41394 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This final regulatory action is not a 

significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this regulatory 

action under Executive Order 13563, 

which supplements and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, 

Executive Order 13563 requires that an 

agency— 

(1) Propose or adopt regulations only 

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 final priority only 

on a reasoned determination that its 

benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that this regulatory 

action is consistent with the principles 

in Executive Order 13563. 

We also have determined that this 

regulatory action 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. 

Summary of Potential Costs and 

Benefits 

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. This final priority will 

generate new knowledge through 

research and development. 

Another benefit of this final priority is 

that the establishment of a new RRTC 

will improve the lives of individuals 

with disabilities. The new RRTC will 

generate, disseminate, and promote the 

use of new information that will 

contribute to improved employment 

outcomes for individuals with 

disabilities. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

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

print, audiotape, or computer 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: http://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: http://www.federalregister.

gov. Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: July 10, 2012. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2012–17186 Filed 7–12–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

[Docket ID ED–2012–OESE–0009] 

Notice Reopening the Request for 

Information (RFI) To Gather Technical 

Expertise Pertaining to the 

Disaggregation of Asian and Native 

Hawaiian and Other Pacific Islander 

Student Data 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice reopening comment 

period. 

SUMMARY: On May 4, 2012, we 

published in the Federal Register (77 

FR 26531) an RFI that established a July 

3, 2012, deadline for the submission of 

written comments. We are reopening the 

public comment period to give 

interested parties additional time to 

submit written comments. 

DATES: Written submissions must be 

received by August 13, 2012. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via U.S. mail, commercial delivery, or 

hand delivery. We will not accept 

comments by fax or by email. To ensure 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 41395 

that we do not receive duplicate copies, 

please submit your comments only one 

time. In addition, please include the 

Docket ID and the term ‘‘Data 

Disaggregation Response’’ 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 ‘‘How to Use This Site.’’ 

• U.S. Mail, Commercial Delivery, or 

Hand Delivery: If you mail or deliver 

your comments, address them to Donald 

Yu, Attention: ANHPI Student Data 

Disaggregation RFI, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 7C157, Washington, DC 20202– 

6132. 

• Privacy Note: The Department’s 

policy for comments received from 

members of the public (including 

comments submitted by mail, 

commercial delivery, or hand delivery) 

is to make these submissions 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 on the Internet. 

Given the subject matter, some 

comments may include proprietary 

information as it relates to confidential 

commercial information. The Freedom 

of Information Act defines ‘‘confidential 

commercial information’’ as information 

the disclosure of which could 

reasonably be expected to cause 

substantial competitive harm. You may 

wish to request that we not disclose 

what you regard as confidential 

commercial information. 

To assist us in making a 

determination on your request, we 

encourage you to identify any specific 

information in your comments that you 

consider confidential commercial 

information. Please list the information 

by page and paragraph numbers. 

While this RFI is seeking to gather 

information related to policies and 

practices, you should still make certain 

your comments do not include 

disclosures of personally identifiable 

information from students’ education 

records in a manner that violates the 

Family Educational Rights and Privacy 

Act of 1974 (FERPA). 

FOR FURTHER INFORMATION CONTACT: Don 

Yu, U.S. Department of Education, 400 

Maryland Avenue SW., Room 3W104, 

Washington, DC 20202–6132 by phone 

at 202–205–4499. 

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: 

Background 

On May 4, 2012, we published an RFI 

in the Federal Register (77 FR 26531) to 

collect information about promising 

practices and policies regarding existing 

education data systems and models that 

disaggregate data on subgroups within 

the Asian and Native Hawaiian or Other 

Pacific Island student population. The 

deadline for written submissions during 

the initial comment period was July 3, 

2012. We are reopening the comment 

period for written submissions in 

response to the RFI notice through 

August 13, 2012. We are reopening the 

comment period to maximize 

opportunities for State educational 

agencies, local educational agencies, 

schools, and institutions of higher 

education to respond with their 

disaggregation practices so as to yield 

beneficial data for the Department to 

analyze and report on. 

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 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 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: July 10, 2012. 

Martha Kanter, 

Under Secretary. 

Deborah S. Delisle, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2012–17185 Filed 7–12–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Basic Energy Sciences Advisory 

Committee 

AGENCY: Department of Energy, Office of 

Science. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Basic Energy Sciences 

Advisory Committee (BESAC). Federal 

Advisory Committee Act (Pub. L. 92– 

463, 86 Stat. 770) requires that public 

notice of these meetings be announced 

in the Federal Register. 

DATES: Thursday, July 26, 2012, 8:30 

a.m.–5 p.m., and Friday, July 27, 2012, 

9 a.m.–12 p.m. 

ADDRESSES: Bethesda North Hotel and 

Conference Center, 5701 Marinelli Road, 

Bethesda, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Katie Perine, Office of Basic Energy 

Sciences, U.S. Department of Energy, 

Germantown Building, 1000 

Independence Avenue SW., 

Washington, DC 20585; Telephone: 

(301) 903–6529. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting: The purpose 

of this meeting is to provide advice and 

guidance with respect to the basic 

energy sciences research program. 

Tentative Agenda: Agenda will 

include discussions of the following: 

D News from Office of Science/DOE 

D News from the Office of Basic Energy 

Sciences 

D Future of ARPA–E 

D Linac Coherent Light Source (LCLS) 

update 

D Materials Sciences and Engineering 

Division Committee of Visitors Report 

D Mesoscale Discussion 

Public Participation: The meeting is 

open to the public. If you would like to 

file a written statement with the 

Committee, you may do so either before 

or after the meeting. If you would like 

to make oral statements regarding any of 

the items on the agenda, you should 

contact Katie Perine at (301) 903–6594 

(fax) or by email at: 

katie.perine@science.doe.gov. 

Reasonable provision will be made to 

include the scheduled oral statements 

on the agenda. The Chairperson of the 

Committee will conduct the meeting to 

facilitate the orderly conduct of 

business. Public comment will follow 

the 10-minute rule. 

This notice is being published less 

than 15 days prior to the meeting date 

due to programmatic issues that had to 

be resolved prior to the meeting date. 

Minutes: The minutes of this meeting 

will be available for public review and 


srobinson on DSK4SPTVN1PROD with NOTICES