35808 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules 

18°28.336′ N, 66°07.503′ W; thence 

following the coastline back to origin. 

(7) Fajardo, PR. All waters of the 

Atlantic Ocean surrounding Fajardo, PR 

encompassed within an imaginary line 

connecting the following points: starting 

at point 1 in position 18°21.311′ N, 

65°36.597′ W; thence east to point 2 in 

position 18°21.103′ N, 65°36.855′ W; 

thence south to point 3 in position 

18°18.639′ N, 65°36.332′ W; thence west 

to point 4 in position 18°17.835′ N, 

65°37.679′ W; thence following the 

coastline back to origin. 

(8) Yabucoa, PR. All waters of the 

Caribbean Sea surrounding Yabucoa, PR 

encompassed within an imaginary line 

connecting the following points: starting 

at point 1 in position 18°01.279′ N, 

65°49.820′ W; thence east southeast to 

point 2 in position 18°00.511′ N, 

65°48.431′ W; thence northeast to point 

3 in position 18°03.181′ N, 65°47.365′ 

W; thence northwest to point 4 in 

position 18°03.546′ N, 65°48.108′ W; 

thence following the coastline back to 

origin. 

(9) Guayama and Salinas, PR. All 

waters of the Caribbean Sea surrounding 

Guayama and Salinas, PR encompassed 

within an imaginary line connecting the 

following points: starting at point 1 in 

position 17°56.779′ N, 66°23.514′ W; 

thence south to point 2 in position 

17°54.450′ N, 66°23.514′ W; thence east 

to point 3 in position 17°54.450′ N, 

66°10.832′ W; thence north to point 4 in 

position 17°56.162′ N, 66°10.832′ W; 

thence following the coastline back to 

origin. 

(10) Ponce, Guayanilla and Tallaboa, 

PR. All waters of the Caribbean Sea 

surrounding Ponce, Guayanilla and 

Tallaboa, PR encompassed within an 

imaginary line connecting the following 

points: starting at point 1 in position 

17°57.969′ N, 66°48.489′ W; thence 

south to point 2 in position 17°56.181′ 

N, 66°48.489′ W; thence east to point 3 

in position 17°56.181′ N, 66°36.833′ W; 

thence north to point 4 in position 

17°57.830′ N, 66°36.833′ W; thence 

following the coastline back to origin. 

(11) Guanica, PR. All waters of the 

Caribbean Sea surrounding Guanica, PR 

encompassed within an imaginary line 

connecting the following points: starting 

at point 1 in position 17°55.907′ N, 

66°55.151′ W; thence south to point 2 in 

position 17°54.887′ N, 66°54.973′ W; 

thence east to point 3 in position 

17°55.557′ N, 66°52.292′ W; thence 

north to point 4 in position 17°56.500′ 

N, 66°52.494′ W; thence following the 

coastline back to origin. 

(12) Mayaguez, PR. All waters of the 

Caribbean Sea surrounding Mayaguez, 

PR encompassed within an imaginary 

line connecting the following points: 

starting at point 1 in position 18°10.159′ 

N, 67°10.826′ W; thence west to point 2 

in position 18°10.159′ N, 67°12.539′ W; 

thence north to point 3 in position 

18°14.371′ N, 67°12.539′ W; thence east 

to point 4 in position 18°14.371′ N, 

67°10.405′ W; thence following the 

coastline back to origin. 

(b) Definitions. 

(1) Designated representative. 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 San 

Juan in the enforcement of the regulated 

area. 

(2) Hurricane Port Condition 

YANKEE. Set when weather advisories 

indicate that sustained Gale Force 

winds from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 24 hours. 

(3) Hurricane Port Condition ZULU. 

Set when weather advisories indicate 

that sustained Gale Force winds from a 

tropical or hurricane force storm are 

predicted to make landfall at the port 

within 12 hours. 

(c) Regulations. 

(1) Hurricane Port Condition 

YANKEE. All inbound oceangoing 

commercial vessel traffic over 200GT 

are prohibited from entering any of the 

11 regulated areas designated as being 

in Port Condition YANKEE within the 

COTP Zone San Juan; within 24 hours 

of anticipated landfall of gale force 

winds (39 mph) from a tropical- or 

hurricane-force storm; or upon the Coast 

Guard setting Port Condition YANKEE 

for inbound ocean going commercial 

vessel traffic over 200GT. Oceangoing 

commercial vessel traffic outbound will 

be authorized to transit through the 

safety zone until Port Condition ZULU. 

