Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21547 

(1) the percentage of grantees closing the 

gap between their student/mental health 

professional ratios and the student/ 

mental health professional ratios 

recommended by the statute; and (2) the 

average number of referrals per grant 

site for disciplinary reasons in schools 

participating in the program. 

These measures constitute the 

Department’s indicators of success for 

this program. Consequently, we advise 

an applicant for a grant under this 

program to give careful consideration to 

these measures in conceptualizing the 

approach and evaluation for the 

applicant’s proposed project. Each 

grantee will be required to provide, in 

its annual performance and final 

reports, data about the grantee’s 

progress against these measures. 

5. Continuation Awards: In making a 

continuation award, the Secretary may 

consider, under 34 CFR 75.253, the 

extent to which a grantee has made 

‘‘substantial progress toward meeting 

the objectives in its approved 

application.’’ This consideration 

includes the review of a grantee’s 

progress in meeting the targets and 

projected outcomes in its approved 

application, and whether the grantee 

has expended funds in a manner that is 

consistent with its approved application 

and budget. In making a continuation 

grant, the Secretary also considers 

whether the grantee is operating in 

compliance with the assurances in its 

approved application, including those 

applicable to Federal civil rights laws 

that prohibit discrimination in programs 

or activities receiving Federal financial 

assistance from the Department (34 CFR 

100.4, 104.5, 106.4, 108.8, and 110.23). 

VII. Agency Contacts 

FOR FURTHER INFORMATION CONTACT: Lisa 

Harrison, U.S. Department of Education, 

550 12th Street SW., room 10070, 

Potomac Center Plaza (PCP), 

Washington, DC 20202–6450. 

Telephone: 202–245–7873 or by email: 

Lisa.Harrison@ed.gov or Loretta 

McDaniel, U.S. Department of 

Education, 550 12th Street, SW., room 

10080, Potomac Center Plaza (PCP), 

Washington, DC 20202–6450. 

Telephone: 202–245–7870 or by email: 

Loretta.McDaniel@ed.gov. 

If you use a TDD or TTY, call the FRS, 

toll free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an alternative format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT in section VII in this notice. 

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 5, 2012. 

Michael Yudin, 

Acting Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2012–8616 Filed 4–9–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Proposed Priorities; Disability and 

Rehabilitation Research Projects and 

Centers Program 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice. 

Overview Information: 

CFDA Number: 84.133E–1 and 

84.133E–3. 

Proposed Priorities—National 

Institute on Disability and 

Rehabilitation Research (NIDRR)— 

Disability and Rehabilitation Research 

Projects and Centers Program— 

Rehabilitation Engineering Research 

Centers (RERCs). 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes two priorities for the 

Disability and Rehabilitation Research 

Projects and Centers Program 

administered by NIDRR. Specifically, 

this notice proposes two priorities for 

RERCs: Recreational Technologies and 

Exercise Physiology Benefiting 

Individuals with Disabilities (Proposed 

Priority (1) and Rehabilitation Robotics 

(Proposed Priority (2)). The Assistant 

Secretary may use one or more of these 

priorities for competitions in fiscal year 

(FY) 2012 and later years. We take this 

action to focus research attention on 

areas of national need. We intend to use 

these priorities to improve rehabilitation 

services and outcomes for individuals 

with disabilities. 

DATES: We must receive your comments 

on or before May 10, 2012. 

ADDRESSES: Address all comments about 

this notice to Marlene Spencer, U.S. 

Department of Education, 400 Maryland 

Avenue SW., room 5133, Potomac 

Center Plaza (PCP), Washington, DC 

20202–2700. 

If you prefer to send your comments 

by email, use the following address: 

Marlene.Spencer@ed.gov. You must 

include the term ‘‘Proposed Priorities 

for RERCs’’ and the priority title in the 

subject line of your electronic message. 

