Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 66271 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishment of a safety zone. This rule 

is categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–0887 to read as 

follows: 

§ 165.T11–0887 Safety Zone; Sea World 

Fireworks; Mission Bay, San Diego, CA. 

(a) Location. The safety zone includes 

the waters of Mission Bay within 600 

feet of the fireworks barge, located in 

approximate position 32°46′03′′ N, 

117°13′11′′ W. 

(b) Enforcement Period. This safety 

zone will be enforced from 8:30 p.m. to 

9 p.m. on November 15 and 16, 2013. 

(c) Definitions. The following 

definition applies to this section: 

designated representative means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, local, 

state, or federal law enforcement vessels 

who have been authorized to act on the 

behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(3) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of the vessel shall proceed as 

directed. 

(4) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: October 21, 2013. 

J.A. Janszen, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port San Diego. 

[FR Doc. 2013–26394 Filed 11–4–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Number: 84.129B] 

Final Priority; Rehabilitation Training: 

Rehabilitation Long-Term Training 

Program—Vocational Rehabilitation 

Counseling 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priority. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces a priority under the 

Rehabilitation Training: Rehabilitation 

Long-Term Training program. The 

Assistant Secretary may use this priority 

for competitions in fiscal year (FY) 2014 

and later years. We take this action to 

focus on training in an area of national 

need. This priority is designed to ensure 

that consumers of State Vocational 

Rehabilitation (VR) services have access 

to qualified rehabilitation counselors 

who are prepared to adequately address 

their employment needs and goals. 

Therefore, the Department intends to 

fund comprehensive VR counseling 

programs that meet rigorous standards 

and provide scholars with a breadth of 

knowledge and training to meet the 

current challenges facing consumers 

and State VR agencies and related 

agencies. 

DATES: Effective Date: This priority is 

effective December 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

RoseAnn Ashby, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5055, Potomac Center Plaza 

(PCP), Washington, DC 20202–2800. 

Telephone: (202) 245–7258 or by email: 

roseann.ashby@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: 

Purpose of Program: The 

Rehabilitation Long-Term Training 


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program provides financial assistance 

for— 

(1) Projects that provide basic or 

advanced training leading to an 

academic degree in areas of personnel 

shortages in rehabilitation as identified 

by the Secretary; 

(2) Projects that provide a specified 

series of courses or program of study 

leading to the award of a certificate in 

areas of personnel shortages in 

rehabilitation as identified by the 

Secretary; and 

(3) Projects that provide support for 

medical residents enrolled in residency 

training programs in the specialty of 

physical medicine and rehabilitation. 

Program Authority: 29 U.S.C. 772(b). 

Applicable Program Regulations: 34 

CFR parts 385 and 386. 

We published a notice of proposed 

priority for this competition in the 

Federal Register on June 14, 2013 (78 

FR 35808). That notice contained 

background information and our reasons 

for proposing this particular priority. 

There are significant differences 

between the proposed priority and the 

final priority, and we fully explain these 

differences in the Analysis of Comments 

and Changes section of this notice. 

Public Comment: In response to our 

invitation in the notice of proposed 

priority, 31 parties submitted comments 

on the proposed priority. 

Generally, we do not address 

technical and other minor changes. In 

addition, we do not address comments 

that raised concerns not directly related 

to the proposed priority. 

Analysis of Comments and Changes: 

An analysis of the comments and of any 

changes in the priority since publication 

of the notice of proposed priority 

follows. 

Comment: A number of commenters 

proposed that, rather than funding 

solely master’s degree programs in VR 

counseling, the Department instead 

fund programs in specialty areas. 

For example, almost half of the 

commenters requested that the 

Department develop a priority to fund 

programs leading to a master’s degree or 

a certificate in vocational evaluation. 

