22780 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 

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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T07–0086 to read as 

follows: 

§ 165.T07–0086 Special Local Regulation; 

Corp. Event Finale UHC, St. Thomas 

Harbor; St. Thomas, U. S. Virgin Islands. 

(a) Regulated Area. The following 

regulated area is established as a safety 

zone: All waters within an 800 foot 

radius of 18°18.205 N, 64°55.556 W. All 

coordinates are North American Datum 

1983. Persons and vessels are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

safety zone unless authorized by the 

Captain of the Port San Juan. 

(b) Definition. The term ‘‘designated 

representative’’ means U.S. Coast Guard 

Patrol Commanders, including U.S. 

Coast Guard coxswains, petty officers, 

and other officers operating U.S. Coast 

Guard vessels, and Federal, state, and 

local officers designated by or assisting 

the Captain of the Port San Juan in the 

enforcement of the regulated areas. 

(c) Regulations. 

(1) All persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone, unless 

authorized by the Captain of the Port 

San Juan or those participating in the 

firework display. 

(2) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area by contacting the Captain 

of the Port San Juan by telephone at 

(787) 289–2041, or a designated 

representative via VHF radio on channel 

16. If authorization is granted by the 

Captain of the Port San Juan or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port San Juan or a 

designated representative. 

(3) The U.S. Coast Guard will provide 

notice of the safety zone by Local Notice 

to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Date. This rule will 

be enforced on Wednesday, April 24, 

2013, from 8:00 p.m. until 10:00 p.m. 

Dated: April 5, 2013. 

D.M. Flaherty, 

Captain, U.S. Coast Guard, Acting, Captain 

of the Port San Juan. 

[FR Doc. 2013–09027 Filed 4–16–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Number: 84.133E–1] 

Final Priority; National Institute on 

Disability and Rehabilitation 

Research—Disability and 

Rehabilitation Research Projects and 

Centers Program—Rehabilitation 

Engineering Research Centers 

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 for a 

Rehabilitation Engineering Research 

Center (RERC) on Hearing Enhancement 

under the Disability and Rehabilitation 

Research Projects and Centers program 

administered by the National Institute 

on Disability and Rehabilitation 

Research (NIDRR). The Assistant 

Secretary may use this priority for a 

competition in fiscal year (FY) 2013 and 

later years. We take this action to focus 

research attention on areas of national 

need. We intend to use this priority to 

improve outcomes for individuals with 

disabilities. 

DATES: Effective Date: This priority is 

effective May 17, 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: This 

notice of final priority is in concert with 

NIDRR’s currently approved Long-Range 

Plan (Plan). The Plan, which was 

published in the Federal Register on 

April 4, 2013 (78 FR 20299), can be 

accessed on the Internet at the following 

site: www.ed.gov/about/offices/list/ 

osers/nidrr/policy.html. 

Through the implementation of the 

Plan, NIDRR seeks to improve the health 

and functioning, employment and 

community living and participation of 

individuals with disabilities through 

comprehensive programs of research, 

engineering, training, technical 

assistance, and knowledge translation 

and dissemination. The Plan reflects 

NIDRR’s commitment to quality, 

relevance and balance in its programs to 

ensure appropriate attention to all 

aspects of well-being of individuals 

with disabilities and to all types and 

degrees of disability, including 

individuals with low incidence and 

severe disability. This notice announces 

a priority that NIDRR intends to use for 

an RERC competition in FY 2013 and 

possibly later years. However, nothing 

precludes NIDRR from publishing 

additional priorities, if needed. 

Furthermore, NIDRR is under no 

obligation to make an award for this 

priority. The decision to make an award 

will be based on the quality of 

applications received and available 

funding. 

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 

technologies that maximize the full 

inclusion and integration of individuals 

with disabilities into society, and 

support the employment, independent 

living, family support, and economic 

and social self-sufficiency 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 Engineering Research 

Centers (RERCs) Program The purpose 

of NIDRR’s RERCs program, which is 

funded through the Disability and 

Rehabilitation Research Projects and 

Centers Program, is to improve the 

effectiveness of services authorized 

under the Rehabilitation Act. It does so 

by conducting advanced engineering 

research, developing and evaluating 

innovative technologies, facilitating 

service delivery system changes, 

stimulating the production and 

distribution of new technologies and 

equipment in the private sector, and 

providing training opportunities. RERCs 

seek to solve rehabilitation problems 

and remove environmental barriers to 

improvements in employment, 

community living and participation, 


erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22781 

and health and function outcomes of 

individuals with disabilities. 

The general requirements for RERCs 

are set out in subpart D of 34 CFR part 

350 (What Rehabilitation Engineering 

Research Centers Does the Secretary 

Assist?). 

Additional information on the RERCs 

program can be found at: www.ed.gov/ 

rschstat/research/pubs/index.html. 

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

764(b)(3). 

Applicable Program Regulations: 34 

CFR part 350. 

We published a notice of proposed 

priority (NPP) for this program in the 

Federal Register on January 17, 2013 

(78 FR 3864). That notice contained 

background information and our reasons 

for proposing the priority. 

Public Comment: In response to our 

invitation in the NPP, we did not 

receive any comments on the proposed 

priority. 

Final Priority: 

Hearing Enhancement. 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for a Rehabilitation 

Engineering Research Center (RERC) on 

Hearing Enhancement. The RERC must 

focus on innovative technological 

solutions, new knowledge, and concepts 

that will improve the lives of 

individuals with disabilities. 