FOR FURTHER INFORMATION CONTACT: 

Marlene Spencer. 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 proposed priorities is in 

concert with NIDRR’s currently 

approved Long-Range Plan (Plan). The 

Plan, which was published in the 

Federal Register on February 15, 2006 

(71 FR 8165), 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 expertise, information, and 

training to facilitate the advancement of 

knowledge and understanding of the 

unique needs of traditionally 

underserved populations; (3) determine 

best strategies and programs to improve 

rehabilitation outcomes for underserved 

populations; (4) identify research gaps; 

(5) identify mechanisms of integrating 

research and practice; and (6) 

disseminate findings. 

This notice proposes two priorities 

that NIDRR intends to use for RERC 

competitions in FY 2012 and possibly 

later years. However, nothing precludes 

NIDRR from publishing additional 

priorities, if needed. Furthermore, 

NIDRR is under no obligation to make 

awards for these priorities. The decision 

to make an award will be based on the 

quality of applications received and 

available funding. 

Invitation to Comment: We invite you 

to submit comments regarding this 

notice. To ensure that your comments 

have maximum effect in developing the 


srobinson on DSK4SPTVN1PROD with NOTICES
21548 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 

notice of final priorities, we urge you to 

identify clearly the specific proposed 

priority that each comment addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Order 12866 

and its overall requirement of reducing 

regulatory burden that might result from 

these proposed priorities. 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 5140, 550 12th 

Street, SW., PCP, Washington, DC, 

between the hours of 8:30 a.m. and 4 

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; and to 

improve the effectiveness of services 

authorized under the Rehabilitation Act 

of 1973, as amended (Rehabilitation 

Act). 

Rehabilitation Engineering Research 

Centers Program (RERCs) 

The purpose of NIDRR’s RERCs, 

which are 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, 

and health and function outcomes of 

individuals with disabilities. 

The general requirements for RERCs 

are set out in subpart D of 34 part 350 

(What Rehabilitation Engineering 

Research Centers Does the Secretary 

Assist?). 

Additional information on the RERC 

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. 

Proposed Priorities 

This notice contains two proposed 

priorities. Proposed Priority 1— 

Recreational Technologies and Exercise 

Physiology Benefiting Individuals with 

Disabilities. 

Background 

Individuals with disabilities engage in 

physical activity, or movement that 

enhances health, far less often than 

individuals without disabilities, despite 

the consistent evidence indicating the 

benefits of regular physical activity for 

their health and well-being (Institute of 

Medicine, 2007). Environmental 

barriers, such as inaccessible facilities, 

equipment, and recreational programs, 

continue to limit participation in 

physical and recreational activities 

among individuals with disabilities. 

Another factor impeding more 

engagement in physical activity among 

this population is limited knowledge 

about safe and appropriate levels of 

exercise. New knowledge in this area 

could be used to guide clinicians, other 

practitioners, and individuals with 

disabilities as they make decisions 

about optimal levels of participation in 

physical and recreational activities. 

While modifications to recreational 

facilities and equipment, such as the 

addition of swing-away seats to allow 

use from a wheelchair or the addition of 

braille instructions for the equipment, 

are becoming more common, these 

modifications are not universally 

available. Inaccessibility of recreational 

equipment and environments remains a 

primary barrier to participation in 

physical activities (Kailes, 2011). In 

addition to modifying existing facilities 

and equipment, there are novel 

recreational technologies that need to be 

tested for use by individuals with 

disabilities. For example, virtual reality 

(VR) and body movement tracking 

video-game technologies offer an 

emerging and highly promising method 

for promoting, monitoring, and 

supporting greater participation in 

physical activity by individuals with 

disabilities. 

For those individuals with disabilities 

who do engage in physical activity, 

there is little evidence about the amount 

of physical activity and energy 

expenditure required to promote health 

and function and prevent secondary 

conditions (Rimmer, Chen, McCubbin, 

Drum, Peterson, 2010). The 

development of new methods and 

techniques or adaptation of existing 

technologies that can estimate the 

intensity and frequency of physical 

activity (e.g., pedometers, 

accelerometers, and data-logging 

technologies) could be an effective 

means of promoting health and function 

for specific disability populations 

(Hiremath & Ding, 2011). 

