11738 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Proposed Rules 

and Trademark Office, Madison 

Building West, 600 Dulany Street, 

Alexandria, VA 22341. As with written 

comments, comments made orally at the 

public meeting should not include 

confidential or proprietary information, 

and all comments from attendees will be 

will be recorded and transcribed, and 

will made available publically along 

with written comments at http:// 

dmf.ntis.gov/. 

Seating at the public meeting will be 

limited, and attendance will be ‘‘firstcome, first-served,’’ on a space-available 

basis. The public meeting will also be 

webcast for those who are unable to 

participate in person. Details about the 

public meeting, including how to 

register, will be posted at the NTIS DMF 

Web page, http://dmf.ntis.gov/. The 

NTIS DMF Web page also has 

information about how to subscribe to 

the NTIS email distribution list to 

receive announcements from NTIS 

about the progress of the establishment 

of the certification program. To 

subscribe to this free service, you may 

provide an email address to 

jhounsell@ntis.gov. 

Dated: February 25, 2014. 

Bruce Borzino, 

Director. 

[FR Doc. 2014–04584 Filed 2–28–14; 8:45 am] 

BILLING CODE 3510–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–1994–P–0314 (Formerly 

Docket No. 94P–0168)] 

Food Labeling: Serving Sizes; 

Reference Amount and Serving Size 

Declaration for Hard Candies, Breath 

Mints 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

withdrawing a proposed rule entitled 

‘‘Food Labeling; Serving Sizes; 

Reference Amount and Serving Size 

Declaration for Hard Candies, Breath 

Mints’’ that published in the Federal 

Register of December 30, 1997 (62 FR 

67775). We are taking this action 

because we are issuing a proposed rule 

on the serving sizes of foods in general 

that is published elsewhere in this issue 

of the Federal Register. 

DATES: The proposed rule that 

published on December 30, 1997 (62 FR 

67775), is withdrawn as of March 3, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Mark Kantor, Center for Food Safety and 

Applied Nutrition (HFS–830), Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 240– 

402–1450. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of December 

30, 1997, FDA published a proposed 

rule entitled ‘‘Food Labeling; Serving 

Sizes; Reference Amount and Serving 

Size Declaration for Hard Candies, 

Breath Mints’’ (the 1997 breath mints 

proposed rule). The 1997 breath mints 

proposed rule would change the label 

serving size for the product category 

‘‘Hard candies, breath mints’’ so that the 

serving size for all breath mint products 

would be one unit. The 1997 breath 

mints proposed rule was published, in 

part, in response to a citizen petition 

(Docket No. FDA–1994–P–0314 

(formerly Docket No. 94P–0168)) that 

requested a serving size for breath mints 

that more accurately reflected the 

amount customarily consumed per 

eating occasion. Specifically, the 

petition requested that FDA create a 

separate product category with a 0.5- 

gram (g) reference amount for small 

breath mints (weighing 0.5 g or less). 

The petition concluded that the serving 

size for small breath mints should be ‘‘1 

mint.’’ The 1997 breath mints proposed 

rule also would amend the current 

rounding requirements for calories as 

described in 21 CFR 101.9(c)(1), which 

states that the caloric content per 

serving must be expressed to the nearest 

5-calorie increment up to and including 

50 calories, and 10-calorie increment 

above 50 calories, except that amounts 

less than 5 calories may be expressed as 

zero. The 1997 breath mints proposed 

rule would allow the declaration of 

calorie amounts of less than 5 calories 

on the Nutrition Facts label, provided 

that the number of calories declared on 

the Nutrition Facts label is consistent 

with the number of calories declared in 

any claim about the amount of calories 

made under 21 CFR 101.13(i). 

In the Federal Register of April 4, 

2005 (70 FR 17010), we issued an 

advance notice of proposed rulemaking 

(ANPRM) entitled ‘‘Food Labeling: 

Serving Sizes of Products That Can 

Reasonably Be Consumed At One Eating 

Occasion; Updating of Reference 

Amounts Customarily Consumed; 

Approaches for Recommending Smaller 

Portion Sizes.’’ The ANPRM requested 

comment on whether we should amend 

certain nutrition labeling regulations 

concerning serving size. 

In response to the ANPRM, elsewhere 

in this issue of the Federal Register, we 

are publishing a proposed rule that 

would, in part, amend the serving size 

for breath mints. 

