81_FR_36943 81 FR 36833 - Secretary's Proposed Supplemental Priority for Discretionary Grant Programs

81 FR 36833 - Secretary's Proposed Supplemental Priority for Discretionary Grant Programs

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range36833-36836
FR Document2016-13456

The Secretary proposes an additional priority for use in any appropriate grant program for fiscal year (FY) 2016 and future years. The Secretary proposes to add this priority to the existing supplemental priorities and definitions for discretionary grant programs that were published in 2014. This priority reflects our current policy objectives and emerging needs in education.

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Proposed Rules]
[Pages 36833-36836]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13456]


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DEPARTMENT OF EDUCATION

34 CFR Chapter I

[Docket ID ED-2016-OS-0002]
RIN 1875-AA11


Secretary's Proposed Supplemental Priority for Discretionary 
Grant Programs

AGENCY: Department of Education.

ACTION: Proposed priority.

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SUMMARY: The Secretary proposes an additional priority for use in any 
appropriate grant program for fiscal year (FY) 2016 and future years. 
The Secretary proposes to add this priority to the existing 
supplemental priorities and definitions for discretionary grant 
programs that were published in 2014. This priority reflects our 
current policy objectives and emerging needs in education.

DATES: We must receive your comments on or before July 8, 2016.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments 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 ``How to use regulations.gov.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about the proposed priority, address them 
to Ramin Taheri, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 5E343, Washington, DC 20202-5930.

    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

[[Page 36834]]

include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Ramin Taheri, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5E343, Washington, DC 20202. 
Telephone: (202) 453-5961 or by email: [email protected].
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority, we urge you to identify 
clearly the specific issues 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 our programs.
    During and after the comment period, you may inspect all public 
comments about this notice by accessing Regulations.gov. You may also 
inspect the comments in person in Room 4W335, 400 Maryland Avenue SW., 
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.

    Program Authority:  20 U.S.C. 1221e-3.

    Proposed Priority: This notice contains one proposed priority.
    Background: Children living in concentrated poverty face 
significant barriers to learning that contribute to poor outcomes for 
such students in our public schools.\1\ In 2012, nearly one-quarter of 
our Nation's public school students attended schools where more than 75 
percent of students were eligible for free or reduced price lunch; in 
cities, 40 percent of all public school students attend high-poverty 
schools.\2\ Furthermore, most high-poverty schools are located in high-
poverty school districts. Students attending high-poverty schools 
continue to have unequal access to advanced coursework, the best 
teachers, and necessary funding and supports.\3\ Moreover, research 
shows that States with less socioeconomically diverse schools tend to 
have larger achievement gaps between low- and higher-income 
students.\4\ Some communities have begun to address these disparities 
by employing strategies to bring together students from varying 
socioeconomic backgrounds; for example, more than 90 school districts 
and charter-school operators currently use socioeconomic status as a 
consideration in student assignment.\5\
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    \1\ See, e.g., Coleman, James S., Ernest Q. Campbell, Carol J. 
Hobson, James McPartland, Alexander M. Mood, Frederic D. Weinfeld, 
and Robert York. ``Equality of educational opportunity.'' 
Washington, DC (1966): 1066-5684; Rumberger, Russell, and Gregory 
Palardy. ``Does segregation still matter? The impact of student 
composition on academic achievement in high school.'' The Teachers 
College Record 107, no. 9 (2005): 1999-2045; Mulligan, G.M., S. 
Hastedt, and J.C. McCarroll (2012). First-Time Kindergartners in 
2010-11: First Findings From the Kindergarten Rounds of the Early 
Childhood Longitudinal Study, Kindergarten Class of 2010-11 (ECLS-K: 
2011) (NCES 2012-049). U.S. Department of Education. Washington, DC: 