For these reasons, NIDRR seeks to 

fund research and development 

activities that will facilitate equitable 

access to, and safe use of, recreational 

equipment, facilities, and recreational 

programs, and that will increase 

physical health and reduce secondary 

conditions associated with disability 

and sedentary lifestyle. 

References 

Hiremath SV, Ding D. (2011). Regression 

equations for RT3 activity monitors to 

estimate energy expenditure in manual 

wheelchair users. Conference Proceedings 

IEEE Engineering in Medicine and Biology 

Society. Aug; 2011:7348–51. 

Institute of Medicine. (2007). 

Adequacy of Evidence for Physical 

Activity Guidelines Development: 

Workshop summary. Washington, DC: 

The National Academies Press. 

Kailes, J.I. (2011). Using a fitness 

center does not have to be an exercise 

in frustration: Tips for people with 

mobility and visual disabilities. 

Retrieved January 25, 2012, from 

http://www.ncpad.org/programming/ 

fact_sheet.php?sheet

=812&view=all&print=yes. 

Rimmer, J.H., Chen, M.D., McCubbin, 

J.A., Drum, C., Peterson, J. (2010). 

Exercise intervention research on 

persons with disabilities: What we 

know and where we need to go. 

American Journal of Physical Medicine 

& Rehabilitation. 89(3): 249–63. 

Rimmer, J.H., Hsieh, K., Graham, B.C., 

Gerber, B.S., Gray-Stanley, J.A. (2010). 

Barrier removal in increasing physical 

activity levels in obese African 

American women with disabilities. 

Journal of Womens Health. 19(10): 

1869–76. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21549 

Proposed Priority 2—Rehabilitation 

Robotics 

Background 

Individuals working in the field of 

rehabilitation robotics develop robotic 

systems that assist persons who have a 

disability that affects object 

manipulation, mobility, and cognitive 

functions, or that provide therapy for 

persons seeking to improve physical 

functions (Van der Loos & 

Reinkensmeyer, 2008). Advances in 

assistance and therapy robotics can be 

used to improve outcomes of 

individuals with disabilities in one or 

more major life domains identified in 

NIDRR’s currently approved Long Range 

Plan, published in the Federal Register 

on February 15, 2006 (71 FR 8165): 

health and function, community living 

and participation, and employment. 

Assistance robots generally fall into 

three categories: Those that provide 

assistance with object manipulation, 

mobility, or cognition. Examples of 

assistance robots include manipulator 

arms, wheelchairs with semiautonomous navigation assistance, and 

cognitive aids that, for example, 

respond to sound, light, and contact to 

facilitate social interaction with 

children with autism and elderly adults 

with dementia (Van der Loos & 

Reinkensmeyer, 2008). There are a 

number of challenges associated with 

the design and widespread use of 

assistance robots for individuals with 

disabilities. For example, assistance 

robots typically need to be personalized 

to meet the specific needs, 

circumstances, and functional abilities 

of the individuals with disabilities using 

them. This need for individualization 

places practical limits on the design, 

marketing, and widespread distribution 

of these technological solutions. 

Another challenge is ensuring the safety 

of individuals who use assistance 

robots, while maintaining the assistance 

robots’ autonomy and optimal utility to 

the user (Van der Loos & 

Reinkensmeyer, 2008). 

Although current assistance robots 

show promise in providing individuals 

with disabilities greater independence 

and more choice in rehabilitation 

therapies, new advances in 

rehabilitation robotics are needed to 

optimize their value and utility. For 

example, robotic manipulator arms can 

be enhanced to increase the speed and 

strength of the arm, while monitoring 

and adjusting the strength of the end 

component of the robotic arm, known as 

the end effector or end of arm tool 

(EOAT). With this enhancement, the 

manipulated objects are not crushed by 

the EOAT. Also, electric powered 

wheelchairs could adopt technologies 

from mobile robots in order to provide 

more intuitive operation with less user 

vigilance and strain. This could include 

integrated sensors for natural obstacle 

detection and avoidance, docking or 

securing the wheelchair to a floor, and 

navigation assistance. In addition, there 

is a need for more research and 

development on robotic assistance aids 

for children and adults with cognitive 

impairments. 