II. Withdrawal of the 1997 Proposed 

Rule 

Because we are addressing issues 

related to the label serving size for 

breath mints, in conjunction with other 

serving size issues, in a proposed rule 

entitled, ‘‘Serving Sizes of Foods That 

Can Reasonably Be Consumed At OneEating Occasion; Dual-Column Labeling; 

Updating, Modifying, and Establishing 

Certain Reference Amounts Customarily 

Consumed; Serving Size for Breath 

Mints; and Technical Amendments,’’ 

published elsewhere in this issue of the 

Federal Register, we are withdrawing 

the 1997 breath mints proposed rule. 

Dated: February 24, 2014. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2014–04386 Filed 2–27–14; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2014–OSERS–0013; CFDA 

Number: 84.133B–4] 

Proposed 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: Proposed priority. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a priority for the 

Rehabilitation Research and Training 

Center (RRTC) Program administered by 

the National Institute on Disability and 

Rehabilitation Research (NIDRR), 

specifically, a priority for an RRTC on 

Health and Function of Individuals with 

Physical Disabilities. We take this action 

to focus research attention on an area of 

national need. We intend the priority to 

contribute to improved outcomes of 

health and function of individuals with 

physical disabilities. 

DATES: We must receive your comments 

on or before April 2, 2014. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Proposed Rules 11739 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to the site?’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these proposed 

regulations, address them to Patricia 

Barrett, U.S. Department of Education, 

400 Maryland Avenue SW., Room 5142, 

Potomac Center Plaza (PCP), 

Washington, DC 20202–2700. 

Privacy Note: The Department’s policy is 

to make all comments received from 

members of the public available for public 

viewing in their entirety on the Federal 

eRulemaking Portal at www.regulations.gov. 

Therefore, commenters should be careful to 

include in their comments only information 

that they wish to make publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Barrett. Telephone: (202) 245– 

6211 or by email: patricia.barrett@

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 

proposed 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: (1) Improve the 

quality and utility of disability and 

rehabilitation research; (2) foster an 

exchange of research findings, expertise 

and other information to advance 

knowledge and understanding of the 

needs of individuals with disabilities 

and their family members, including 

those from among traditionally 

underserved populations; (3) determine 

effective practices, programs, and 

policies to improve community living 

and participation, employment, and 

health and function outcomes for 

individuals with disabilities of all ages; 

(4) identify research gaps and areas for 

promising research investments; (5) 

identify and promote effective 

mechanisms for integrating research and 

practice; and (6) disseminate research 

findings to all major stakeholder groups, 

including individuals with disabilities 

and their families in formats that are 

appropriate and meaningful to them. 

This notice proposes one priority that 

NIDRR intends to use for one or more 

competitions in FY 2014 and possibly in 

later years. NIDRR is under no 

obligation to make an award under this 

priority. The decision to make an award 

will be based on the quality of 

applications received and available 

funding. NIDRR may publish additional 

priorities, as needed. 

Invitation to Comment: We invite you 

to submit comments regarding this 

proposed priority. To ensure that your 

comments have maximum effect in 

developing the final priority, we urge 

you to identify clearly the specific topic 

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 proposed priority in room 

5142, 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 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. The 

Program is also intended 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, and improve the effectiveness of, 

services authorized under the 

Rehabilitation Act through welldesigned research, training, technical 

assistance, and dissemination activities 

in important topical areas as specified 

by NIDRR with guidance from its 

Rehabilitation Research Advisory 

Council. These activities are designed to 

benefit rehabilitation service providers, 

individuals with disabilities, family 

members, policymakers and other 

research stakeholders. Additional 

information on the RRTC program can 

be found at: http://www2.ed.gov/

programs/rrtc/index.html. 

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

and 764(b)(2). 

Applicable Program Regulations: 34 

CFR part 350. 

Proposed Priority: 

This notice contains one proposed 

priority. 

Background 

Of the 51.5 million adults with a 

disability in the United States, 41.5 

million have physical disabilities, and 

close to 12.0 million need assistance 

from another person to perform one or 

more physical functions or activities, 

such as getting around inside the home, 

getting into or out of bed, bathing, 

dressing, eating, toileting, going outside 

the home, managing money, preparing 

meals, doing housework, taking 

prescription medication, and using the 

phone. (Brault, 2012). In addition to 

functional limitations associated with 

physical disability, individuals with 

physical disabilities (as well as 

individuals with other kinds of 

disabilities) have more health problems 

and less access to health care (Centers 

for Disease Control and Prevention, 

2013; Drumm, Krahn, Culley, 

Hammond, 2005; Campbell, Sheets, 

Strong, 1999). Despite differences in the 

type, onset, severity, and progression of 

health problems experienced by 

individuals with different causes of 

physical disabilities, there are many 

health problems that occur across a 

wide range of physical disabilities, 

including fatigue, chronic pain, 

spasticity, weight problems, bladder and 

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11740 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Proposed Rules 

bowel problems, urinary tract 

infections, depression, and isolation. 