National Center for Education Statistics.
    \2\ National Center for Education Statistics. (2014). Digest of 
Education Statistics, Table 216.6. Available at: http://nces.ed.gov/programs/digest/d14/tables/dt14_216.60.asp.
    \3\ See, e.g., Gray, Lucinda, et al. Educational Technology in 
U.S. Public Schools: Fall 2008 (Apr. 2010) (NCES 2010-034). U.S. 
Department of Education, National Center for Education Statistics, 
available at: http://nces.ed.gov/pubs2010/2010034.pdf; Wells, John, 
and Laurie Lewis. Internet Access in U.S. Public Schools and 
Classrooms: 1994-2005 (November 2006). U.S. Department of Education, 
National Center for Education Statistics, available at: http://nces.ed.gov/pubs2007/2007020.pdf.
    \4\ Mantil, Ann, Anne G. Perkins, and Stephanie Aberger. ``The 
Challenge of High-Poverty Schools: How Feasible Is Socioeconomic 
School Integration?'' The Future of School Integration (2012): 155-
222.
    \5\ Potter, Halley, and Kimberly Quick, with Elizabeth Davies. A 
New Wave of School Integration: Districts and Charters Pursuing 
Socioeconomic Diversity. The Century Foundation, 2016.
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    In addition to the negative effects of concentrated poverty on 
education, many schools and communities continue to suffer the effects 
of racial segregation, and some of our Nation's largest school 
districts remain starkly segregated along both racial and economic 
lines. Accordingly, the Department believes that it is imperative for 
schools, school districts, States, and postsecondary institutions to 
take lawful steps to increase student-body diversity based on race and 
ethnicity. Using the Secretary's existing priority on Promoting 
Diversity, published in the Federal Register on December 10, 2014 (79 
FR 73425), we intend to continue our efforts to reduce racial isolation 
in public schools and to increase racial and ethnic diversity in 
education. In addition, however, given the growing body of research 
showing that socioeconomically diverse schools and communities are 
associated with improved outcomes for disadvantaged children and 
families,\6\ the Department plans to use this proposed priority to 
continue to focus on increasing diversity, including socioeconomic 
diversity, in educational settings.\7\
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    \6\ Schwartz, Heather. ``Housing Policy is School Policy: 
Economically Integrative Housing Promotes Academic Success in 
Montgomery County, Maryland.'' In The Future of School Integration: 
Socioeconomic Diversity as an Education Reform Strategy, edited by 
Richard D. Kahlenberg, 27-65. The Century Foundation, 2012; see also 
Chetty, Raj, Nathaniel Hendren, and Lawrence F. Katz. The Effects of 
Exposure to Better Neighborhoods on Children: New Evidence from the 
Moving to Opportunity Experiment. No. w21156. National Bureau of 
Economic Research, 2015.
    \7\ Increasing socioeconomic diversity, both independently and 
in pursuit of racial diversity, is consistent with guidance, issued 
in 2011 and reaffirmed in 2013 and 2014 by the Department, in 
conjunction with the U.S. Department of Justice, regarding the use 
of race and ethnicity to promote diversity and reduce racial 
isolation. See Guidance on the Voluntary Use of Race to Achieve 
Diversity and Avoid Racial Isolation in Elementary and Secondary 
Schools, available at: http://www.ed.gov/ocr/letters/colleague-201111.pdf; Guidance on Fisher v. University of Texas at Austin, 
available at: http://www.ed.gov/ocr/letters/colleague-201309.pdf; 
and Guidance on Schuette v. Coalition to Defend Affirmative Action, 
et al., available at: http://www.ed.gov/ocr/letters/colleague-201405-schuette-guidance.pdf.
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    Proposed Priority--Increasing Socioeconomic Diversity in Schools.
    Projects that are designed to increase socioeconomic diversity in 
educational settings by addressing one or more of the following:
    (a) Using established survey or data-collection methods to identify 
socioeconomic stratification and related barriers to socioeconomic 
diversity at the classroom, school, district, community, or regional 
level.
    (b) Developing, evaluating, or providing technical assistance on 
evidence-based policies or strategies designed to increase 
socioeconomic diversity in schools.
    (c) Designing or implementing, with community input, education 
funding strategies, such as the use of weighted per-pupil allocations 
of local, State, and eligible Federal funds, to provide incentives for 
schools and districts to increase socioeconomic diversity.
    (d) Developing or implementing policies or strategies to increase