They explained that an individual able 

to conduct a thorough vocational 

assessment that truly captures the 

strengths, abilities, and capabilities of 

an individual with a disability is critical 

to the rehabilitation process. They also 

stated that a competent vocational 

evaluator is familiar with what is 

required to obtain employment in 

today’s economy and that such 

information is invaluable in assisting 

individuals with disabilities to achieve 

quality employment outcomes. The 

commenters also noted that relying on 

the knowledge and expertise of 

rehabilitation personnel, such as 

vocational evaluators, rehabilitation 

technologists, and customized 

employment specialists, helps to ease 

growing workloads and large caseload 

burdens for VR counselors. Similarly, 

one commenter expressed concern that 

the proposed priority focused only on a 

master’s degree in VR counseling and 

failed to acknowledge the specialty of 

job placement and job development. 

This commenter asserted that 

individuals skilled in this specialty area 

would gain knowledge critical in 

assisting individuals to achieve 

employment in today’s economy. 

In addition, one commenter expressed 

concern about the priority’s focus on 

programs that lead to a master’s degree 

in VR counseling because there are few 

programs that focus on the deaf and 

hard-of-hearing population. This 

commenter discussed the value that a 

certificate program has for rehabilitation 

professionals focusing on this 

population. 

Discussion: The Department decided 

to focus this priority solely on master’s 

degree programs in VR counseling, 

because individuals with this 

background will gain a breadth of 

knowledge and experience that will 

adequately prepare them to meet the 

employment needs and goals of VR 

consumers. This focus will also allow 

scholars to compete for jobs in a variety 

of employment settings that fulfill the 

payback obligation and will help to 

address personnel shortages in the field 

of vocational rehabilitation. The 

curriculum leading to this degree covers 

counseling skills, the medical and 

psychological aspects of disabilities, 

and the rehabilitation process from 

assessment through job placement. 

These programs also have practicum 

and internship components. The 

master’s degree in VR counseling is the 

degree that many State VR agencies 

require for ‘‘qualified rehabilitation 

counselors.’’ We recognize that VR 

professionals with degrees and 

certificates in other specialty areas (e.g., 

vocational evaluation, job placement 

and job development, rehabilitation of 

the deaf) are an important component in 

strengthening State VR agencies and the 

quality of services they provide to their 

clients. However, we also recognize that 

grants in one or more of these fields may 

attract fewer program participants, and 

the employment opportunities of 

program graduates in these fields would 

be more limited than those completing 

a broader VR counseling program. For 

these reasons and because there is a 

significant shortage in qualified VR 

counselors, for purposes of this grant 

priority, we believe it is justifiable to 

maintain a strong focus on programs 

that lead to a master’s degree in VR 

counseling. 

Changes: None. 

Comment: Several commenters 

suggested that the final priority be 

expanded to include doctoral programs. 

One of these commenters indicated that, 

in order to address the personnel 

shortage of VR counselors, professors 

and instructional staff will need the 

knowledge and skills to train students 

seeking master’s degrees in accordance 

with the specifications listed in the 

proposed priority. The commenter 

asserted that, if one master’s degree 

student receives training grant support, 

one VR counselor will be produced, 

whereas if one doctoral student is 

supported who goes on to a university 

training program position, he or she will 

contribute substantially to training 

many VR counselors, thus making a 

significant contribution to addressing 

the shortage of qualified VR counselors. 

Discussion: The Department agrees 

that a key element in addressing the 

shortage of VR counselors is ensuring 

that professors and instructional staff 

have the necessary knowledge and skills 

to effectively train counselors. However, 

the increased costs associated with 

supporting students in doctoral training 

programs, as opposed to their 

counterparts in master’s programs, 

would severely limit the Department’s 

ability to address shortages of qualified 

State VR personnel in the short term. 