Common to all is that they have an 

adverse impact on the individual’s wellbeing, they must be managed to prevent 

further complications (Rimmer, Chen, 

Hsieh, 2011), and they can impede high 

school completion, employment, and 

social activities (Drumm, Krahn, Culley, 

Hammond, 2005). 

Prospective research examining the 

risk factors associated with the onset of 

health problems, their severity, and 

progression is limited. There is a need 

to better understand how specific health 

problems are interrelated with optimal 

health and function; how they may 

affect community participation, lost 

work productivity, and decreased 

quality of life; and how they may be 

prevented or mitigated (Rimmer, Chen, 

Hsieh, 2011; Centers for Disease Control 

and Prevention, 2013a). 

Despite their substantial health needs 

and elevated risk of adverse health 

outcomes, individuals with disabilities 

are at a substantial disadvantage in 

obtaining access to needed health care 

services compared to those without 

disabilities. Information remains 

limited, but recent studies indicate that 

people with disabilities, including 

individuals with physical disabilities, 

experience problems in gaining access 

to appropriate health care and health 

promotion and disease prevention 

programs and services (National Council 

on Disability, 2009; Yee, 2011). Reasons 

cited for these disparities include lack 

of health insurance or coverage for 

necessary services, such as specialty 

care, long-term care, care coordination, 

prescription medications, durable 

medical equipment, and assistive 

technologies. Additional factors include 

limited accessibility at medical 

facilities, lack of examination 

equipment and individualized 

accommodations that can be used by 

people with diverse disabilities, and the 

absence of professional training on 

disability competency issues for 

healthcare practitioners. 

NIDRR has funded a wide range of 

disability research and development 

projects related to the health and 

functional outcomes of individuals with 

disabilities. As described in NIDRR’s 

long-range plan, the ‘‘health and 

function’’ domain covers research that 

improves the understanding of the 

health status, health needs, and health 

care access of individuals with 

disabilities. In accordance with NIDRR’s 

Plan, NIDRR seeks to build on these 

investments by supporting innovative 

and well-designed research and 

development projects that fall under one 

or more of NIDRR’s general ‘‘health and 

function’’ priority areas. 

NIDRR hopes to increase competition 

and innovation by allowing applicants 

to specify the research topics under the 

broad priority areas within the health 

and function domain. An applicant 

must identify the relevant priority area 

or areas, indicate the stage or stages of 

the proposed research in its application 

(i.e., exploration and discovery, 

intervention development, intervention 

efficacy, and scale-up evaluation), 

justify the need and rationale for 

research at the proposed stage or stages, 

and describe fully an appropriate 

methodology or methodologies for the 

proposed research. 

References 

Brault, M.W. (2012). Americans with 

Disabilities: 2010. U.S. Census Bureau, 

U.S. Department of Commerce. (available 

at: www.census.gov/prod/2012pubs/p70- 

131.pdf). 

Campbell, M.L., Sheets, D., & Strong, P.S. 

(1999). Secondary health conditions 

among middle-aged individuals with 

chronic physical disabilities: 

Implications for unmet needs for 

services. Assistive Technology, 11, 2, 

105–122. 

Centers for Disease Control and Prevention 

(2013). Disability and Health: Related 

Conditions. (available at: http://

www.cdc.gov/ncbddd/

disabilityandhealth/

relatedconditions.html). 

Centers for Disease Control and Prevention 

(2013a). Healthy People 2020: Disability 

and Health. (available at: http://

www.healthypeople.gov/2020/

topicsobjectives2020/

overview.aspx?topicid=9). 

Drumm, C., Krahn, G., Culley, C., Hammond 

L. (2005). Recognizing and responding to 

the health disparities of people with 

disabilities. California journal of health 

promotion, 3, 3, 29–42. 

National Council on Disability (2009). The 

Current State of Health Care for People 

with Disabilities. National Council on 

Disability. Washington, DC. (available at: 

www.ncd.gov/publications/2009/

Sept302009). 