[[Page 36835]]

socioeconomic diversity in schools that--
    (i) Are evidence-based;
    (ii) May be carried out on an intra-district, inter-district, 
community, or regional basis;
    (iii) Demonstrate ongoing, robust family and community involvement, 
including a process for intensive public engagement and consultation;
    (iv) Reflect coordination with other relevant government entities, 
including housing or transportation authorities, to the extent 
practicable;
    (v) May be based on an existing, public diversity plan or diversity 
needs assessment; and
    (vi) May include, for example--
    (A) Establishing school assignment or admissions policies that are 
designed to give preference to low-income students, students from low-
performing schools, or students residing in neighborhoods experiencing 
concentrated poverty to attend higher-performing schools;
    (B) Establishing or expanding schools that are designed to attract 
substantial numbers of students of different socioeconomic backgrounds, 
such as magnet or theme schools, charter schools, or other schools of 
choice.
    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 proposed 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 proposed priority only on a reasoned 
determination that its benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected the approach 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 associated 
with this regulatory action are those resulting from regulatory 
requirements and those we have determined as necessary for 
administering the Department's programs and activities.
    Discussion of Costs and Benefits: The proposed priority would not 
impose significant costs on entities that would receive assistance 
through the Department's discretionary grant programs. Additionally, 
the benefits of implementing the proposal contained in this notice 
outweigh any associated costs because it would result in the 
Department's discretionary grant programs selecting high-quality 
applications to implement activities that reflect the Administration's 
policy focus.
    Application submission and participation in a discretionary grant 
program are voluntary. The Secretary believes that the costs imposed on

[[Page 36836]]

applicants by the proposed priority would be limited to paperwork 
burden related to preparing an application for a discretionary grant 
program that is using the priority in its competition. Because the 
costs of carrying out activities would be paid for with program funds, 
the costs of implementation would not be a burden for any eligible 
applicants, including small entities.
    Regulatory Flexibility Act Certification: For these reasons as 
well, the Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities.
    Intergovernmental Review: Some of the programs affected by this 
proposed priority are subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for these programs.
    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.thefederalregister.org/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.