Given that many State VR agencies are 

currently unable to comply with their 

Comprehensive System of Personnel 

Development (CSPD) requirements, it 

would not now be appropriate to further 

restrict the numbers of newly qualified 

VR counselors entering the field. Some 

State VR agencies are forced to hire 

individuals with bachelor’s degrees to 

fill vacant positions and ultimately 

incur greater costs as these individuals 

require additional training to meet the 

CSPD requirements. Therefore, the 

Department believes that, at this time, 

supporting doctoral candidates under 

this priority would only further limit 

the numbers of newly qualified VR 

counselors entering the field and 

increase costs for State VR agencies. 

Changes: None. 

Comment: A number of commenters 

suggested that paragraph (b)(1) of the 

final priority should include an 

emphasis on essential competencies for 

today’s rehabilitation counselors. 

Specifically, some of these commenters 

indicated the importance of 

competencies such as advanced 

counseling skills and skills in critical 

thinking and collaborative relationships. 


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Discussion: The Department believes 

that the curriculum should be aligned 

with competency-based skills in order 

to prepare counselors to meet the 

employment needs and goals of VR 

consumers. The Department agrees that 

the skills listed by the commenters are 

important skills for a VR counselor and 

that the curriculum should help 

scholars develop those skills. However, 

advanced counseling skills and skills in 

critical thinking and collaborative 

relationships are simply examples of 

competency-based skills. Applicants are 

free to propose these and other 

competency-based skills in the 

curriculum in order to advance the skill 

set of prospective counselors. 

Changes: We have revised paragraph 

(b)(1) of the priority to include the skills 

the commenters suggested as examples 

of competency-based skills that may be 

developed through the curriculum. 

Comment: A few commenters asked 

that the Department expand paragraph 

(b)(2) of the proposed priority to include 

preparing scholars for the Commission 

on Rehabilitation Counselor 

certification (CRCC) exam. 

Discussion: The Department 

understands that scholars completing a 

master’s degree in VR counseling may 

wish to sit for the CRCC exam, as this 

is a requirement for employment in 

some State VR agencies and elsewhere. 

Paragraph (b)(2) of the priority simply 

reinforces the responsibility of the VR 

counseling programs to meet all 

applicable certification standards. 

Nothing in this priority precludes 

applicants from adding or enhancing 

their curriculum to incorporate 

preparation for the CRCC exam. 

Changes: None. 

Comment: Nearly one-third of the 

commenters focused on paragraph (b)(4) 

of the proposed priority and teaching 

scholars to address the needs of 

individuals with a range of disabilities 

and individuals with disabilities who 

are from diverse cultural backgrounds. 

These commenters suggested 

encouraging a greater emphasis on 

preparing scholars to manage the unique 

challenges and aspects of working with 

specific populations, such as 

individuals with severe and persistent 

psychiatric disabilities, individuals with 

autism spectrum disorders, individuals 

who are deaf, individuals who are deafblind, veterans with disabilities, 

transition-aged youth, and individuals 

who have been involved in the criminal 

justice system. 

Discussion: The Department believes 

that it is important for the curriculum of 

a VR counseling program to address the 

unique challenges of working with 

individuals with a range of disabilities 

and individuals from diverse cultural 

backgrounds. Nothing in this priority 

precludes applicants from providing 

training on addressing the needs of the 

specific populations listed above. 

However, we are concerned that, by 

listing certain populations, the priority 

might give the impression that the 

applicant should focus only on these 

populations and not address the needs 

of others. Therefore, we believe the 

applicant should develop a curriculum 

that helps scholars understand the 

unique needs of individuals 

representing a wide range of disabilities 

and cultural backgrounds. 

Changes: None. 

Comment: Several commenters 

focused on paragraph (b)(5) of the 

proposed priority regarding assistive 

technology. A few of these commenters 

suggested that the curriculum must train 

scholars to assess the need for assistive 

technology throughout the VR process 

and in order to obtain and maintain 

competitive employment. One 

commenter indicated that the priority 

should recognize that assistive 

technology is a specialized, everchanging field, and, as technology 

continues to expand, scholars will need 

training by assistive technology 

specialists. 