Rimmer, J.H., Chen, M., Hsieh, K. (2011). A 

Conceptual Model for Identifying, 

Preventing, and Managing Secondary 

Conditions in People With Disabilities. 

Physical Therapy, 91, 12, 1728–1739. 

(available at: http://ptjournal.apta.org/

content/91/12/1728.full.pdf+html). 

Yee, Sylvia (2011). Health and Health Care 

Disparities Among People with 

Disabilities. Disability Rights Education 

& Defense Fund. Berkeley, CA. (available 

at: www.dredf.org/healthcare/Healthand-Health-Care-Disparities-AmongPeople-with-Disabilities.pdf). 

Definitions 

The research that is proposed under 

this priority must be focused on one or 

more stages of research. If the RRTC is 

to conduct research that can be 

categorized under more than one 

research stage, or research that 

progresses from one stage to another, 

those research stages must be clearly 

specified. For purposes of this priority, 

the stages of research are from the final 

priorities and definitions published in 

the Federal Register on May 7, 2013 (78 

FR 26513): 

(i) Exploration and Discovery means 

the stage of research that generates 

hypotheses or theories by conducting 

new and refined analyses of data, 

producing observational findings, and 

creating other sources of research-based 

information. This research stage may 

include identifying or describing the 

barriers to and facilitators of improved 

outcomes of individuals with 

disabilities, as well as identifying or 

describing existing practices, programs, 

or policies that are associated with 

important aspects of the lives of 

individuals with disabilities. Results 

achieved under this stage of research 

may inform the development of 

interventions or lead to evaluations of 

interventions or policies. The results of 

the exploration and discovery stage of 

research may also be used to inform 

decisions or priorities. 

(ii) Intervention Development means 

the stage of research that focuses on 

generating and testing interventions that 

have the potential to improve outcomes 

for individuals with disabilities. 

Intervention development involves 

determining the active components of 

possible interventions, developing 

measures that would be required to 

illustrate outcomes, specifying target 

populations, conducting field tests, and 

assessing the feasibility of conducting a 

well-designed intervention study. 

Results from this stage of research may 

be used to inform the design of a study 

to test the efficacy of an intervention. 

(iii) Intervention Efficacy means the 

stage of research during which a project 

evaluates and tests whether an 

intervention is feasible, practical, and 

has the potential to yield positive 

outcomes for individuals with 

disabilities. Efficacy research may assess 

the strength of the relationships 

between an intervention and outcomes, 

and may identify factors or individual 

characteristics that affect the 

relationship between the intervention 

and outcomes. Efficacy research can 

inform decisions about whether there is 

sufficient evidence to support ‘‘scalingup’’ an intervention to other sites and 

contexts. This stage of research can 

include assessing the training needed 

for wide-scale implementation of the 

intervention, and approaches to 

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evaluation of the intervention in real 

world applications. 

(iv) Scale-Up Evaluation means the 

stage of research during which a project 

analyzes whether an intervention is 

effective in producing improved 

outcomes for individuals with 

disabilities when implemented in a realworld setting. During this stage of 

research, a project tests the outcomes of 

an evidence-based intervention in 

different settings. The project examines 

the challenges to successful replication 

of the intervention, and the 

circumstances and activities that 

contribute to successful adoption of the 

intervention in real-world settings. This 

stage of research may also include welldesigned studies of an intervention that 

has been widely adopted in practice, but 

that lacks a sufficient evidence-base to 

demonstrate its effectiveness. 

Proposed Priority 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

proposes a priority for an RRTC on 

Health and Function of Individuals with 

Physical Disabilities. 

The RRTC must contribute to 

maximizing the health and function 

outcomes of individuals with physical 

disabilities by: 

(a) Conducting research activities in 

one or more of the following priority 

areas, focusing on individuals with 

physical disabilities as a group or on 

individuals in specific disability or 

demographic subpopulations of 

individuals with physical disabilities: 

(i) Technology to improve health and 

function outcomes for individuals with 

physical disabilities. 

(ii) Individual and environmental 

factors associated with improved access 

to rehabilitation and health care and 

improved health and function outcomes 

for individuals with physical 

disabilities. 

(iii) Interventions that contribute to 

improved health and function outcomes 

for individuals with physical 

disabilities. Interventions include any 

strategy, practice, program, policy, or 

tool that, when implemented as 

intended, contributes to improvements 

in outcomes for the specified 

population. 

(iv) Effects of government practices, 

policies, and programs on health care 

access and on health and function 

outcomes for individuals with physical 

disabilities; 

(v) Practices and policies that 

contribute to improved health and 

function outcomes for individuals with 

physical disabilities. 

