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times extend 100 yards on either side of
the race participants and safety vessels.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Key West in the
enforcement of the regulated area.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port
Key West or a designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port Key West
by telephone at (305) 292–8727, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Key West or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Key West or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective date. This rule is
effective from 7:30 a.m. until 3:30 p.m.
on June 28, 2014.
Dated: February 24, 2014.
A. S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2014–05864 Filed 3–17–14; 8:45 am]
BILLING CODE 9110–04–P

DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket No. ED–2014–OPE–0037; CFDA
Number: 84.229A.]

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Proposed Priority—Language
Resource Centers Program
Office of Postsecondary
Education, Department of Education.
ACTION: Proposed priority.
AGENCY:

The Acting Assistant
Secretary for Postsecondary Education
proposes a priority for the Language
Resource Centers (LRC) Program
administered by the International and

SUMMARY:

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Foreign Language Education (IFLE)
Office. The Acting Assistant Secretary
may use this priority for competitions in
fiscal year (FY) 2014 and later years. We
take this action to focus Federal
financial assistance on an identified
national need. We intend the priority to
make international education
opportunities available to more
American students.
DATES: We must receive your comments
on or before April 17, 2014.
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 ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Michelle
Guilfoil, U.S. Department of Education,
1990 K Street NW., room 6107,
Washington, DC 20006–8502.
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:
Michelle Guilfoil. Telephone: (202)
502–7625 or by email:
mailto:[email protected].
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. To ensure that your
comments have maximum effect in
developing the final priority, we urge
you to identify clearly the section of the
proposed priority that each comment
addresses.
We invite you to assist us in
complying with the specific

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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 in room 6099, 1990 K
St., NW., 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.
Purpose of Program: The purpose of
the LRC Program is to provide grants for
establishing, strengthening, and
operating centers that serve as resources
for improving the Nation’s capacity for
teaching and learning foreign languages
through teacher training, research,
materials development, and
dissemination projects.
Program Authority: 20 U.S.C. 1123.

Applicable Program Regulations: 34
CFR parts 655 and 669.
Proposed Priority: This notice
contains one proposed priority.
Background
Through the LRC Program, the
Department makes awards to
institutions of higher education or
consortia of institutions of higher
education to establish, strengthen, and
operate centers that serve as resources
for improving the Nation’s capacity for
teaching and learning foreign languages
through teacher training, research,
materials development, and
dissemination projects. The objective of
the LRC Program is to increase the
national capacity in world language
instruction and learning and to promote
the research and dissemination of
effective language instruction materials
and techniques, among other allowable
activities.
We propose a priority for applications
that propose collaborative activities
with a Minority-Serving Institution
(MSI) or community college. We intend

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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Proposed Rules
for this priority to address a gap in the
types of institutions, faculty, and
students that have historically
benefitted from the instruction, training,
and outreach available at Language
Resource Centers. Currently, the
Language Resource Centers conduct
collaborative activities with MSIs and
with community colleges only ad hoc,
which limits the extent to which the
training and research resources of those
centers are available to and accessed by
students and faculty at MSIs and
community colleges. We believe that by
specifying the types of institutional
collaborations that the Language
Resource Centers should engage in, and
the types of collaborative activities they
should conduct, the activities are more
likely both to have a meaningful and
measurable effect on students and
faculty at MSIs and community colleges
and be institutionalized and sustained.
Research data indicate that minority
students are less likely to have access to,
or consider academic programs that
provide the requisite training for careers
in international service, including study
abroad and area studies. (Tillman,
‘‘Diversity in Education Workshop
Summary Report’’, September, 2010.)
Among the barriers preventing these
students from pursuing international
studies are a lack of exposure to
international opportunities, and lack of
access to information, including
information about international careers.
(Belyavina and Bhandari, ‘‘Increasing
Diversity in International Careers:
Economic Challenges and Solutions’’,
International Institute of Education,
November 2011.)
We believe that by encouraging LRC
institutions and MSIs and community
colleges to jointly plan, conduct, and
implement activities, the international
programming, student instruction,
career advising, and faculty
development opportunities on all
campuses will be strengthened and
expanded. These collaborations also
enhance institutional capacity to recruit
students into international studies and
foreign language training.
We believe that successful
institutional collaborations between
LRC institutions and MSIs and
community colleges will increase the
access of traditionally underserved
populations to opportunities for foreign
language learning and the visibility of
international and foreign language
programs and activities on the campuses
of MSIs and community colleges.
For this priority, we propose a
definition of ‘‘Minority-Serving
Institution’’ that would include
institutions eligible to receive assistance
under §§ 316 through 320 of part A or

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under part B of Title III or under Title
V of the HEA. Title III reflects our
national interest in supporting those
institutions of higher education that
serve low-income and minority students
so that access to, and quality of,
postsecondary education opportunities
may be enhanced for all students. Title
V targets Hispanic-Serving Institutions
because of the high percentage of
Hispanic Americans who are at high
risk of not enrolling or graduating from
institutions of higher education. The
law was designed to reduce the rising
disparity between the enrollment of
non-Hispanic white students and
Hispanic students in postsecondary
education.
Accordingly, we propose to use this
definition of MSI because both Title III
and Title V programs target college
student populations that are
underrepresented in international
education, and we would like to
increase the representation of these
groups through collaboration between
Title III/Title V institutions and Title VI
grantee institutions.
Because the purpose of the priority is
to make international education
opportunities available to more
American students, we propose a
definition of ‘‘community college’’ for
use with this priority that is broader
than the definition in the HEA. The
definition of ‘‘junior or community
college’’ in section 312(f) of the HEA (20
U.S.C. 1058(f)) excludes institutions that
award bachelor’s and graduate degrees.
For the purpose of this priority, we
propose to include in the definition of
‘‘community college’’ institutions that
offer bachelor’s or graduate degrees if
more than 50 percent of the degrees and
certificates they award are degrees and
certificates that are not bachelor’s or
graduate degrees. We propose this
definition to include institutions that
serve significant numbers of students
enrolled in programs traditionally
offered by community colleges, such as
associate degree and certificate
programs.
Proposed Priority
Applications that propose significant
and sustained collaborative activities
with a Minority-Serving Institution
(MSI) (as defined in this notice) or a
community college (as defined in this
notice). These activities must be
designed to incorporate foreign
languages into the curriculum of the
MSI or community college and to
improve foreign language instruction on
the MSI or community college campus.
For the purposes of this priority:
Community college means an
institution that meets the definition in