John B. King, Jr.,
Secretary of Education.
[FR Doc. 2016-13456 Filed 6-7-16; 8:45 am]
 BILLING CODE 4000-01-P



                                                                      Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules                                                  36833

                                               action is one of a category of actions that             and can be viewed by following that                      Dated: May 12, 2016.
                                               do not individually or cumulatively                     Web site’s instructions. Additionally, if              P.C. Burkett,
                                               have a significant effect on the human                  you go to the online docket and sign up                Commander, U.S. Coast Guard, Acting
                                               environment. This proposed rule                         for email alerts, you will be notified                 Captain of the Port Pittsburgh.
                                               involves a safety zone lasting less than                when comments are posted or a final                    [FR Doc. 2016–13586 Filed 6–7–16; 8:45 am]
                                               two hours that would prohibit entry into                rule is published.                                     BILLING CODE 9110–04–P
                                               the safety zone. Normally such actions
                                               are categorically excluded from further                 List of Subjects in 33 CFR Part 165
                                               review under paragraph 34(g) of Figure                    Marine safety, Navigation (water),
                                                                                                                                                              DEPARTMENT OF EDUCATION
                                               2–1 of Commandant Instruction                           Reporting and recordkeeping
                                               M16475.lD. A preliminary                                requirements, Security measures,                       34 CFR Chapter I
                                               environmental analysis checklist and                    Waterways.
                                               Categorical Exclusion Determination are                   For the reasons discussed in the                     [Docket ID ED–2016–OS–0002]
                                               available in the docket where indicated                 preamble, the Coast Guard proposes to
                                               under ADDRESSES. We seek any                                                                                   RIN 1875–AA11
                                                                                                       amend 33 CFR part 165 as follows:
                                               comments or information that may lead                                                                          Secretary’s Proposed Supplemental
                                               to the discovery of a significant                       PART 165—REGULATED NAVIGATION                          Priority for Discretionary Grant
                                               environmental impact from this                          AREAS AND LIMITED ACCESS AREAS                         Programs
                                               proposed rule.
                                                                                                       ■ 1. The authority citation for part 165               AGENCY:    Department of Education.
                                               G. Protest Activities
                                                                                                       continues to read as follows:                          ACTION:   Proposed priority.
                                                 The Coast Guard respects the First
                                                                                                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                               Amendment rights of protesters.                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              SUMMARY:   The Secretary proposes an
                                               Protesters are asked to contact the                     Department of Homeland Security Delegation             additional priority for use in any
                                               person listed in the FOR FURTHER                        No. 0170.1.                                            appropriate grant program for fiscal year
                                               INFORMATION CONTACT section to                                                                                 (FY) 2016 and future years. The
                                               coordinate protest activities so that your              ■ 2. Add § 165.T08–0335 to read as
                                                                                                                                                              Secretary proposes to add this priority
                                               message can be received without                         follows:
                                                                                                                                                              to the existing supplemental priorities
                                               jeopardizing the safety or security of                  § 165.T08–0335 Safety Zone; Ohio River                 and definitions for discretionary grant
                                               people, places, or vessels.                             Mile 42.5 to Mile 43.0, Chester, WV.                   programs that were published in 2014.
                                               V. Public Participation and Request for                   (a) Location. The following area is a                This priority reflects our current policy
                                               Comments                                                safety zone: All waters extending 300                  objectives and emerging needs in
                                                                                                       feet from the left descending bank into                education.
                                                  We view public participation as
                                               essential to effective rulemaking, and                  the Ohio River from mile 42.5 to mile                  DATES:  We must receive your comments
                                               will consider all comments and material                 43.0.                                                  on or before July 8, 2016.
                                               received during the comment period.                       (b) Definitions. As used in this                     ADDRESSES: Submit your comments
                                               Your comment can help shape the                         section, designated representative                     through the Federal eRulemaking Portal
                                               outcome of this rulemaking. If you                      means a Coast Guard Patrol                             or via postal mail, commercial delivery,
                                               submit a comment, please include the                    Commander, including a Coast Guard                     or hand delivery. We will not accept
                                               docket number for this rulemaking,                      coxswain, petty officer, or other officer              comments by fax or by email, or those
                                               indicate the specific section of this                   operating a Coast Guard vessel and a                   submitted after the comment period. To
                                               document to which each comment                          Federal, State, and local officer                      ensure that we do not receive duplicate
                                               applies, and provide a reason for each                  designated by or assisting the Captain of              copies, please submit your comments
                                               suggestion or recommendation.                           the Port Pittsburgh (COTP) in the                      only once. In addition, please include
                                                  We encourage you to submit                           enforcement of the safety zone.                        the Docket ID at the top of your
                                               comments through the Federal                              (c) Regulations. (1) Under the general               comments.
                                               eRulemaking Portal at http://                           safety zone regulations in § 165.23 of                    • Federal eRulemaking Portal: Go to
                                               www.regulations.gov. If your material                   this part, you may not enter the safety                www.regulations.gov to submit your
                                               cannot be submitted using http://                       zone described in paragraph (a) of this                comments electronically. Information
                                               www.regulations.gov, contact the person                 section unless authorized by the COTP                  on using Regulations.gov, including
                                               in the FOR FURTHER INFORMATION                          or the COTP’s designated representative.               instructions for accessing agency
                                               CONTACT section of this document for                      (2) To seek permission to enter,                     documents, submitting comments, and
                                               alternate instructions.                                 contact the COTP or the COTP’s                         viewing the docket, is available on the
                                                  We accept anonymous comments. All                    representative at 412–221–0807. Those                  site under ‘‘How to use
                                               comments received will be posted                        in the safety zone must comply with all                regulations.gov.’’
                                               without change to http://                               lawful orders or directions given to                      • Postal Mail, Commercial Delivery,
                                               www.regulations.gov and will include                    them by the COTP or the COTP’s                         or Hand Delivery: If you mail or deliver
                                               any personal information you have                       designated representative.                             your comments about the proposed
                                               provided. For more about privacy and                      (d) Enforcement period. This section                 priority, address them to Ramin Taheri,
                                               the docket, you may review a Privacy                    will be enforced from 9:30 p.m. to 11:00               U.S. Department of Education, 400
                                                                                                       p.m. on July 4, 2016.
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               Act notice regarding the Federal Docket                                                                        Maryland Avenue SW., Room 5E343,
                                               Management System in the March 24,                        (e) Informational Broadcasts. The                    Washington, DC 20202–5930.
                                               2005, issue of the Federal Register (70                 COTP or a designated representative
                                                                                                                                                                Privacy Note: The Department’s policy is
                                               FR 15086).                                              will inform the public through                         to make all comments received from
                                                  Documents mentioned in this NPRM                     broadcast notices to mariners of the                   members of the public available for public
                                               as being available in the docket, and all               enforcement period for the safety zone                 viewing in their entirety on the Federal
                                               public comments, will be in our online                  as well as any changes in the dates and                eRulemaking Portal at www.regulations.gov.
                                               docket at http://www.regulations.gov                    times of enforcement.                                  Therefore, commenters should be careful to



