38840 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 

§ 165.506 Safety Zones; Fireworks 

Displays in the Fifth Coast Guard District 

No. Date Location Regulated area 

(a) Coast Guard Sector Delaware Bay—COTP Zone 

*******

17 ...................... July 5 ................ Barnegat Bay, Barnegat Township, NJ, Safety Zone..The waters of Barnegat Bay within a 500 yard radius of the fireworks 

barge in approximate position latitude 39°44′50′′ N, longitude 

074°11′21′′ W, approximately 500 yards north of Conklin Island, 

NJ. 

*******

* * * * * 

Dated: May 30, 2013. 

K. Moore, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Delaware Bay. 

[FR Doc. 2013–15499 Filed 6–27–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

Final Priority—National Institute on 

Disability and Rehabilitation 

Research—Rehabilitation Research 

and Training Centers 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priority. 

[CFDA Number: 84.133B–8] 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces a priority for the 

Disability and Rehabilitation Research 

Projects and Centers Program 

administered by the National Institute 

on Disability and Rehabilitation 

Research (NIDRR). Specifically, we 

announce a priority for a Rehabilitation 

Research and Training Center (RRTC) on 

Disability in Rural Areas. The Assistant 

Secretary may use this priority for 

competitions in fiscal year (FY) 2013 

and later years. We take this action to 

focus research attention on areas of 

national need. We intend this priority to 

improve outcomes among individuals 

with disabilities in rural areas. 

DATES: This priority is effective July 29, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Marlene Spencer, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5133, Potomac Center Plaza 

(PCP), Washington, DC 20202–2700. 

Telephone: (202) 245–7532 or by email: 

marlene.spencer@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 purpose of 

the Disability and Rehabilitation 

Research Projects and Centers Program 

is to plan and conduct research, 

demonstration projects, training, and 

related activities, including 

international activities, to develop 

methods, procedures, and rehabilitation 

technology that maximize the full 

inclusion and integration into society, 

employment, independent living, family 

support, and economic and social selfsufficiency of individuals with 

disabilities, especially individuals with 

the most severe disabilities, and to 

improve the effectiveness of services 

authorized under the Rehabilitation Act 

of 1973, as amended (Rehabilitation 

Act). 

Rehabilitation Research and Training 

Centers 

The purpose of the RRTCs, which are 

funded through the Disability and 

Rehabilitation Research Projects and 

Centers Program, is to achieve the goals 

of the Rehabilitation Act, as amended, 

through advanced research, training, 

technical assistance, and dissemination 

activities in general problem areas, as 

specified by NIDRR. These activities are 

designed to benefit rehabilitation 

service providers, individuals with 

disabilities, and the family members or 

other authorized representatives of 

individuals with disabilities. Additional 

information on the RRTC program can 

be found at: www.ed.gov/rschstat/ 

research/pubs/res-program.html#RRTC. 

Program Authority: 29 U.S.C. 762(g) and 

764(b)(2). 

Applicable Program Regulations: 34 

CFR part 350. 

We published a notice of proposed 

priority (NPP) in the Federal Register 

on May 7, 2013 (78 FR 26560). That 

notice contained background 

information and our reasons for 

proposing the particular priority. 

Except for minor technical revisions, 

there are no differences between the 

proposed priority and the final priority. 

Public Comment: In response to our 

invitation in the NPP, we did not 

receive any comments on the proposed 

priority. 

Final Priority 

RRTC on Disability in Rural Areas. 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for a Rehabilitation 

Research and Training Center (RRTC) on 

Disability in Rural Areas. This RRTC 

must conduct rigorous research, and 

provide training, technical assistance, 

and information to improve the 

outcomes of individuals with 

disabilities who live in rural areas. The 

RRTC must: 

(a) Conduct research that examines 

experiences and outcomes of 

individuals with disabilities who live in 

rural areas and apply the research 

findings to develop interventions that 

improve those outcomes. Applicants 

must focus their research activities on 

topics that fall under at least one of the 

following major life domains identified 

in NIDRR’s Long-Range Plan for Fiscal 

Years 2013–2017 (78 FR 20299): 

Employment, Community Living and 

Participation, or Health and Function; 

(b) Serve as a national resource center 

for individuals with disabilities living 

in rural areas, their families, service and 

support providers, and other 

stakeholders by conducting knowledge 

translation activities that include, but 

are not limited to: 

(1) Providing information and 

technical assistance to service 

providers, individuals with disabilities 

living in rural areas and their 

representatives, and other key 

stakeholders; 

(2) Providing training, including 

graduate, pre-service, and in-service 

training, to rehabilitation service 

providers and other disability service 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 38841 

providers, to facilitate more effective 

delivery of services to individuals with 

disabilities living in rural areas. This 

training may be provided through 

conferences, workshops, public 

education programs, in-service training 

programs, and similar activities; 

(3) Disseminating research-based 

information and materials related to 

living with a disability in rural areas; 

and 

(c) Involve individuals with 

disabilities who live in rural areas in 

planning and implementing the RRTC’s 

activities, and in evaluating the RRTC’s 

work. 

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. 

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 

stated 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 Disability and 

Rehabilitation Research Projects and 

Centers Program have been well 

established over the years, as projects 

similar to the one envisioned by the 

final priority have been completed 

successfully. The new RRTC will 

generate and promote the use of new 

knowledge that will improve the 

options for individuals with disabilities 

to perform regular activities of their 

choice in the community. 

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 


tkelley on DSK3SPTVN1PROD with RULES
38842 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: June 25, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–15605 Filed 6–27–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 251 

RIN 0596–AD12 

Definition of a Ski Area 

AGENCY: Forest Service, USDA. 

ACTION: Interim final rule. 

