Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 34901 

improve the options for individuals 

with disabilities to perform regular 

activities of their choice in the 

community. 

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 6, 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. 2013–13851 Filed 6–10–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Number: 84.133P–1.] 

Final Priority; National Institute on 

Disability and Rehabilitation 

Research—Advanced Rehabilitation 

Research Training Program 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priority. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces a priority for the 

Advanced Rehabilitation Research 

Training (ARRT) program under the 

Disability and Rehabilitation Research 

Projects and Centers Program 

administered by the National Institute 

on Disability and Rehabilitation 

Research (NIDRR). The Assistant 

Secretary may use this priority for 

competitions in fiscal year (FY) 2013 

and later years. We take this action to 

ensure that NIDRR’s resources are 

appropriately allocated across the three 

outcome domains—community living 

and participation, employment, and 

health and function. We intend this 

priority to (1) strengthen the capacity of 

the disability and rehabilitation field to 

train qualified individuals, including 

individuals with disabilities, to conduct 

high-quality, advanced 

multidisciplinary rehabilitation 

research; and (2) improve outcomes for 

individuals with disabilities across the 

domains of community living and 

participation, employment, and health 

and function. 

DATES: Effective Date: This priority is 

effective July 11, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Marlene Spencer, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5133, Potomac Center Plaza 

(PCP), Washington, DC 20202–2700. 

Telephone: (202) 245–7532 or by email: 

marlene.spencer@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

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). 

Advanced Rehabilitation Research 

Training 

The purpose of NIDRR’s ARRT 

program, which is funded through the 

Disability and Rehabilitation Research 

Projects and Centers Program, is to 

provide advanced research training and 

experience to individuals with 

doctorates, or similar advanced degrees, 

who have clinical or other relevant 

experience. ARRT projects train 

rehabilitation researchers, including 

researchers with disabilities, with 

particular attention to research areas 

that support the implementation and 

objectives of the Rehabilitation Act, and 

that improve the effectiveness of 

services authorized under the 

Rehabilitation Act. 

Additional information on the ARRT 

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

rschstat/research/pubs/resprogram.html#ARRT. 

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

764(a). 

Applicable Program Regulations: 34 

CFR part 350. 

We published a notice of proposed 

priority for this program in the Federal 

Register on March 28, 2013 (78 FR 

18933). That notice contained our 

reasons for proposing the particular 

priority and background information, 

including on NIDRR’s major domains as 

discussed in NIDRR’s Long-Range Plan 

for Fiscal Years 2013–2017 (78 FR 

20299). 

Public Comment: In response to our 

invitation in the notice of proposed 

priority, we received two comments, but 

neither was specific to the proposed 

ARRT priority. We do not address 

general comments that raised concerns 

not directly related to the proposed 

priority. There are no differences 

between the proposed priority and this 

final priority. 

Final Priority 

Advanced Rehabilitation Research 

Training Program 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

announces a new priority for the 

Advanced Rehabilitation Research 

Training (ARRT) program. For FY 2013, 

and potential subsequent years, ARRT 

projects must provide advanced 

research training to eligible individuals 

to enhance their capacity to conduct 

high-quality multidisciplinary 

rehabilitation and disability research to 

improve outcomes for individuals with 

disabilities in one of NIDRR’s major 

domains of individual well-being: (a) 

Community living and participation, (b) 

employment, or (c) health and function. 

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, 


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34902 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 

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)). 

This notice does not preclude us from 

proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use this priority, we invite applications 

through a notice in the Federal Register. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

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

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This final regulatory action is not a 

significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this regulatory 

action under Executive Order 13563, 

which supplements and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, 

Executive Order 13563 requires that an 

agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this final priority only 

upon a reasoned determination that its 

benefits 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 

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 Disability and 

Rehabilitation Research Projects and 

Centers Programs have been well 

established over the years, as projects 

similar to the one envisioned by the 

final priority have been completed 

successfully. Establishing new ARRT 

projects based on the final priority 

would strengthen the capacity of the 

rehabilitation and disability field to 

train qualified individuals, including 

individuals with disabilities, to conduct 

high-quality, advanced 

multidisciplinary research across all of 

NIDRR’s major domains of community 

living and participation, employment, 

and health and function, and thereby 

contribute to advancing knowledge and 

solving problems encountered by 

individuals with disabilities of all ages. 

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 6, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and the duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–13861 Filed 6–10–13; 8:45 am] 

BILLING CODE 4000–01–P 


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