(2) Hurricane Port Condition ZULU. 

All oceangoing commercial vessel traffic 

over 200GT are prohibited from 

transiting or remaining in any of the 11 

regulated areas designated as being in 

Port Condition Zulu within COTP San 

Juan within 12 hours of anticipated 

landfall of a tropical storm or hurricane; 

or upon the Coast Guard setting of Port 

Condition ZULU, unless written 

permission is obtained from the Captain 

of the Port. 

(3) Emergency Closure for Other 

Disasters. Any natural or other disasters 

that are anticipated to effect the COTP 

San Juan AOR will result in the 

prohibition of commercial vessel traffic 

transiting or remaining in any of the 11 

regulated areas predicted to be effected 

as designated by the COTP San Juan = . 

(4) Pursuant to the general regulations 

in § 165.33 of this part, entering, 

anchoring, mooring or transiting in the 

regulated areas enacted above in 

paragraphs (c)(1) and (c)(2) is prohibited 

unless authorized by the Coast Guard 

Captain of the Port of San Juan. 

(5) Persons desiring to transit the area 

of the safety zone may contact the 

Captain of the Port at the Sector San 

Juan at (787) 289–2041 or via VHF radio 

on Channel 16 to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

the Port or his designated 

representative. 

(6) Coast Guard Sector San Juan will 

attempt to notify the maritime 

community of periods during which 

these safety zones will be in effect by 

via a broadcast notice to mariners. 

§§ 165.763, § 165.766, § 165.770, § 165.771, 

§ 165.776, and § 165.778 [Removed and 

Reserved] 

■ 7. Remove and reserve §§ 165.763, 

165.766, 165.770, 165.771, 165.776 and 

165.778. 

Dated: May 5, 2013. 

D.W. Pearson, 

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

Port San Juan. 

[FR Doc. 2013–14077 Filed 6–13–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

Proposed priority—Rehabilitation 

Training: Rehabilitation Long-Term 

Training Program—Vocational 

Rehabilitation Counseling 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Proposed priority. 

[CFDA Number: 84.129B.] 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a priority under the 

Rehabilitation Training: Rehabilitation 

Long-Term Training program. The 

Assistant Secretary may use this priority 

for competitions in fiscal year (FY) 2013 

and later years. We take this action to 

focus on training in an area of national 

need. This priority is designed to ensure 

that the Department funds high quality 

rehabilitation counseling programs that 

meet rigorous standards in order to 

provide students with the training 

necessary to become qualified 

rehabilitation counselors capable of 

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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules 35809 

meeting the current challenges facing 

State vocational rehabilitation (VR) 

agencies and related agencies. 

DATES: We must receive your comments 

on or before July 15, 2013. 

ADDRESSES: Address all comments about 

this notice to RoseAnn Ashby, U.S. 

Department of Education, 400 Maryland 

Avenue SW., Room 5055, Potomac 

Center Plaza (PCP), Washington, DC 

20202–2800. 

If you prefer to send your comments 

by email, use the following address: 

roseann.ashby@ed.gov. You must 

include the phrase ‘‘Vocational 

Rehabilitation Counseling’’ in the 

subject line of your electronic message. 

FOR FURTHER INFORMATION CONTACT: 

RoseAnn Ashby. Telephone: (202) 245– 

7258. 

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 

priority. To ensure that your comments 

have maximum effect in developing the 

final priority, we urge you to identify 

clearly the specific section of the 

priority that each comment addresses. 

We invite you to assist us in 

complying with the specific 

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 5055, 550 12th 

Street SW., PCP, 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 

Rehabilitation Long-Term Training 

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. 

Proposed Priority 

This notice contains one proposed 

priority. 