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                                               36834                   Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules

                                               include in their comments only information              quarter of our Nation’s public school                    diversity based on race and ethnicity.
                                               that they wish to make publicly available.              students attended schools where more                     Using the Secretary’s existing priority
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       than 75 percent of students were eligible                on Promoting Diversity, published in
                                               Ramin Taheri, U.S. Department of                        for free or reduced price lunch; in cities,              the Federal Register on December 10,
                                               Education, 400 Maryland Avenue SW.,                     40 percent of all public school students                 2014 (79 FR 73425), we intend to
                                               Room 5E343, Washington, DC 20202.                       attend high-poverty schools.2                            continue our efforts to reduce racial
                                               Telephone: (202) 453–5961 or by email:                  Furthermore, most high-poverty schools                   isolation in public schools and to
                                               ramin.taheri@ed.gov.                                    are located in high-poverty school                       increase racial and ethnic diversity in
                                                  If you use a telecommunications                      districts. Students attending high-                      education. In addition, however, given
                                               device for the deaf or a text telephone,                poverty schools continue to have                         the growing body of research showing
                                               call the Federal Relay Service, toll free,              unequal access to advanced coursework,                   that socioeconomically diverse schools
                                               at 1–800–877–8339.                                      the best teachers, and necessary funding                 and communities are associated with
                                                                                                       and supports.3 Moreover, research                        improved outcomes for disadvantaged
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       shows that States with less                              children and families,6 the Department
                                                  Invitation to Comment: We invite you                 socioeconomically diverse schools tend                   plans to use this proposed priority to
                                               to submit comments regarding this                       to have larger achievement gaps                          continue to focus on increasing
                                               notice. To ensure that your comments                    between low- and higher-income                           diversity, including socioeconomic
                                               have maximum effect in developing the                   students.4 Some communities have                         diversity, in educational settings.7
                                               notice of final priority, we urge you to                begun to address these disparities by                       Proposed Priority—Increasing
                                               identify clearly the specific issues that               employing strategies to bring together                   Socioeconomic Diversity in Schools.
                                               each comment addresses.                                 students from varying socioeconomic                         Projects that are designed to increase
                                                  We invite you to assist us in                                                                                 socioeconomic diversity in educational
                                                                                                       backgrounds; for example, more than 90
                                               complying with the specific                                                                                      settings by addressing one or more of
                                                                                                       school districts and charter-school
                                               requirements of Executive Orders 12866                                                                           the following:
                                                                                                       operators currently use socioeconomic
                                               and 13563 and their overall requirement                                                                             (a) Using established survey or data-
                                                                                                       status as a consideration in student
                                               of reducing regulatory burden that                                                                               collection methods to identify
                                                                                                       assignment.5
                                               might result from this proposed priority.                  In addition to the negative effects of                socioeconomic stratification and related
                                               Please let us know of any further ways                  concentrated poverty on education,                       barriers to socioeconomic diversity at
                                               we could reduce potential costs or                      many schools and communities                             the classroom, school, district,
                                               increase potential benefits while                       continue to suffer the effects of racial                 community, or regional level.
                                               preserving the effective and efficient                  segregation, and some of our Nation’s                       (b) Developing, evaluating, or
                                               administration of our programs.                         largest school districts remain starkly                  providing technical assistance on
                                                  During and after the comment period,                 segregated along both racial and                         evidence-based policies or strategies
                                               you may inspect all public comments                     economic lines. Accordingly, the                         designed to increase socioeconomic
                                               about this notice by accessing                          Department believes that it is imperative                diversity in schools.
                                               Regulations.gov. You may also inspect                   for schools, school districts, States, and                  (c) Designing or implementing, with
                                               the comments in person in Room                          postsecondary institutions to take                       community input, education funding
                                               4W335, 400 Maryland Avenue SW.,                         lawful steps to increase student-body                    strategies, such as the use of weighted
                                               Washington, DC, between the hours of                                                                             per-pupil allocations of local, State, and
                                               8:30 a.m. and 4:00 p.m., Washington,                    Russell, and Gregory Palardy. ‘‘Does segregation         eligible Federal funds, to provide
                                               DC time, Monday through Friday of                       still matter? The impact of student composition on       incentives for schools and districts to
                                               each week except Federal holidays.                      academic achievement in high school.’’ The
                                                                                                                                                                increase socioeconomic diversity.
                                                  Assistance to Individuals with                       Teachers College Record 107, no. 9 (2005): 1999–
                                                                                                       2045; Mulligan, G.M., S. Hastedt, and J.C. McCarroll        (d) Developing or implementing
                                               Disabilities in Reviewing the                           (2012). First-Time Kindergartners in 2010–11: First      policies or strategies to increase
                                               Rulemaking Record: On request we will                   Findings From the Kindergarten Rounds of the Early
                                               provide an appropriate accommodation                    Childhood Longitudinal Study, Kindergarten Class           6 Schwartz, Heather. ‘‘Housing Policy is School