Discussion: The Department agrees 

that it is important for the curriculum to 

teach scholars to assess the needs of 

individuals with disabilities for 

assistive technology throughout the VR 

process, with particular emphasis on 

assessing their needs for assistive 

technology in helping them obtain and 

maintain competitive employment. The 

Department also acknowledges that 

assistive technology is ever-changing 

and consequently that ongoing training 

will be needed. 

Changes: We have revised paragraph 

(b)(5) of the priority to clarify that 

applicants must demonstrate how the 

proposed curriculum will expose 

scholars to the field of assistive 

technology and include training so that 

scholars can recognize the needs of 

individuals with disabilities for 

assistive technology throughout the 

rehabilitation process. 

Comment: One commenter proposed 

specific curriculum requirements for 

paragraph (b) of the priority. This 

commenter recommended adding 

requirements relating to: (1) The 

Commission on Rehabilitation 

Counselor Certification Code of 

Professional Ethics; (2) VR services to 

transition-age youth; (3) development of 

an individualized plan for employment, 

especially identification of a vocational 

goal and specific measurable objectives; 

(4) legislative provisions of the 

Workforce Investment Act, the 

Rehabilitation Act, as amended, and the 

Social Security Act and their 

accompanying regulations; (5) basic 

financial planning, including managing 

a budget; (6) consumer choice; (7) 

negotiation skills; (8) use of social and 

electronic media, especially as it relates 

to confidentiality and appropriateness 

of the use of the media; (9) exposure to 

the business perspective; (10) critical 

thinking and decision-making skills; 

and (11) data analysis. 

Discussion: The Department agrees 

that the curriculum requirements 

suggested by the commenter would 

support paragraph (b) of the priority. 

However, this is not an exhaustive list 

of elements that could be included in 

the curriculum. We want to be clear that 

they are simply examples of elements of 

the curriculum that applicants must 

describe in their applications. The 

applicants are free to propose additional 

curriculum requirements to ensure that 

scholars are prepared to effectively meet 

the needs and demands of consumers 

with disabilities and employers. 

Changes: None. 

Comment: Almost half of the 

commenters expressed concern about 

the requirement in paragraph (c)(5) of 

the proposed priority that applicants 

must ensure that scholars complete an 

internship in a State VR agency as a 

requirement for program completion. A 

number of these commenters were 

concerned that State VR agencies would 

not be able to make a sufficient number 

of internships available for scholars 

funded through this program. Several of 

the commenters stated that restricting 

internships to State VR agencies, as 

opposed to related, community-based 

agencies, unnecessarily limits the 

experiences scholars can gain. A few of 

these commenters were also concerned 

that individuals in the program who are 

employed full-time would find it 

difficult to fulfill the requirement to 

participate in an internship. 

Discussion: The Department believes 

that a required internship at a State VR 

agency or a related agency serves as a 

valuable learning experience for 

scholars so that they can apply 

classroom knowledge in a work-related 

setting, identify their strengths and 

weaknesses as prospective rehabilitation 

counselors, and learn skills that cannot 

be taught in the classroom, such as 

interpersonal or communication skills. 

Further, as the need for qualified VR 

counselors in the State-Federal VR 

program is critical, we encourage 

internships in such settings, to the 

extent practicable; we recognize that in 

some circumstances such internships 

may be unavailable. With regard to the 


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concern that individuals who are 

employed full-time while they are 

scholars in a Rehabilitation Long-Term 

Training program may have difficulty 

completing a full-time internship, our 

intention is that applicants for funding 

will work creatively to make such 

internships available to scholars, 

perhaps on a part-time basis. Such 

scholars may require more time to 

complete the program or may need other 

accommodations to complete their 

internship requirement. 