(b) Focusing its research on one or 

more specific stages of research. If the 

RRTC is to conduct research that can be 

categorized under more than one of the 

research stages, or research that 

progresses from one stage to another, 

those stages must be clearly specified. 

The research stages and their definitions 

are listed before the Definitions section 

in this notice. 

(c) Serving as a national resource 

center related to health and function for 

individuals with physical disabilities, 

their families, and other stakeholders by 

conducting knowledge translation 

activities that include, but are not 

limited to: 

(i) Providing information and 

technical assistance to service 

providers, individuals with physical 

disabilities and their representatives, 

and other key stakeholders. 

(ii) Providing training, including 

graduate, pre-service, and in-service 

training, to rehabilitation providers and 

other disability service providers, to 

facilitate more effective delivery of 

services to individuals with physical 

disabilities. This training may be 

provided through conferences, 

workshops, public education programs, 

in-service training programs, and 

similar activities. 

(iii) Disseminating research-based 

information and materials related to 

health and function for individuals with 

physical disabilities. 

(iv) Involving key stakeholder groups 

in the activities conducted under 

paragraph (a) in order to maximize the 

relevance and usability of the new 

knowledge generated by the RRTC. 

Types of Priorities 

When inviting applications for a 

competition using one or more 

priorities, we designate the type of each 

priority as absolute, competitive 

preference, or invitational through a 

notice in the Federal Register. The 

effect of each type of priority follows: 

Absolute priority: Under an absolute 

priority, we consider only applications 

that meet the priority (34 CFR 

75.105(c)(3)). 

Competitive preference priority: 

Under a competitive preference priority, 

we give competitive preference to an 

application by (1) awarding additional 

points, depending on the extent to 

which the application meets the priority 

(34 CFR 75.105(c)(2)(i)); or (2) selecting 

an application that meets the priority 

over an application of comparable merit 

that does not meet the priority (34 CFR 

75.105(c)(2)(ii)). 

Invitational priority: Under an 

invitational priority, we are particularly 

interested in applications that meet the 

priority. However, we do not give an 

application that meets the priority a 

preference over other applications (34 

CFR 75.105(c)(1)). 

Final Priority 

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. 

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 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 

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11742 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Proposed Rules 

(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 upon a reasoned determination 

that its benefits would justify its costs. 

In choosing among alternative 

regulatory approaches, we selected 

those approaches that would maximize 

net benefits. Based on the analysis that 

follows, the Department believes that 

these proposed priorities are 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 Disability and 

Rehabilitation Research Projects and 

Centers Program have been well 

established over the years. Projects 

similar to the RRTCs have been 

completed successfully, and the 

proposed priorities will generate new 

knowledge through research. The new 

RRTCs will generate, disseminate, and 

promote the use of new information that 

would improve outcomes for 

individuals with disabilities in the areas 

of community living and participation, 

employment, and health and function. 

Intergovernmental Review: This 

program is not subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. 

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: February 26, 2014. 

Michael K. Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2014–04644 Filed 2–28–14; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[ CFDA Number: 84.133B–3.] 

Proposed 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: Proposed priority. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a priority for the 

Rehabilitation Research and Training 

Center (RRTC) Program administered by 

the National Institute on Disability and 

Rehabilitation Research (NIDRR). 

Specifically, this notice proposes a 

priority for an RRTC on Employment for 

Individuals with Intellectual and 

Developmental Disabilities. We take this 

action to focus research attention on an 

area of national need. We intend for this 

priority to contribute to improved 

employment outcomes of individuals 

with intellectual and developmental 

disabilities. 

DATES: We must receive your comments 

on or before April 2, 2014. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to the site?’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these proposed 

regulations, address them to Patricia 

Barrett, U.S. Department of Education, 

400 Maryland Avenue SW., Room 5142, 

Potomac Center Plaza (PCP), 

Washington, DC 20202–2700. 

Privacy Note: The Department’s policy is 

to make all comments received from 

members of the public available for public 

viewing in their entirety on the Federal 

eRulemaking Portal at www.regulations.gov. 

Therefore, commenters should be careful to 

include in their comments only information 

that they wish to make publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Barrett. Telephone: (202) 245– 

6211 or by email: patricia.barrett@

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 proposed priority is in concert 

with NIDRR’s currently approved Longmstockstill on DSK4VPTVN1PROD with PROPOSALS