Vocational Rehabilitation Counseling 

Background 

Due to the changes in the economic 

circumstances in many States, people 

with disabilities are facing significant 

employment challenges. According to 

Krepcio and Martin (2012), some of 

those changes in the economy are 

characterized as: shifting job functions; 

increasing demands for certifications 

and technical skills; rapid changes in 

technology; and frequent and longer 

periods of unemployment, particularly 

for persons with disabilities. State VR 

agencies and their partners must 

respond to these changes by asking the 

question: In this new economy, where 

and how can the VR profession add true 

and targeted value to achieve the goal of 

meaningful careers and independence 

for persons with disabilities? 

It is equally important for the 

Department to ask this question about 

rehabilitation training grants authorized 

under Section 302 of the Rehabilitation 

Act of 1973, as amended. For example, 

the funding priority under the 

Rehabilitation Long-Term Training 

program has not changed in over two 

decades. The Department believes that a 

significant redesign of this priority is 

needed in order to help ensure that 

personnel trained under this program 

are prepared to help consumers achieve 

high-quality employment in today’s 

economy. In order to support the 

redesign of the priority, the Department 

conducted two activities to obtain more 

information about the changes affecting 

the VR field. These activities were 

designed to engage grant recipients, 

consumers with disabilities, stakeholder 

groups, employers, and other partners in 

a discussion about the changes in the 

economy and how to better prepare 

rehabilitation counselors to meet the 

current employment needs of 

individuals with disabilities. 

First, on November 8, 2012, the 

Department published a ‘‘Request for 

Information’’ (RFI) in the Federal 

Register (77 FR 66959) pertaining to the 

Rehabilitation Long-Term Training 

program. The purpose of the RFI was to 

collect data focused on the following 

four areas: (1) Challenges facing State 

VR agencies, counselors, and training 

programs; (2) effective practices aimed 

at increasing the supply, qualifications, 

and retention of VR counselors; (3) 

proposed changes to the Rehabilitation 

Long-Term Training program that reflect 

the needs of VR consumers; and (4) new 

and emerging skill sets needed by VR 

counselors in order to prepare 

individuals with disabilities for 

employment in the current and future 

labor markets. The Department received 

61 comments, some of which provided 

examples and additional context in 

response to each of these four areas, and 

some of which supported the current 

priorities of the Rehabilitation LongTerm Training program. 

Second, in December 2012, the 

Department participated in a National 

Employment Conference. The theme of 

this conference was ‘‘The New 

Economy: Re-think, Re-Align, ReInvent,’’ and included participants from 

State VR agencies, consumers with 

disabilities, businesses, stakeholders, 

and Federal agency partners from the 

Departments of Health and Human 

Services, Veterans Affairs, Labor, and 

the Social Security Administration. The 

goal of this conference was to explore 

several questions, including: 

• What additional information do we 

need in order to broaden and strengthen 

our understanding of the new economy 

and its implications for people with 

disabilities? 

• What are the most important 

aspects of our current system that 

should be preserved in order to meet the 

challenges of a new economy, and, 

alternatively, what aspects of our 

current system should be terminated as 

unproductive? 

• What capacities do we need to 

develop within our system to better 

serve the needs of people with 

disabilities in the new economy? 

• Finally, what relationships do we 

need to develop or strengthen in order 

to support people with disabilities in 

finding employment in the new 

economy? 

The Department continues to pose 

many of these questions to its partners 

and stakeholders. 

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35810 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules 

Both of these activities contributed to 

the redesign of a funding priority for the 

Rehabilitation Long-Term Training 

program. The goal of this priority is to 

increase the skills of rehabilitation 

counseling students so that upon 

graduation they are prepared to 

effectively meet the needs and demands 

of consumers with disabilities and 

employers. Therefore, the priority will 

require applicants to provide projected 

employment needs for and shortages of 

rehabilitation counselors in their region; 

describe how they will implement 

specific grant requirements to comply 

with 34 CFR Part 386; strengthen the 

curriculum for training rehabilitation 

counselors, including incorporating 

practices that will ensure students are 

prepared to assist individuals with 

disabilities to obtain competitive 

employment in the current and future 

labor market and integrating the latest 

technology into methods of instruction; 

evaluate student proficiency; and 

evaluate the program, including the 

effect the program has over a period of 

time to fill vacancies in the State VR 

agency with qualified counselors. The 

redesign of this priority under the 

Rehabilitation Long-Term Training 

program is the first step in a much larger 

effort to ensure that students enrolled in 

degree programs receive the necessary 

training to help consumers achieve 

high-quality employment in today’s 

economy. 