Therapy robots generally aid in 

rehabilitation therapies for both the 

upper and lower extremities of 

individuals with a neurological 

disability, such as a stroke or spinal 

cord injury. Therapy robots can provide 

therapy over long periods of time, make 

precise measurements of therapeutic 

physical interventions to a degree not 

easily matched in other types of 

therapies, and provide exercises that a 

physical therapist cannot (Emken & 

Reinkensmeyer, 2005; Patton, PhillipsStoykov, Stojakovich, Mussa-Ivaldi, 

2006). 

Currently, therapy robots are found 

only in large medical and rehabilitation 

centers. There is a need to simplify, 

downsize, and develop home- and 

community-based robotic systems to 

allow safe, low-cost access to such 

therapy outside of large rehabilitation 

centers. Therapy robots can help extend 

the therapist’s clinical capacity into the 

community clinic and the home while 

allowing greater access to rehabilitation 

services for individuals with 

disabilities. For example, therapy robots 

could be linked to telerehabilitation 

portals to allow therapists to work 

remotely with patients in home and 

community-clinic settings (McCue, 

Fairman, Pramuka, 2010). 

The technology for robotics has made 

great advances in the last decade. 

Motors are now lighter and more 

powerful. Sensors are better and less 

expensive and batteries are greatly 

improved. These factors should help to 

facilitate the continuing growth of 

rehabilitation robotics, especially for 

wearable or lighter-weight robots. 

Accordingly, NIDRR seeks to fund an 

RERC that evaluates the efficacy of 

rehabilitation robotics and researches 

and develops innovative technologies 

and techniques to improve the current 

state of the science and usability of 

rehabilitation robotics for individuals 

with disabilities. 

References 

Emken, J. & Reinkensmeyer, D. (2005). 

Robot-enhanced motor learning: Accelerating 

internal model formation during locomotion 

by transient dynamic amplification, IEEE 

Transactions on Neural Systems and 

Rehabilitation Engineering, 99, 1–7. 

McCue M, Fairman A, Pramuka M. (2010). 

Enhancing quality of life through 

telerehabilitation. Physical Medicine and 

Rehabilitation Clinics of North America, 

21(1): 195–205. 

Patton, J.L., Phillips-Stoykov, M.E., 

Stojakovich, M., Mussa-Ivaldi, F.A. (2006). 

Evaluation of robotic training forces that 

either enhance or reduce error in chronic 

hemiparetic stroke survivors. Experimental 

Brain Research, 168, 368–383. 

Van der Loos, M. & Reinkensmeyer, D.J. 

(2008). Rehabilitation and Health Care 

Robotics. In: Springer Handbook of Robotics. 

Siciliano, Bruno; Khatib, Oussama (Eds.) 

Proposed Priorities 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

proposes the following priorities for the 

establishment of (a) a Rehabilitation 

Engineering Research Center (RERC) on 

Recreational Technologies and Exercise 

Physiology Benefiting Individuals with 

Disabilities; and (b) an RERC on 

Rehabilitation Robotics. Within its 

designated priority research area, each 

RERC will focus on innovative 

technological solutions, new 

knowledge, and concepts that will 

improve the lives of individuals with 

disabilities. 