Changes: We have maintained the 

requirement that all scholars must 

complete an internship in a State VR 

agency but revised paragraph (c)(5) to 

permit an applicant to provide written 

justification that it is not feasible for all 

scholars to complete an internship in a 

State VR agency. If the justification is 

sufficient, a project funded under this 

priority may require all scholars to 

complete an internship in either a State 

VR agency or in a related agency, as 

defined in 34 CFR 386.4. Sufficient 

justification for proposing that scholars 

complete internships in settings other 

than a State VR agency could include 

concerns about the capacity at the State 

VR agency to provide adequate 

supervision of scholars or the physical 

distance between scholars and the 

nearest office of the State VR agency 

(e.g., for scholars enrolled in distancelearning programs or at rural 

institutions). 

Comment: One commenter suggested 

that in paragraph (d)(1) of the priority 

we require a course or curriculum 

segment on how to develop and 

maintain relationships with potential 

employers, make initial contacts, assess 

the needs of employers, and present jobready clients to employers. 

Discussion: The Department agrees 

with this comment, although the 

additional suggestions do not comprise 

an exhaustive list of the employerrelated course content that could be 

offered. This comment is more 

applicable to paragraph (b)(6) of the 

priority, which focuses on the course 

curriculum. 

Changes: We have revised paragraph 

(b)(6) of the priority to provide as 

examples the specific employer-related 

curriculum content the commenter 

suggested. 

Comment: One commenter proposed 

that paragraph (d)(3) of the priority be 

expanded to require the grantee to 

provide the worksite supervisor with an 

assessment tool and offer technical 

assistance to the supervisor in order to 

complete the assessment. 

Discussion: The Department agrees 

that an assessment tool is necessary to 

evaluate the value of a worksite 

experience at building the knowledge 

and skills necessary to becoming an 

effective vocational rehabilitation 

counselor. We also recognize the value 

of an assessment tool that both reduces 

burden on the worksite supervisors and 

grantees and allows a consistent 

approach to the evaluation of scholars 

in a particular program. We strongly 

encourage grantees and worksite 

supervisors to work together to ensure 

the assessment tool accurately reflects 

the work duties of the scholar during 

their internship. This may involve the 

joint development of an assessment tool, 

or a portion thereof as they see fit. In 

addition, we agree that it would be 

appropriate for grantees to offer 

technical assistance to supervisors as 

they complete the assessments. 

Changes: We have revised paragraph 

(d)(3) of the priority to require that an 

assessment tool accurately reflects the 

specific job duties of a scholar in their 

internship experience, potentially 

involving the joint development of that 

tool between the grantee and the 

worksite supervisor. In addition, 

paragraph (d) (3) of the priority will 

require that the results of the assessment 

be provided to the grantee and to the 

scholar. 

Comment: One commenter suggested 

including a plan to routinely gather 

feedback from consumers and 

employers to be used to improve VR 

counseling programs. This commenter 

also suggested incorporating existing 

data that the Department, the Social 

Security Administration, the Veterans 

Administration, and other agencies and 

organizations collect from the State VR 

agencies and using it to improve the 

curriculum and training programs that 

support the development of VR 

professionals. 

Discussion: The Department agrees 

that data from these sources could be 

beneficial in evaluating the relative 

success of a training program. We 

believe that VR counseling programs 

should consult with as many sources of 

information as possible when evaluating 

the impact that they are having on the 

supply of qualified VR personnel. 

However, we are also mindful of the 

potential burden a requirement to 

collect these data on a regular basis may 

place on grantees with limited funding. 

Changes: We have redrafted the 

requirement to allow for a broader array 

of data sources to be included in the 

evaluation of the program in paragraph 

(f). 

Final Priority: 

Vocational Rehabilitation Counseling. 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

announces a priority to fund programs 

leading to a master’s degree in 

vocational rehabilitation (VR) 

counseling. The goal of this priority is 

to increase the skills of VR counseling 

scholars so that upon successful 

completion they are prepared to 

effectively meet the needs and demands 

of consumers with disabilities and 

employers. 