The following is a summary of data 

collected from the RFI that supports the 

need for the Department to redesign the 

priority under the Rehabilitation LongTerm Training program in order to 

respond to changes in the VR field. 

First, commenters indicated that for a 

variety of reasons, over the next five 

years, there will be a shortage of 

qualified VR counselors to meet the 

needs of State VR agencies. Based on 

data the Department collected for FY 

2012, 8,360 counselors were employed 

by State VR agencies. Based on their 

own State-level data, numerous 

commenters representing State VR 

agencies provided projections of the 

need for VR counselors to meet current 

and anticipated demands. In making 

these projections, several factors were 

considered, such as the pending 

retirement of current VR counselors, the 

scarcity of qualified counselors in 

certain geographical locations (e.g. rural 

areas), and staff turnover resulting from 

relatively low State salaries. Based on 

an aggregation of this State-level 

information, the Department estimates 

that there will be a need for 1,800 VR 

counselors over the next 5 years, 

approximately 360 new VR counselors 

per year. For these reasons, commenters 

expressed strong support for increasing 

the number of grants awarded under the 

Rehabilitation Long-Term Training 

program that emphasize the training of 

rehabilitation counselors. 

Second, a number of commenters 

provided information to support the 

need for potential rehabilitation 

counselors to obtain master’s degrees. 

State VR agencies, the commenters 

explained, are required to develop 

standards for their counselors under a 

Comprehensive System of Personnel 

Development (CSPD) that are consistent 

with any national, State-approved, or 

State-recognized certification, licensing, 

or registration requirements. Most State 

VR agencies have adopted the standard 

for a qualified rehabilitation counselor 

established by the Commission on 

Rehabilitation Counselor Certification 

(CRCC), which is described at 

www.crccertification.com. Meeting this 

standard requires a master’s degree in 

rehabilitation counseling or a related 

field, and commenters indicated that 

many State VR agencies are unable to 

comply with their CSPD requirements 

and have resorted to hiring individuals 

with a bachelor’s degree in order to fill 

vacant positions. As a result, State VR 

agencies must provide additional 

training for these individuals to meet 

the CSPD requirements, which may 

delay compliance with the 

Rehabilitation Act and adversely impact 

positive employment outcomes for 

consumers. Further, State VR agencies 

have limited funds for additional 

training, thereby making the 

Department’s financial support for 

students obtaining a master’s degree 

critical to ensuring that State VR 

agencies comply with CSPD 

requirements and that limited funding is 

used effectively. 

Third, commenters noted that staff in 

State VR agencies need more training to 

effectively work with individuals who 

experience a wide range of disabilities, 

issues, and challenges. In particular, 

individuals with autism, individuals 

with mental health issues, transition-age 

youth with disabilities, and individuals 

with disabilities who have been 

involved in the criminal justice system 

comprise an increasing percentage of 

State VR agency caseloads. 

Rehabilitation counseling programs that 

prepare students to use current 

evidence-based and emerging practices 

to assist consumers receiving VR 

services to obtain and maintain 

employment across this range of 

disabilities, issues, and challenges are 

greatly needed. 

Furthermore, rehabilitation 

counselors must be able to prepare 

consumers receiving VR services to 

meet the demands of the current and 

emerging economy, including the use of 

technology, so that they will be careerready and have the resources to succeed 

in this new labor market. Rehabilitation 

counselors must also be prepared to 

meet employer demands and better use 

labor market information in the job 

placement process. Training programs 

that prepare rehabilitation counselors to 

address these demands are needed. 

References 

Fogg, N.P., Harrington, P.E., & McMahon, 

B.T. (2010). The impact of the Great 

Recession upon the unemployment of 

Americans with disabilities. Journal of 

Vocational Rehabilitation, 33, 193–202. 

Krepcio, K., & Martin, M.M. (2012). The State 

of the U.S. Workforce System: A Time 

for Incremental Realignment or Serious 

Reform? John J. Heldrich Center for 

Workforce Development, research report, 

1–15. 