(a) RERC on Recreational Technologies 

and Exercise Physiology Benefiting 

Individuals With Disabilities (Proposed 

Priority 1) 

Under this priority, the RERC must 

research, develop, and evaluate 

innovative technologies and strategies 

that will enhance recreational and 

physical activity opportunities for 

individuals with disabilities. The RERC 

must research, develop, or adapt 

technologies to capture, monitor, and 

analyze energy expenditure levels in 

individuals with disabilities as they 

perform different recreational and 

physical activities, so that clinicians, 

researchers and individuals with 

disabilities can better estimate the 

intensity and frequency of physical 

activity required to promote health and 

function within specific disability 

populations. In addition, the RERC must 

facilitate access to, and use of, 

recreational and physical activity 

equipment, facilities, and recreational 

programs, that improve physical health 

and reduce debilitating secondary 

conditions associated with disability 

and sedentary lifestyle through such 

means as collaboration and 

communication with relevant 

stakeholders, technical assistance, and 

technology transfer, in addition to 

research and the development and 

testing of innovations. 


srobinson on DSK4SPTVN1PROD with NOTICES
21550 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 

(b) RERC on Rehabilitation Robotics 

(Proposed Priority 2) 

Under this priority, the RERC must 

research, develop, and evaluate 

innovative technologies and strategies 

for the safe use of, and expanded access 

to, rehabilitation robotics by individuals 

with disabilities. This RERC must 

engage in research and development 

activities in the areas of both assistance 

and therapy robots for use by 

individuals with disabilities. The RERC 

must generate new knowledge and 

products that can improve the usability 

and utility of assistance robots so that 

they are more efficient and effective 

facilitators of independence and 

community participation. The RERC 

must also generate new knowledge and 

products that expand the use of therapy 

robots beyond large rehabilitation 

centers and into more community and 

home-based settings. 

Requirements Applicable to Both 

Proposed Priorities 

Under each priority, 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, their 

representatives, disability organizations, 

service providers, 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, under each priority, 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, in consultation with 

the NIDRR-funded National Center for 

the Dissemination of Disability 

Research, a plan to disseminate its 

research results to individuals with 

disabilities, their representatives, 

disability organizations, service 

providers, professional journals, 

manufacturers, and other interested 

parties; 

• Conduct a state-of-the-science 

conference on its designated priority 

research area in the fourth year of the 

project period, and publish a 

comprehensive report on the final 

outcomes of the conference in the fifth 

year of the project period; 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 

(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 Priorities: We will announce the 

final priorities in a notice in the Federal 

Register. We will determine the final 

priorities 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 these priorities, 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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21551 

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 

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 taking this regulatory action 

only on a reasoned determination that 

its benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that this proposed 

priority 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 of this 

regulatory action. The potential costs 

associated with this regulatory action 

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 in that similar 

projects have been completed 

successfully. These proposed priorities 

will generate new knowledge through 

research and development. Another 

benefit of these proposed priorities is 

that the establishment of new RERCs 

will 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. 

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, call the FRS, toll 

free, at 1–800–877–8339. 

Electronic Access to This Document: 

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) on the Internet at the 

following site: www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this 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 5, 2012. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2012–8614 Filed 4–9–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13287–004] 

New York City Department of 

Environmental Protection; Notice of 

Application Accepted for filing And 

Soliciting Motions To Intervene and 

Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Major project, 

existing dam. 

b. Project No.: 13287–004. 

c. Date filed: February 29, 2012. 

d. Applicant: New York City 

Department of Environmental 

Protection. 

e. Name of Project: Cannonsville 

Hydroelectric Project. 

f. Location: On the West Branch of the 

Delaware River, near the Township of 

Deposit, Delaware County, New York. 

The project does not occupy any federal 

lands. 

g. Filed Pursuant to: Federal Power 

Act, 16 USC 791 (a)–825(r). 

h. Applicant Contact: Anthony J. 

Fiore, Chief of Staff—Operations, New 

York City Department of Environmental 

Protection, 59–17 Junction Blvd., 

Flushing, NY 11373–5108, (718) 595– 

6529 or afiore@dep.nyc.gov. 

i. FERC Contact: John Mudre, (202) 

502–8902 or john.mudre@ferc.gov. 

j. Deadline for filing motions to 

intervene and protests: 60 days from the 

issuance date of this notice. 

All documents may be filed 

electronically via the Internet. See 

18 CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site http://www.ferc.gov/docs-filing/

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 


srobinson on DSK4SPTVN1PROD with NOTICES