Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22783 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Number: 84.133A–8] 

Final Priority; National Institute on 

Disability and Rehabilitation 

Research—Disability and 

Rehabilitation Research Projects and 

Centers Program—Disability 

Rehabilitation Research Project 

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 a 

Disability Rehabilitation Research 

Project (DRRP) on Knowledge 

Translation for Technology Transfer 

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 a 

competition in fiscal year (FY) 2013 and 

later years. We take this action to focus 

research attention on areas of national 

need. We intend this priority to improve 

outcomes for individuals with 

disabilities. 

DATES: Effective Date: This priority is 

effective May 17, 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 

This notice of final priority 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 methods to facilitate the 

advancement of knowledge and 

understanding of the unique needs of 

traditionally underserved populations; 

(3) determine the best strategies and 

programs to improve rehabilitation 

outcomes for underserved populations; 

(4) identify research gaps; (5) identify 

mechanisms for integrating research and 

practice; and (6) disseminate findings. 

This notice announces a priority that 

NIDRR intends to use for a DRRP 

competition in FY 2013 and possibly 

later years. However, nothing precludes 

NIDRR from publishing additional 

priorities, if needed. Furthermore, 

NIDRR is under no obligation to make 

an award for this priority. The decision 

to make an award will be based on the 

quality of applications received and 

available funding. 

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 self-sufficiency 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). 

The purpose of DRRPs, which are 

under NIDRR’s Disability and 

Rehabilitation Research Projects and 

Centers Program, is to improve the 

effectiveness of services authorized 

under the Rehabilitation Act of 1973, as 

amended, by developing methods, 

procedures, and rehabilitation 

technologies that advance a wide range 

of independent living and employment 

outcomes for individuals with 

disabilities, especially individuals with 

the most severe disabilities. DRRPs 

carry out one or more of the following 

types of activities, as specified and 

defined in 34 CFR 350.13 through 

350.19: Research, training, 

demonstration, development, 

dissemination, utilization, and technical 

assistance. An applicant for assistance 

under this program must demonstrate in 

its application how it will address, in 

whole or in part, the needs of 

individuals with disabilities from 

minority backgrounds (34 CFR 

350.40(a)). The approaches an applicant 

may take to meet this requirement are 

found in 34 CFR 350.40(b). In addition, 

NIDRR intends to require all DRRP 

applicants to meet the priority on 

General DRRP Requirements that it 

published in a notice of final priorities 

in the Federal Register on April 28, 

2006 (71 FR 25472). 

Additional information on the DRRP 

program can be found at: http:// 

www2.ed.gov/rschstat/research/pubs/ 

res-program.html#DRRP. 

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 January 15, 2013 (78 FR 

2923). That notice contained 

background information and our reasons 

for proposing the particular priority. 

There are no differences between the 

proposed priority and this final priority. 

Public Comment: In response to our 

invitation in the notice of proposed 

priority, 10 parties submitted comments 

on the proposed priority. Nine of these 

parties submitted comments that are 

wholly supportive of NIDRR’s proposed 

Center. One commenter submitted 

supportive comments, as well as two 

specific suggestions for the priority. 

Generally, we do not address 

technical and other minor changes. 

Analysis of Comments and Changes: 

An analysis of the comments and of any 

changes in the priority since publication 

of the notice of proposed priority 

follows. 

Comment: One commenter suggested 

that NIDRR explicitly require the Center 

to collaborate with other NIDRR-funded 

knowledge translation grantees. 

Discussion: NIDRR agrees with this 

suggestion. However, NIDRR plans to 

manage this collaboration through the 

General Disability and Rehabilitation 

Research Projects (DRRP) Requirements 

priority. These requirements will be 

provided in the notice inviting 

applications and the application 

package for this competition. The 

relevant requirement states that all 

DRRPs must ‘‘Coordinate on research 

projects of mutual interest with relevant 

NIDRR-funded projects, as identified 

through consultation with the NIDRR 

project officer.’’ After an award is made 

under this priority, the NIDRR Project 

Officer will work with the grantee to 

identify the appropriate NIDRR-funded 

projects with which the Center must 

collaborate, including other NIDRRfunded knowledge translation grantees. 

Changes: None. 

Comment: One commenter suggested 

that NIDRR require the Center to 

identify effective approaches that have 

been used by NIDRR technology 

grantees to bring their products to the 

marketplace. 

Discussion: NIDRR generally agrees 

that the identification of effective 

approaches to technology transfer may 


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22784 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 

help fulfill the stated outcomes of the 

priority. However, we have purposefully 

left such prescriptive detail out of the 

priority so that applicants can propose 

a wide range of activities to meet the 

outcome of improved technology 

transfer among NIDRR’s technology 

grantees. The merits of each application 

will be determined by the peer review 

process. 

Changes: None. 

FINAL PRIORITY: 

DRRP for Center on Knowledge 

Translation for Technology Transfer 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for a Disability and 

Rehabilitation Research Project to serve 

as the Center on Knowledge Translation 

for Technology Transfer (Center). The 

Center must conduct rigorous research, 

development, technical assistance, 

dissemination, and utilization activities 

to increase successful technology 

transfer of rehabilitation technology 

products and devices developed by 

NIDRR-funded technology grantees. 

In planning and conducting all 

activities, the Center must partner with 

relevant stakeholders such as NIDRR’s 

technology grantees, trade and 

professional associations, industry 

representatives, individuals with 

disabilities, and others. 

Under this priority, the Center must 

be designed to contribute to the 

following outcomes: 

(a) Increased rate of successful 

technology transfer of rehabilitation 

technology products developed by 

NIDRR-funded technology grantees to 

the marketplace, into engineering 

standards, or into other intended 

applications; 

(b) Increased understanding among 

rehabilitation engineers and others 

engaged in disability research and 

development of technology transfer 

processes and practices that lead to 

successful transfer of rehabilitation 

technology products to the marketplace, 

into engineering standards, or into other 

intended applications; 

(c) Increased capacity of NIDRR’s 

technology grantees to plan and to 

engage in technology transfer activities. 

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)). 

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 final 

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 

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 does 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 


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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22785 

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 the final priority is 

that establishing new DRRPs will 

improve the lives of individuals with 

disabilities. The new DRRPs will 

provide support and assistance for 

NIDRR grantees as they generate, 

disseminate, and promote the use of 

new information that will 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) 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 a 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: April 12, 2013. 

Michael Yudin, 

Delegated the authority to perform the 

functions and duties of Assistant Secretary 

for Special Education and Rehabilitative 

Services. 

[FR Doc. 2013–09060 Filed 4–16–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0091; FRL–9803–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, State Board Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Delaware State Implementation Plan 

(SIP) submitted by the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) on 

January 11, 2013. The SIP revision 

addresses requirements of the Clean Air 

Act (CAA) for all criteria pollutants of 

the national ambient air quality 

standards (NAAQS) in relation to State 

Boards. EPA is approving this SIP 

revision in accordance with the 

requirements of the CAA. 

DATES: This rule is effective on June 17, 

2013 without further notice, unless EPA 

receives adverse written comment by 

May 17, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0091 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0091, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0091. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 128 of the CAA requires SIPs 

to comply with the requirements 

regarding State Boards. Section 

110(a)(2)(E)(ii) of the CAA also 

references these requirements. Section 

128(a) of the CAA requires SIPs to 

contain provisions that: (1) Any board 

or body which approves permits or 

enforcement orders under the CAA have 

at least a majority of its members 


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