                                               or auxiliary aid to an individual with a                of 2010–11 (ECLS–K: 2011) (NCES 2012–049). U.S.          Policy: Economically Integrative Housing Promotes
                                                                                                       Department of Education. Washington, DC: National
                                               disability who needs assistance to                      Center for Education Statistics.
                                                                                                                                                                Academic Success in Montgomery County,
                                               review the comments or other                                                                                     Maryland.’’ In The Future of School Integration:
                                                                                                          2 National Center for Education Statistics. (2014).
                                                                                                                                                                Socioeconomic Diversity as an Education Reform
                                               documents in the public rulemaking                      Digest of Education Statistics, Table 216.6.             Strategy, edited by Richard D. Kahlenberg, 27–65.
                                               record for this notice. If you want to                  Available at: http://nces.ed.gov/programs/digest/        The Century Foundation, 2012; see also Chetty, Raj,
                                               schedule an appointment for this type of                d14/tables/dt14_216.60.asp.                              Nathaniel Hendren, and Lawrence F. Katz. The
                                                                                                          3 See, e.g., Gray, Lucinda, et al. Educational
                                               accommodation or auxiliary aid, please                                                                           Effects of Exposure to Better Neighborhoods on
                                                                                                       Technology in U.S. Public Schools: Fall 2008 (Apr.       Children: New Evidence from the Moving to
                                               contact the person listed under FOR                     2010) (NCES 2010–034). U.S. Department of                Opportunity Experiment. No. w21156. National
                                               FURTHER INFORMATION CONTACT.                            Education, National Center for Education Statistics,     Bureau of Economic Research, 2015.
                                                                                                       available at: http://nces.ed.gov/pubs2010/                 7 Increasing socioeconomic diversity, both
                                                  Program Authority: 20 U.S.C. 1221e–3.                2010034.pdf; Wells, John, and Laurie Lewis.              independently and in pursuit of racial diversity, is
                                                 Proposed Priority: This notice                        Internet Access in U.S. Public Schools and               consistent with guidance, issued in 2011 and
                                                                                                       Classrooms: 1994–2005 (November 2006). U.S.              reaffirmed in 2013 and 2014 by the Department, in
                                               contains one proposed priority.                         Department of Education, National Center for             conjunction with the U.S. Department of Justice,
                                                 Background: Children living in                        Education Statistics, available at: http://              regarding the use of race and ethnicity to promote
                                               concentrated poverty face significant                   nces.ed.gov/pubs2007/2007020.pdf.                        diversity and reduce racial isolation. See Guidance
                                                                                                          4 Mantil, Ann, Anne G. Perkins, and Stephanie
                                               barriers to learning that contribute to                                                                          on the Voluntary Use of Race to Achieve Diversity
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                                                                                                       Aberger. ‘‘The Challenge of High-Poverty Schools:        and Avoid Racial Isolation in Elementary and
                                               poor outcomes for such students in our                  How Feasible Is Socioeconomic School                     Secondary Schools, available at: http://www.ed.gov/
                                               public schools.1 In 2012, nearly one-                   Integration?’’ The Future of School Integration          ocr/letters/colleague-201111.pdf; Guidance on
                                                                                                       (2012): 155–222.                                         Fisher v. University of Texas at Austin, available at:
                                                 1 See, e.g., Coleman, James S., Ernest Q.                5 Potter, Halley, and Kimberly Quick, with            http://www.ed.gov/ocr/letters/colleague-
                                               Campbell, Carol J. Hobson, James McPartland,            Elizabeth Davies. A New Wave of School                   201309.pdf; and Guidance on Schuette v. Coalition
                                               Alexander M. Mood, Frederic D. Weinfeld, and            Integration: Districts and Charters Pursuing             to Defend Affirmative Action, et al., available at:
                                               Robert York. ‘‘Equality of educational opportunity.’’   Socioeconomic Diversity. The Century Foundation,         http://www.ed.gov/ocr/letters/colleague-201405-
                                               Washington, DC (1966): 1066–5684; Rumberger,            2016.                                                    schuette-guidance.pdf.