Under this priority, applicants must: 

(a) Provide data on the current and 

projected employment needs and 

personnel shortages in State VR 

agencies and other related agencies as 

defined in 34 CFR 386.4 in their local 

area, region, and State, and describe 

how the proposed program will address 

those employment needs and personnel 

shortages. 

(b) Describe how the VR counseling 

program will provide rehabilitation 

counselors the skills and knowledge 

that will help ensure that the 

individuals with disabilities that they 

serve can meet current demands and 

emerging trends in the labor market, 

including how: 

(1) The curriculum provides a breadth 

of knowledge, experience, and rigor that 

will adequately prepare scholars to meet 

the employment needs and goals of VR 

consumers and aligns with evidencebased practices and with competencybased skills (e.g., advanced counseling 

skills, critical thinking skills, and skills 

in building collaborative relationships) 

in the field of VR counseling; 

(2) The curriculum prepares scholars 

to meet all applicable certification 

standards; 

(3) The curriculum addresses new or 

emerging consumer employment needs 

or trends at the national, State, and 

regional levels; 

(4) The curriculum teaches scholars to 

address the needs of individuals with a 

range of disabilities and individuals 

with disabilities who are from diverse 

cultural backgrounds; 

(5) The curriculum will train scholars 

to recognize the assistive technology 

needs of consumers throughout the 

rehabilitation process so that they will 

be better able to coordinate the 

provision of appropriate assistive 

technology services and devices in order 

to assist the consumer to obtain and 

retain employment; 

(6) The curriculum will teach scholars 

to work effectively with employers in 

today’s economy, including by teaching 

strategies for developing relationships 

with employers in their State and local 

areas, identifying employer needs and 

skill demands, making initial employer 

contacts, presenting job-ready clients to 

potential employers, and conducting 

follow-up with employers; and 


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(7) The latest technology is 

incorporated into the methods of 

instruction (e.g., the use of distance 

education to reach scholars who live far 

from the university and the use of 

technology to acquire labor market 

information). 

(c) Describe their methods to: 

(1) Recruit highly capable prospective 

scholars who have the potential to 

successfully complete the academic 

program, all required practicum and 

internship experiences, and the required 

service obligation; 

(2) Educate potential scholars about 

the terms and conditions of the service 

obligation under 34 CFR 386.4, 386.34, 

and 386.40 through 386.43 so that they 

will be fully informed before accepting 

a scholarship; 

(3) Maintain a system that ensures 

that scholars sign a payback agreement 

and an exit form when they exit the 

program, regardless of whether they 

drop out, are removed, or successfully 

complete the program; 

(4) Provide academic support and 

counseling to scholars throughout the 

course of the academic program to 

ensure successful completion; 

(5) Ensure that all scholars complete 

an internship in a State VR agency as a 

requirement for program completion. In 

such cases where an applicant can 

provide sufficient justification that it is 

not feasible for all students receiving 

scholarships to meet this requirement, 

the applicant may require scholars to 

complete an internship in a State VR 

agency or a related agency, as defined in 

34 CFR 386.4. Circumstances that would 

constitute sufficient justification may 

include, but are not limited to, a lack of 

capacity at the State VR agency to 

provide adequate supervision of 

scholars during their internship 

experience or the physical distance 

between scholars and the nearest office 

of the State VR agency (e.g., for scholars 

enrolled in distance-learning programs 

or at rural institutions). Applicants 

should include written justification in 

the application or provide it to 

Rehabilitation Services Administration 

(RSA) for review and approval by the 

appropriate RSA Project Officer no later 

than 30 days prior to a scholar 

beginning an internship in a related 

agency; 

(6) Provide career counseling, 

including informing scholars of 

professional contacts and networks, job 

leads, and other necessary resources and 

information to support scholars in 

successfully obtaining and retaining 

qualifying employment; 

(7) Maintain regular contact with 

scholars upon successful program 

completion (e.g., matching scholars with 

mentors in the field), to ensure that they 

have support during their search for 

qualifying employment as well as 

support during the initial months of 

their employment; 

(8) Maintain regular communication 

with scholars after program exit to 

ensure that scholar contact information 

is up-to-date and that documentation of 

employment is accurate and meets the 

regulatory requirements for qualifying 

employment; and 

(9) Maintain accurate information on, 

while safeguarding the privacy of, 

current and former scholars from the 

time they are enrolled in the program 

until they successfully meet their 

service obligation. 