Proposed Priority 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

proposes a priority to fund programs 

leading to a master’s degree in 

rehabilitation counseling. The goal of 

this priority is to increase the skills of 

rehabilitation counseling students 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 rehabilitation 

counseling program will prepare 

rehabilitation counselors with 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 aligns with 

evidence-based and competency-based 

practices in the field of rehabilitation 

counseling; 

(2) The curriculum prepares students 

to meet all applicable certification 

standards; 

(3) The curriculum addresses new or 

emerging consumer needs or trends at 

the national, State, and regional levels; 

(4) The curriculum teaches students 

to address the needs of individuals with 

a range of disabilities and individuals 

with disabilities who are from diverse 

cultural backgrounds; 

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(5) The curriculum will train students 

to assess the assistive technology needs 

of consumers, identify the most 

appropriate assistive technology 

services and devices for assisting the 

consumer to obtain and retain 

employment, and train consumers to 

use such technology; 

(6) The curriculum will teach 

students to identify employer needs in 

their State and local areas and to work 

with employers effectively in today’s 

economy; and 

(7) The latest technology is 

incorporated into the methods of 

instruction (e.g., the use of distance 

education to reach students 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 

students who have the potential to 

successfully complete the academic 

program, all required practicum and 

internship experiences, and the required 

service obligation; 

(2) Educate potential students 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 students 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 students throughout the 

course of the academic program to 

ensure successful completion; 

(5) Ensure that all students complete 

an internship in a State VR agency as a 

requirement for program completion; 

(6) Provide career counseling, 

including informing students of 

professional contacts and networks, job 

leads, and other necessary resources and 

information to support students in 

successfully obtaining and retaining 

qualifying employment; 

(7) Maintain regular contact with 

students upon successful program 

completion, (e.g., matching students 

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 students after program exit to 

ensure that student 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 students 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 students 

and formalized on-boarding and 

induction experiences for new hires; 

(2) Formal opportunities for students 

to obtain work experiences through 

internships, practicum agreements, job 

shadowing, and mentoring 

opportunities; and 

(3) A mechanism for ensuring that 

there is an assessment developed by the 

supervisor at the work site that details 

the student’s strengths and areas for 

improvement that must be addressed, 

and that whenever possible, the results 

of this assessment are provided to the 

institution to ensure that future students 

receive all necessary preparation and 

training prior to program completion. 

(e) Describe how students 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 student 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, including the effect the 

program has over a period of time on 

filling vacancies in the State VR agency 

with qualified counselors capable of 

providing quality services to consumers; 

how input from State VR agencies and 

community-based rehabilitation service 

providers will be included in the 

evaluation; and 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 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 

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 

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. 

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35812 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules 

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 

on 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 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 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. 

The benefits of the Rehabilitation 

Long-Term Training program have been 

well established over the years through 

the successful completion of similar 

projects. This proposed priority would 

promote rehabilitation counseling 

programs that will better prepare 

students to assist individuals to achieve 

employment in today’s challenging 

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) 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: June 11, 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. 2013–14186 Filed 6–13–13; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3001 

[Docket No. RM2012–4; Order No. 1738] 

Revisions to Procedural Rules 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is proposing 

revisions to its rules of practice related 

to Postal Service requests for an 

advisory opinion from the Commission 

on a nationwide (or substantially 

nationwide) change in the nature of 

service. The proposed revisions are 

intended to expedite issuance of 

advisory opinions while preserving due 

process. The Commission invites public 

comment on the proposed revisions to 

assist with development of a final set of 

revised rules. 

DATES: Comments are due: July 29, 

2013. Reply comments are due: August 

28, 2013. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820. 

SUPPLEMENTARY INFORMATION: Regulatory 

history: 77 FR 23176 (April 18, 2012). 

Table of Contents 

I. Introduction 

II. Proposed N-Case Procedures 

III. Section-By-Section Analysis 

IV. Conclusion 

V. Ordering Paragraphs 

Appendix–Initial and Reply Comments 

I. Introduction 

This is the second in a series of orders 

addressing the need for more timely 

completion of nature of service 

proceedings. The Commission’s initial 

order was issued as an advance notice 

of proposed rulemaking and solicited 

comments on whether changes to 

existing procedures and regulations are 

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