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                                                                      Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules                                           36835

                                               socioeconomic diversity in schools                      to meeting applicable rulemaking                       and other advantages; distributive
                                               that—                                                   requirements.                                          impacts; and equity);
                                                  (i) Are evidence-based;                                Note: This notice does not solicit                      (4) To the extent feasible, specify
                                                  (ii) May be carried out on an intra-                 applications. In any year in which we choose           performance objectives, rather than the
                                               district, inter-district, community, or                 to use this priority, we invite applications           behavior or manner of compliance a
                                               regional basis;                                         through a notice in the Federal Register.              regulated entity must adopt; and
                                                  (iii) Demonstrate ongoing, robust                                                                              (5) Identify and assess available
                                               family and community involvement,                       Executive Orders 12866 and 13563                       alternatives to direct regulation,
                                               including a process for intensive public                                                                       including economic incentives—such as
                                               engagement and consultation;                            Regulatory Impact Analysis                             user fees or marketable permits—to
                                                  (iv) Reflect coordination with other                    Under Executive Order 12866, the                    encourage the desired behavior, or
                                               relevant government entities, including                 Secretary must determine whether this                  provide information that enables the
                                               housing or transportation authorities, to               regulatory action is ‘‘significant’’ and,              public to make choices.
                                               the extent practicable;                                 therefore, subject to the requirements of                 Executive Order 13563 also requires
                                                  (v) May be based on an existing,                     the Executive order and subject to                     an agency ‘‘to use the best available
                                               public diversity plan or diversity needs                review by the Office of Management and                 techniques to quantify anticipated
                                               assessment; and                                         Budget (OMB). Section 3(f) of Executive                present and future benefits and costs as
                                                  (vi) May include, for example—                       Order 12866 defines a ‘‘significant                    accurately as possible.’’ The Office of
                                                  (A) Establishing school assignment or                regulatory action’’ as an action likely to             Information and Regulatory Affairs of
                                               admissions policies that are designed to                result in a rule that may—                             OMB has emphasized that these
                                               give preference to low-income students,                    (1) Have an annual effect on the                    techniques may include ‘‘identifying
                                               students from low-performing schools,                   economy of $100 million or more, or                    changing future compliance costs that
                                               or students residing in neighborhoods                   adversely affect a sector of the economy,              might result from technological
                                               experiencing concentrated poverty to                    productivity, competition, jobs, the                   innovation or anticipated behavioral
                                               attend higher-performing schools;                       environment, public health or safety, or               changes.’’
                                                  (B) Establishing or expanding schools                State, local, or tribal governments or                    We are issuing this proposed priority
                                               that are designed to attract substantial                communities in a material way (also                    only on a reasoned determination that
                                               numbers of students of different                        referred to as an ‘‘economically                       its benefits would justify its costs. In
                                               socioeconomic backgrounds, such as                      significant’’ rule);                                   choosing among alternative regulatory
                                               magnet or theme schools, charter                           (2) Create serious inconsistency or                 approaches, we selected the approach
                                               schools, or other schools of choice.                    otherwise interfere with an action taken               that would maximize net benefits. Based
                                                  Types of Priorities: When inviting                   or planned by another agency;                          on the analysis that follows, the
                                               applications for a competition using one                   (3) Materially alter the budgetary                  Department believes that this regulatory
                                               or more priorities, we designate the type               impacts of entitlement grants, user fees,              action is consistent with the principles
                                               of each priority as absolute, competitive               or loan programs or the rights and                     in Executive Order 13563.
                                               preference, or invitational through a                   obligations of recipients thereof; or                     We also have determined that this
                                               notice in the Federal Register. The                        (4) Raise novel legal or policy issues              regulatory action would not unduly
                                               effect of each type of priority follows:                arising out of legal mandates, the                     interfere with State, local, and tribal
                                                  Absolute priority: Under an absolute                 President’s priorities, or the principles              governments in the exercise of their
                                               priority, we consider only applications                 stated in the Executive order.                         governmental functions.
                                               that meet the priority (34 CFR                             This proposed regulatory action is not                 In accordance with both Executive
                                               75.105(c)(3)).                                          a significant regulatory action subject to             orders, the Department has assessed the
                                                  Competitive preference priority:                     review by OMB under section 3(f) of                    potential costs and benefits, both
                                               Under a competitive preference priority,                Executive Order 12866.                                 quantitative and qualitative, of this
                                               we give competitive preference to an                       We have also reviewed this proposed                 regulatory action. The potential costs
                                               application by (1) awarding additional                  regulatory action under Executive Order                associated with this regulatory action
                                               points, depending on the extent to                      13563, which supplements and                           are those resulting from regulatory
                                               which the application meets the priority                explicitly reaffirms the principles,                   requirements and those we have
                                               (34 CFR 75.105(c)(2)(i)); or (2) selecting              structures, and definitions governing                  determined as necessary for
                                               an application that meets the priority                  regulatory review established in                       administering the Department’s
                                               over an application of comparable merit                 Executive Order 12866. To the extent                   programs and activities.
                                               that does not meet the priority (34 CFR                 permitted by law, Executive Order                         Discussion of Costs and Benefits: The
                                               75.105(c)(2)(ii)).                                      13563 requires that an agency—                         proposed priority would not impose
                                                  Invitational priority: Under an                         (1) Propose or adopt regulations only               significant costs on entities that would
                                               invitational priority, we are particularly              upon a reasoned determination that                     receive assistance through the
                                               interested in applications that meet the                their benefits justify their costs                     Department’s discretionary grant
                                               priority. However, we do not give an                    (recognizing that some benefits and                    programs. Additionally, the benefits of
                                               application that meets the priority a                   costs are difficult to quantify);                      implementing the proposal contained in
                                               preference over other applications (34                     (2) Tailor its regulations to impose the            this notice outweigh any associated
                                               CFR 75.105(c)(1)).                                      least burden on society, consistent with               costs because it would result in the
                                                  Final Priority: We will announce the                 obtaining regulatory objectives and                    Department’s discretionary grant
                                               final priority in a notice in the Federal
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                                                                                                       taking into account—among other things                 programs selecting high-quality
                                               Register. We will determine the final                   and to the extent practicable—the costs                applications to implement activities that
                                               priority after considering responses to                 of cumulative regulations;                             reflect the Administration’s policy
                                               this notice and other information                          (3) In choosing among alternative                   focus.
                                               available to the Department. This notice                regulatory approaches, select those                       Application submission and
                                               does not preclude us from proposing                     approaches that maximize net benefits                  participation in a discretionary grant
                                               additional priorities, requirements,                    (including potential economic,                         program are voluntary. The Secretary
                                               definitions, or selection criteria, subject             environmental, public health and safety,               believes that the costs imposed on