(d) Describe a plan for developing and 

maintaining partnerships with State VR 

Agencies and community-based 

rehabilitation service providers that 

includes: 

(1) Coordination between the grantee 

and the State VR agencies and 

community-based rehabilitation service 

providers that will promote qualifying 

employment opportunities for scholars 

and formalized on-boarding and 

induction experiences for new hires; 

(2) Formal opportunities for scholars 

to obtain work experiences through 

internships, practicum agreements, job 

shadowing, and mentoring 

opportunities; and 

(3) A scholar internship assessment 

tool that is developed to ensure a 

consistent approach to the evaluation of 

scholars in a particular program. The 

tool should reflect the specific 

responsibilities of the scholar during the 

internship. The grantee and worksite 

supervisor are encouraged to work 

together as they see fit to develop the 

assessment tool. Supervisors at the 

internship site will complete the 

assessment detailing the scholar’s 

strengths and areas for improvement 

that must be addressed and provide the 

results of the assessment to the grantee. 

The grantee should ensure that (A) 

scholars are provided with a copy of the 

assessment and all relevant rubrics prior 

to beginning their internship, (B) 

supervisors have sufficient technical 

support to accurately complete the 

assessment, and (C) scholars receive a 

copy of the results of the assessment 

within 90 days of the end of their 

internship. 

(e) Describe how scholars will be 

evaluated throughout the entire program 

to ensure that they are proficient in 

meeting the needs and demands of 

today’s consumers and employers, 

including the steps that will be taken to 

provide assistance to a scholar who is 

not meeting academic standards or who 

is performing poorly in a practicum or 

internship setting. 

(f) Describe how the program will be 

evaluated. Such a description must 

include: 

(1) How the program will determine 

its effect over a period of time on filling 

vacancies in the State VR agency with 

qualified counselors capable of 

providing quality services to consumers; 

(2) How input from State VR agencies 

and community-based rehabilitation 

service providers will be included in the 

evaluation; 

(3) How feedback from consumers of 

VR services and employers (including 

the assessments described in paragraph 

(d)(3)) will be included in the 

evaluation; 

(4) How data from other sources, such 

as those from the Department, on the 

State VR program will be included in 

the evaluation; and 

(5) How the data and results from the 

evaluation will be used to make 

necessary adjustments and 

improvements to the program. 

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)). 

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. 


wreier-aviles on DSK5TPTVN1PROD with RULES
66276 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 

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 final 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 final 

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. 

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 final priority only 

on a reasoned determination that its 

benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that 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 does 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. The benefits of 

the Rehabilitation Long-Term Training 

program have been well established 

over the years through the successful 

completion of similar projects. Grants to 

provide funding for scholars to acquire 

master’s degrees in VR counseling are 

needed to ensure that State VR agencies 

and related agencies have a supply of 

qualified VR counselors with the skills 

to assist individuals with disabilities to 

achieve employment in today’s 

economy. 

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) by 

contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD or a TTY, call 

the FRS, toll free, at 1–800–877–8339. 

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: October 30, 2013. 

Michael K. Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2013–26500 Filed 11–4–13; 8:45 am] 

BILLING CODE 4000–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 384 

[Docket No. 2012–1 CRB Business 

Establishments II] 

Determination of Rates and Terms for 

Business Establishment Services 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing final regulations setting 

the rates and terms for the making of an 

ephemeral recording of a sound 

recording by a business establishment 

service for the period January 1, 2014, 

through December 31, 2018. 

DATES: Effective date: January 1, 2014. 


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