SUMMARY: The Forest Service is 

amending the definition of a ski area in 

its regulations to make it consistent with 

the authority in section 3 of the Ski Area 

Recreational Opportunity Enhancement 

Act (SAROEA) of 2011 to allow 

authorization of other snow sports 

besides Nordic and alpine skiing and, in 

appropriate circumstances, other 

seasonal and year-round natural 

resource-based recreation activities and 

associated facilities at ski areas on 

National Forest System (NFS) lands, 

provided that authorization of these 

other activities and facilities would not 

change the primary purpose of the ski 

areas to a purpose other than skiing and 

other snow sports. 

DATES: The rule is effective July 29, 

2013. 

ADDRESSES: Send comments 

electronically by following the 

instructions at the Federal eRulemaking 

portal at http://www.regulations.gov. 

Comments also may be submitted by 

mail to USDA Forest Service Ski Area 

Definition Comments, GMUG National 

Forest, 2250 Highway 50, Delta, CO 

81416. If comments are sent 

electronically, duplicate comments 

should not be sent by mail. Receipt of 

comments cannot be confirmed. 

All comments, including names and 

addresses when provided, will be 

placed in the record and will be made 

available for public review and copying. 

Those wishing to review comments 

should call Corey Wong at (970) 874– 

6668 to schedule an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Corey Wong, Acting National Winter 

Sports Program Manager, 970–874– 

6668. Individuals who use 

telecommunication devices for the deaf 

may call the Federal Information Relay 

Service at 800–877–8339 between 8:00 

a.m. and 8:00 p.m., Eastern Daylight 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: Section 3 

of SAROEA amended the National 

Forest Ski Area Permit Act of 1986 (16 

U.S.C. 497b) to allow authorization of 

other snow sports besides Nordic and 

alpine skiing at ski areas on NFS lands, 

such as snowboarding, sledding, and 

tubing. Section 3 of SAROEA also 

amended 16 U.S.C. 497b to allow 

authorization, in appropriate 

circumstances, of other seasonal and 

year-round natural resource-based 

recreation activities and associated 

facilities at ski areas on NFS lands, 

provided that authorization of these 

other activities and facilities would not 

change the primary purpose of the ski 

areas to a purpose other than skiing and 

other snow sports. 

The definition for a ski area in Forest 

Service regulations at 36 CFR 251.51 

implementing the National Forest Ski 

Area Permit Act provides for 

development only for Nordic and alpine 

skiing at ski areas on NFS lands and 

limits ancillary facilities at ski areas on 

NFS lands to those that support skiing. 

Accordingly, the Department is 

amending the definition for a ski area in 

36 CFR 251.51 to provide for 

development for snow sports besides 

Nordic and alpine skiing at ski areas on 

NFS lands and to provide, in 

appropriate circumstances, for facilities 

necessary for other seasonal and yearround natural resource-based recreation 

activities at ski areas on NFS lands, 

provided that authorization of these 

other activities and facilities would not 

change the primary purpose of the ski 

area to a purpose other than skiing and 

other snow sports. 

The Department is expanding the 

requirement in the current definition of 

a ski area in 36 CFR 251.51 that the 

preponderance of revenue at a ski area 

derive from activities and facilities that 

support Nordic and alpine skiing to 

include revenue derived from activities 

and facilities that support other snow 

sports. This requirement can then be 

used to determine whether 

authorization of other seasonal, natural 

resource-based recreation activities and 

facilities would change the primary 

purpose of the ski area to a purpose 

other than skiing and other snow sports. 

The Department has also revised the 

terminology for types of revenue 

generated by ski areas on NFS lands to 

track the types of revenue that are 

included in the land use fee calculation 

for ski areas on NFS lands under the 

National Forest Ski Area Permit Fee Act 

of 1996 (16 U.S.C. 497c). 

The amendment of the definition for 

a ski area in 36 CFR 251.51 merely 

makes the definition consistent with the 

authority in section 3 of SAROEA to 

allow authorization of additional 

recreation activities and associated 

facilities at ski areas on NFS lands and 

makes additional changes in 

terminology consistent with the 

National Forest Ski Area Permit Fee Act. 

These revisions are dictated by statute; 

the Department has no discretion in 

implementing them. Moreover, the 

revisions conform precisely to the 

corresponding language in the statutes. 

Regulatory Certifications 

Environmental Impact 

This interim final rule is making 

minor, purely technical, 

nondiscretionary changes to the 

definition of a ski area on NFS lands. 

Forest Service regulations at 36 CFR 

220.6(d)(2) exclude from documentation 

in an environmental assessment or 

environmental impact statement rules, 

regulations, or policies to establish 

service wide administrative procedures, 

program processes, or instructions. The 

Department has determined that this 

interim final rule falls within this 

category of actions and that no 

extraordinary circumstances exist which 

require preparation of an environmental 

assessment or environmental impact 

statement. 

This interim final rule has been 

reviewed under USDA procedures and 

Executive Order (E.O.) 12866 on 

regulatory planning and review. It has 

been determined that this interim final 

rule is not significant. This interim final 

rule will not have an annual effect of 

$100 million or more on the economy, 

nor will it adversely affect productivity, 

competition, jobs, the environment, 

public health or safety, or State or local 

governments. This interim final rule 

will not interfere with an action taken 

or planned by another agency, nor will 

this interim final rule raise new legal or 

policy issues. Finally, this interim final 

rule will not alter the budgetary impact 

of entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

beneficiaries of those programs. 

Accordingly, this interim final rule is 

not subject to review by the Office of 

Management and Budget under E.O. 

12866. 

The Department has considered this 

interim final rule in light of the 

Regulatory Flexibility Act (5 U.S.C. 602 

et seq.). This interim final rule makes 

minor, purely technical, 

nondiscretionary changes to the 


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