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section 312(f) of the HEA (20 U.S.C.
1058(f)); or an institution of higher
education (as defined in section 101 of
the HEA (20 U.S.C. 1001)) that awards
degrees and certificates, more than 50
percent of which are not bachelor’s
degrees (or an equivalent) or master’s,
professional, or other advanced degrees.
Minority-Serving Institution means an
institution that is eligible to receive
assistance under §§ 316 through 320 of
part A of Title III, under part B of Title
III, or under Title V of the HEA.
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 and Definitions
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
proposed regulatory action is
‘‘significant’’ and, therefore, subject to
the requirements of the Executive order

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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.
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.

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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 priority
only on a reasoned determination that
its benefits would justify its costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that would 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. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Paperwork Reduction Act of 1995
As part of its continuing effort to
reduce paperwork and respondent
burden, the Department provides the
general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information in accordance with the PRA
(44 U.S.C. 3506 (c)(2)(A)). The
Department plans to revise the
information collection for the LRC
Program by including more detailed
guidance to assist applicants in
responding to the Evaluation Plan
criterion in §§ 655.31 and 669.21 of the
application; and by requiring one new
performance measure form (PMF). The
PMF will require applicants to identify
project goals and project-specific
measures for the LRC Program project
they propose to conduct. Information
will also be provided on how
applicants, should they become
grantees, will meet and report on the
Government Performance and Results
Act (GPRA) measures that have been
developed for the LRC Program.
The IFLE Office developed this PMF
so that applicants may propose projects
with high-quality implementation plans
at the outset and will require them to

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lay a stronger foundation for reporting
progress and performance results.
Additionally, the form will provide the
Department information that is more
useful and valid in demonstrating to
Congress and other stakeholders the
impact of LRC project.
This form may result in some
additional time requirements in the
application preparation, but will reduce
the total burden hours for future grantee
reporting as the form is designed for
easy data collection and reporting. This
form also facilitates the process of
developing a sound evaluation plan
during the application phase of the
process.
The Evaluation Plan criterion in the
LRC Program regulations evaluates ‘‘the
quality of the evaluation plan for the
project’’ and whether ‘‘the methods of
evaluation are appropriate for the
project and, to the extent possible, are
objective and produce data that are
quantifiable,’’ among other factors. We
will include in the application detailed
guidance on how to respond to this
criterion in a more comprehensive and
compelling manner.
In order to standardize the kind of
performance data to be requested from
applicants, we have developed a
project-specific PMF and a GPRA PMF.
These forms contain the same elements:
(a) Project goal statement; (b)
Performance measures; (c) Activities; (d)
Data/Indicators; (e) Frequency; (f) Data
Source; and (g) Baseline and Targets,
but the purposes for the forms differ.
Applicants will submit a projectspecific form for each project goal that
the institutions have deemed as
important to the proposed LRC project.
For that reason, the total number of
project-specific PMFs in each
application will vary. Applicants will
also be provided with a sample GPRA
PMF for reference purposes.
We expect the new evaluation plan
for this information collection will
increase the applicant burden by an
estimated 20 hours per response for a
total burden of 100 hours. We believe
that this additional time will improve
the quality of the submitted
applications, and subsequently improve
the application review, grant making,
and performance 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 [email protected] or by

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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Proposed Rules
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–0037.
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 1840–0808 ED–
2014–OPE–0037.
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

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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 13, 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. 2014–05937 Filed 3–17–14; 8:45 am]
BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket No. ED–2014–OPE–0038; CFDA
Number: 84.015A.]

Proposed Priorities—National
Resource Centers Program
Office of Postsecondary
Education, Department of Education.
ACTION: Proposed Priorities.
AGENCY:

The Acting Assistant
Secretary for Postsecondary Education
proposes two priorities for the National
Resource Centers (NRC) Program
administered by the International and
Foreign Language Education (IFLE)
Office. The Acting Assistant Secretary
may use these priorities for
competitions in fiscal year (FY) 2014
and later years. We take this action to

SUMMARY:

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focus Federal financial assistance on an
identified national need. We intend the
priority to address a gap in the types of
institutions, faculty, and students that
have historically benefitted from the
instruction, training, and outreach
available at national resource centers
and to address a shortage in the number
of teachers entering the teaching
profession with international education
and world language training
certification and credentials.
DATES: We must receive your comments
on or before April 17, 2014.
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 ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Patricia
Barrett, U.S. Department of Education,
400 Maryland Avenue SW., Room 5142,
Potomac Center Plaza (PCP),
Washington, DC 20202–2700.
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:
Cheryl E. Gibbs. Telephone: (202) 502–
7634 or by email: [email protected].
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 on these proposed
priorities. To ensure that your
comments have maximum effect in
developing the final priorities, we urge
you to identify clearly the specific
priority that each comment addresses.

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