Under this priority, the RERC must 

research, develop, and evaluate 

technologies, methods, and systems that 

will improve the accessibility, usability, 

and performance of hearing 

enhancement technologies (e.g., hearing 

aids, ear molds, assistive listening 

devices, and implants) for people with 

hearing loss, including but not limited 

to people with untreated hearing loss. 

This includes: (a) Addressing 

technological factors that prevent or 

reduce adoption of and benefit from 

hearing enhancement devices (e.g., 

hearing aid and implant design features, 

ear mold fit and comfort, and assistive 

listening devices and technologies for 

group settings); (b) improving the 

compatibility of hearing enhancement 

technologies with technologies such as 

cell phones, mobile devices, television, 

and the Internet; (c) improving the 

performance of hearing enhancement 

devices in social environments (e.g., 

school, work, recreation, and 

entertainment); and (d) enhancing aural 

rehabilitation and consumer 

involvement strategies (e.g., online 

access to peer and expert input on 

hearing technologies and 

communication strategies; consumer 

focus groups and surveys; and consumer 

beta testing and review of products) to 

maximize hearing enhancement in reallife settings. The RERC must involve key 

stakeholders (including but not limited 

to people with hearing loss) in the 

design and implementation of RERC 

activities. 

Requirements applicable to all RERC 

priorities: 

The RERC must be designed to 

contribute to the following outcomes: 

(1) Increased technical and scientific 

knowledge relevant to its designated 

priority research area. The RERC must 

contribute to this outcome by 

conducting high-quality, rigorous 

research and development projects. 

(2) Increased innovation in 

technologies, products, environments, 

performance guidelines, and monitoring 

and assessment tools applicable to its 

designated priority research area. The 

RERC must contribute to this outcome 

through the development and testing of 

these innovations. 

(3) Improved research capacity in its 

designated priority research area. The 

RERC must contribute to this outcome 

by collaborating with the relevant 

industry, professional associations, 

institutions of higher education, health 

care providers, or educators, as 

appropriate. 

(4) Improved usability and 

accessibility of products and 

environments in the RERC’s designated 

priority research area. The RERC must 

contribute to this outcome by 

emphasizing the principles of universal 

design in its product research and 

development. For purposes of this 

section, the term ‘‘universal design’’ 

refers to the design of products and 

environments to be usable by all people, 

to the greatest extent possible, without 

the need for adaptation or specialized 

design. 

(5) Improved awareness and 

understanding of cutting-edge 

developments in technologies within its 

designated priority research area. The 

RERC must contribute to this outcome 

by identifying and communicating with 

relevant stakeholders, including NIDRR; 

individuals with disabilities and their 

representatives; disability organizations; 

service providers; editors of professional 

journals; manufacturers; and other 

interested parties regarding trends and 

evolving product concepts related to its 

designated priority research area. 

(6) Increased impact of research in the 

designated priority research area. The 

RERC must contribute to this outcome 

by providing technical assistance to 

relevant public and private 

organizations, individuals with 

disabilities, employers, and schools on 

policies, guidelines, and standards 

related to its designated priority 

research area. 

(7) Increased transfer of RERCdeveloped technologies to the 

marketplace. The RERC must contribute 

to this outcome by developing and 

implementing a plan for ensuring that 

all technologies developed by the RERC 

are made available to the public. The 

technology transfer plan must be 

developed in the first year of the project 

period in consultation with the NIDRRfunded Disability Rehabilitation 

Research Project, Center on Knowledge 

Translation for Technology Transfer. 

In addition, the RERC must— 

• Have the capability to design, build, 

and test prototype devices and assist in 

the technology transfer and knowledge 

translation of successful solutions to 

relevant production and service delivery 

settings; 

• Evaluate the efficacy and safety of 

its new products, instrumentation, or 

assistive devices; 

• Provide as part of its proposal, and 

then implement, a plan that describes 

how it will include, as appropriate, 

individuals with disabilities or their 

representatives in all phases of its 

activities, including research, 

development, training, dissemination, 

and evaluation; 

• Provide as part of its proposal, and 

then implement, a plan to disseminate 

its research results to individuals with 

disabilities and their representatives; 

disability organizations; service 

providers; professional journals; 

manufacturers; and other interested 

parties. In meeting this requirement, 

each RERC may use a variety of 

mechanisms to disseminate information, 

including state-of-the-science 

conferences, webinars, Web sites, and 

other dissemination methods; and 

• Coordinate research projects of 

mutual interest with relevant NIDRRfunded projects, as identified through 

consultation with the NIDRR project 

officer. 

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 


erowe on DSK2VPTVN1PROD with RULES
22782 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 

(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 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 

upon 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 proposed 

priority 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 Programs have been well 

established over the years, as projects 

similar to the one envisioned by the 

final priority have been completed 

successfully. Establishing new RERCs 

based on the final priority will generate 

new knowledge through research and 

development and improve the lives of 

individuals with disabilities. The new 

RERCs will generate, disseminate, and 

promote the use of new information that 

will improve the options for individuals 

with disabilities to fully participate in 

their communities. 

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 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: April 12, 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. 2013–09079 Filed 4–16–13; 8:45 am] 

BILLING CODE 4000–01–P 


erowe on DSK2VPTVN1PROD with RULES