year Stationary

sources

2003 ...................................... 62,835,710 2004 ...................................... 61,461,482


### 15092 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Proposed Rules

Year Stationary

sources

2005 ...................................... 64,613,635 2006 ...................................... 68,483,189 2007 ...................................... 75,200,253 2008 ...................................... 82,800,004 2009 ...................................... 91,472,243 2010 ...................................... 81,097,647 2011 ...................................... 78,787,371 2012 ...................................... 79,815,562 2013 ...................................... 83,307,359

The SCAQMD’s MOE reduction resulted from a loss of revenues due to circumstances beyond its control. EPA proposes to determine that the SCAQMD lowering the FY2013 MOE level to $105,096,053 meets the CAA section 105(c) (2) criteria as resulting from a non-selective reduction of expenditures.

This notice constitutes a request for public comment and an opportunity for public hearing as required by the Clean Air Act. All written comments received by April 17, 2014 on this proposal will be considered. EPA will conduct a public hearing on this proposal only if a written request for such is received by EPA at the address above by April 17, 2014. If no written request for a hearing is received, EPA will proceed to the final determination. While notice of the final determination will not be published in the Federal Register

, copies of the determination can be obtained by sending a written request to Gary Lance at the above address.

Dated: March 5, 2014. Jared Blumenfeld, Regional Administrator, Region IX.
[FR Doc. 2014–05906 Filed 3–17–14; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R07–OAR–2013–0817; FRL–9908–01– Region 7]** 

**Approval and Promulgation of Implementation Plans; State of**  **Missouri**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) which were submitted to EPA on July 12, 2012. This submission revises two heavy duty diesel vehicle idling rules that are applicable in Kansas City and St. Louis. This revision provides clarity to the rules in the applicability section by listing owners and operators of passenger load/unload locations where commercial, public and institutional heavy-duty vehicles load or unload passengers. The affected parties were unintentionally omitted from the applicability section of the rule even though they are required to comply with the rule in the general provisions section. These revisions do not have an adverse affect on air quality. EPA’s approval of these SIP revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

**DATES :**  Comment by April 17, 2014.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R07– OAR–2013–0817, by mail to Paula Higbee, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the **ADDRESSES** section of the direct final rule located in the rules section of this Federal Register

. **FOR FURTHER INFORMATION CONTACT :**  Paula Higbee, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913–551–7028, or by email at Higbee.paula@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the final rules section of this Federal Register , EPA is approving the state’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register

. Dated: March 3, 2014. Karl Brooks, Regional Administrator, Region 7.
[FR Doc. 2014–05823 Filed 3–17–14; 8:45 am]

**BILLING CODE 6560–50–P**

**FEDERAL COMMUNICATIONS COMMISSION** 

**47 CFR Part 69**

**[WC Docket No. 05–25, RM–10593; DA 14– 302]** 

**Special Access Proceeding; Comment Deadline Extended** 

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Proposed rule; extension of comment and reply comment period.

**SUMMARY :**  In this document, the Wireline Competition Bureau (Bureau) extends the deadline for filing comments and reply comments on section IV.B of the Further Notice of Proposed Rulemaking in the special access proceeding. This extension is necessary to allow time for the Federal Communications Commission (Commission) to collect data on the special access market prior to the submission of comments and replies.

**DATES :**  Comments for section IV.B are due on or before October 6, 2014, and reply comments are due on or before November 17, 2014.

**ADDRESSES :**  You may submit comments identified by WC Docket No. 05–25 and RM–10593 by any of the following methods:

D Federal Communications Commission’s Web site: http:// fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.

D 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.

**FOR FURTHER INFORMATION CONTACT :**  William Layton, Pricing Policy Division, Wireline Competition Bureau, 202–418–
0868 or William.Layton@fcc.gov.

**SUPPLEMENTARY INFORMATION :**  This is a synopsis of the Commission’s document, WC Docket No. 05–25, RM– 10593; DA 14–302, released March 5, 2014. The full text of this document is available for public inspection and