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                                               36836                  Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules

                                               applicants by the proposed priority                     DEPARTMENT OF AGRICULTURE                              (Councils) will hold public meetings to
                                               would be limited to paperwork burden                                                                           receive comments on this proposed rule
                                               related to preparing an application for a               Forest Service                                         on several dates between September 28
                                               discretionary grant program that is using                                                                      and November 2, 2016, and make
                                               the priority in its competition. Because                36 CFR Part 242                                        recommendations to the Federal
                                               the costs of carrying out activities would                                                                     Subsistence Board. The Board will
                                               be paid for with program funds, the                     DEPARTMENT OF THE INTERIOR                             discuss and evaluate proposed
                                               costs of implementation would not be a                                                                         regulatory changes during a public
                                               burden for any eligible applicants,                     Fish and Wildlife Service                              meeting in Anchorage, AK, in January
                                               including small entities.                                                                                      2017. See SUPPLEMENTARY INFORMATION
                                                                                                       50 CFR Part 100                                        for specific information on dates and
                                                  Regulatory Flexibility Act
                                               Certification: For these reasons as well,               [Docket No. FWS–R7–SM–2015–0159;                       locations of the public meetings.
                                               the Secretary certifies that these                      FXRS12610700000167–FF07J00000; FBMS#                   ADDRESSES: Public meetings: The
                                               proposed regulations would not have a                   4500088147]                                            Federal Subsistence Board and the
                                               significant economic impact on a                                                                               Federal Subsistence Regional Advisory
                                                                                                       RIN 1018–BB22
                                               substantial number of small entities.                                                                          Councils’ public meetings will be held
                                                                                                       Subsistence Management Regulations                     at various locations in Alaska. See
                                                  Intergovernmental Review: Some of                                                                           SUPPLEMENTARY INFORMATION for specific
                                               the programs affected by this proposed                  for Public Lands in Alaska—
                                                                                                       Applicability and Scope; Tongass                       information on dates and locations of
                                               priority are subject to Executive Order                                                                        the public meetings.
                                               12372 and the regulations in 34 CFR                     National Forest Submerged Lands
                                                                                                                                                                 Public comments: You may submit
                                               part 79. One of the objectives of the                   AGENCY:  Forest Service, Agriculture;                  comments by one of the following
                                               Executive order is to foster an                         Fish and Wildlife Service, Interior.                   methods:
                                               intergovernmental partnership and a                     ACTION: Proposed rule.                                    • Electronically: Go to the Federal
                                               strengthened federalism. The Executive                                                                         eRulemaking Portal: http://
                                               order relies on processes developed by                  SUMMARY:    The U.S. District Court for                www.regulations.gov and search for
                                               State and local governments for                         Alaska in its October 17, 2011, order in               FWS–R7–SM–2015–0159, which is the
                                               coordination and review of proposed                     Peratrovich et al. v. United States and                docket number for this rulemaking.
                                               Federal financial assistance.                           the State of Alaska, 3:92-cv–0734–HRH                     • By hard copy: U.S. mail or hand-
                                                  This document provides early                         (D. Alaska), enjoined the United States                delivery to: USFWS, Office of
                                               notification of our specific plans and                  ‘‘to promptly initiate regulatory                      Subsistence Management, 1011 East
                                               actions for these programs.                             proceedings for the purpose of                         Tudor Road, MS 121, Attn: Theo
                                                                                                       implementing the subsistence                           Matuskowitz, Anchorage, AK 99503–
                                                  Accessible Format: Individuals with
                                                                                                       provisions in Title VIII of the Alaska                 6199.
                                               disabilities can obtain this document in
                                                                                                       National Interest Lands Conservation                      We will post all comments on http://
                                               an accessible format (e.g., Braille, large
                                                                                                       Act (ANILCA) with respect to                           www.regulations.gov. This generally
                                               print, audiotape, or compact disc) on
                                                                                                       submerged public lands within Tongass                  means that we will post any personal
                                               request to the program contact person
                                                                                                       National Forest’’ and directed entry of                information you provide us (see the
                                               listed under FOR FURTHER INFORMATION
                                                                                                       judgment. To comply with the order, the                Public Review Process section below for
                                               CONTACT.
                                                                                                       Federal Subsistence Board (Board) must                 more information).
                                                  Electronic Access to This Document:                  initiate a regulatory proceeding to                    FOR FURTHER INFORMATION CONTACT:
                                               The official version of this document is                identify those submerged lands within                  Chair, Federal Subsistence Board, c/o
                                               the document published in the Federal                   the Tongass National Forest that did not               U.S. Fish and Wildlife Service,
                                               Register. Free Internet access to the                   pass to the State of Alaska at statehood               Attention: Eugene R. Peltola, Jr., Office
                                               official edition of the Federal Register                and, therefore, remain Federal public                  of Subsistence Management; (907) 786–
                                               and the Code of Federal Regulations is                  lands subject to the subsistence                       3888 or subsistence@fws.gov. For
                                               available via the Federal Digital System                provisions of ANILCA.                                  questions specific to National Forest
                                               at: www.gpo.gov/fdsys. At this site you                    Following the Court’s decision, the                 System lands, contact Thomas Whitford,
                                               can view this document, as well as all                  Bureau of Land Management (BLM) and                    Regional Subsistence Program Leader,
                                               other documents of this Department                      the USDA–Forest Service (USDA–FS)                      USDA, Forest Service, Alaska Region;
                                               published in the Federal Register, in                   started a review of hundreds of potential              (907) 743–9461 or twhitford@fs.fed.us.
                                               text or Adobe Portable Document                         pre-statehood (January 3, 1959)                        SUPPLEMENTARY INFORMATION:
                                               Format (PDF). To use PDF you must                       withdrawals in the marine waters of the
                                               have Adobe Acrobat Reader, which is                     Tongass National Forest. In April and                  Background
                                               available free at the site.                             October of 2015, BLM submitted initial                    Under Title VIII of ANILCA (16 U.S.C.
                                                  You may also access documents of the                 lists of submerged public lands to the                 3111–3126), the Secretary of the Interior
                                               Department published in the Federal                     Board. This proposed rule would add                    and the Secretary of Agriculture
                                               Register by using the article search                    those submerged parcels to the                         (Secretaries) jointly implement the
                                               feature at: www.federalregister.gov.                    subsistence regulations to ensure                      Federal Subsistence Management
                                               Specifically, through the advanced                      compliance with the Court order.                       Program. This program provides a
                                               search feature at this site, you can limit              Additional listings will be published as               preference for take of fish and wildlife
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                                               your search to documents published by                   BLM and the USDA–FS continue their                     resources for subsistence uses on
                                               the Department.                                         review of pre-statehood withdrawals.                   Federal public lands and waters in
                                                                                                       DATES: Public comments: Comments on                    Alaska. The Secretaries published
                                               John B. King, Jr.,
                                                                                                       this proposed rule must be received or                 temporary regulations to carry out this
                                               Secretary of Education.                                 postmarked by August 8, 2016.                          program in the Federal Register on June
                                               [FR Doc. 2016–13456 Filed 6–7–16; 8:45 am]                 Public meetings: The Federal                        29, 1990 (55 FR 27114), and published
                                               BILLING CODE 4000–01–P                                  Subsistence Regional Advisory Councils                 final regulations in the Federal Register


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Document Created: 2016-06-08 03:10:40
Document Modified: 2016-06-08 03:10:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed priority.
DatesWe must receive your comments on or before July 8, 2016.
ContactRamin Taheri, U.S. Department of Education, 400 Maryland Avenue SW., Room 5E343, Washington, DC 20202. Telephone: (202) 453-5961 or by email: [email protected]
FR Citation81 FR 36833 
RIN Number1875-AA11

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