82_FR_96 82 FR 95 - Applications for New Awards; Personnel Development To Improve Services and Results for Children With Disabilities-Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children With Disabilities Who Have High-Intensity Needs

82 FR 95 - Applications for New Awards; Personnel Development To Improve Services and Results for Children With Disabilities-Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children With Disabilities Who Have High-Intensity Needs

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 1 (January 3, 2017)

Page Range95-106
FR Document2016-31838

Federal Register, Volume 82 Issue 1 (Tuesday, January 3, 2017)
[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Notices]
[Pages 95-106]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31838]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Personnel Development To Improve 
Services and Results for Children With Disabilities--Interdisciplinary 
Preparation in Special Education, Early Intervention, and Related 
Services for Personnel Serving Children With Disabilities Who Have 
High-Intensity Needs

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice.

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Overview Information

    Personnel Development To Improve Services and Results for Children 
With Disabilities--Interdisciplinary Preparation in Special Education, 
Early Intervention, and Related Services for Personnel Serving Children 
With Disabilities Who Have High-Intensity Needs.
    Notice inviting applications for a new award for fiscal year (FY) 
2017.
    Catalog of Federal Domestic Assistance (CFDA) Number: 84.325K.

Dates: 
    Applications Available: January 3, 2017.
    Deadline for Transmittal of Applications: March 6, 2017.
    Deadline for Intergovernmental Review: May 3, 2017.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purposes of this program are to (1) help 
address State-identified needs for personnel preparation in special 
education, early

[[Page 96]]

intervention, related services, and regular education to work with 
children, including infants and toddlers, with disabilities; and (2) 
ensure that those personnel have the necessary skills and knowledge, 
derived from practices that have been determined through scientifically 
based research and experience, to be successful in serving those 
children.
    Priority: In accordance with 34 CFR 75.105(b)(2)(v), this priority 
is from allowable activities specified in the statute (see sections 662 
and 681 of the Individuals with Disabilities Education Act (IDEA)).
    Absolute Priority: For FY 2017 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3), we consider only applications that meet this priority.
    This priority is: Interdisciplinary Preparation in Special 
Education, Early Intervention, and Related Services for Personnel 
Serving Children With Disabilities Who Have High-Intensity Needs.
    Background: The purpose of this priority is to increase the number 
and improve the quality of personnel who are fully credentialed to 
serve children, including infants and toddlers, with disabilities who 
have high-intensity needs,\1\ especially in areas of chronic personnel 
shortage. The priority will fund high-quality interdisciplinary \2\ 
projects that prepare special education, early intervention, and 
related services personnel at the master's, specialist, or clinical 
doctoral levels for professional practice in classrooms and school 
settings.
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    \1\ For the purposes of this priority, ``high-intensity needs'' 
refers to a complex array of disabilities (e.g., multiple 
disabilities, significant cognitive disabilities, significant 
physical disabilities, significant sensory disabilities, significant 
autism, significant emotional disabilities, significant learning 
disabilities, including dyslexia) or needs of children with these 
disabilities requiring intensive, individualized intervention(s) 
(i.e., that are specifically designed to address persistent learning 
or behavior difficulties, implemented with greater frequency and for 
an extended duration than is commonly available in a typical 
classroom or early intervention setting, or which requires personnel 
to have knowledge and skills in identifying and implementing 
multiple interventions supported by evidence).
    \2\ For the purposes of this priority, ``interdisciplinary'' 
refers to preparing two or more disciplines together through shared 
coursework, group assignments, and coordinated field experiences.
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    State demand for fully credentialed special education, early 
intervention, and related services personnel to serve infants, 
toddlers, children, and youth with disabilities exceeds the available 
supply, particularly in high-need schools \3\ (Boe, deBettencourt, 
Rosenberg, Sindelar, & Leko, 2013). These shortages can negatively 
affect the quality of services provided to infants, toddlers, children, 
and youth with disabilities and their families (Boe et al., 2013).
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    \3\ For the purposes of this priority, the term ``high-need 
school'' refers to a public elementary or secondary school that is a 
``high-poverty'' or ``low-performing'' school as defined in 
footnotes 6 and 7, respectively.
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    The need for personnel with the knowledge and skills to serve 
children with disabilities who have high-intensity needs is even 
greater because specialized or advanced preparation is required to 
collaboratively design and support focused instruction and intensive 
individualized intervention(s) that address the needs of these children 
(Boe et al., 2013; Browder, Wood, Thompson, & Ribuffo, 2014; McLeskey & 
Brownell, 2015). Although children with disabilities who have high-
intensity needs may require the combined expertise of numerous 
professionals (including special education, early intervention, and 
related services providers), it is often difficult for personnel from 
varied professional backgrounds to work together because they lack 
shared information, understanding, and experience.
    Interdisciplinary approaches to personnel preparation provide 
scholars with experience working and learning in team environments 
similar to those in which they are likely to work once employed (Smith, 
2010). For example, under the IDEA, personnel serving children with 
disabilities will work on interdisciplinary teams with parent(s), 
general and special education teachers, early intervention, and related 
service providers with the expertise convened to design, implement, and 
evaluate intervention plans based on the unique learning and 
developmental needs of each individual child. To enable personnel to 
provide efficient, high-quality integrated services, personnel 
preparation programs need to embed content, practices, and clinical 
experience into preservice training that will match the 
interdisciplinary team-based approaches in which graduates are likely 
to work. This priority aims to fund interdisciplinary projects that 
will provide such preparation.
    Priority: The purpose of this priority is to increase the number 
and improve the quality of personnel who are fully credentialed to 
serve children, including infants and toddlers, with disabilities who 
have high-intensity needs--especially in areas of chronic personnel 
shortage. The priority will fund high-quality interdisciplinary 
projects that prepare special education, early intervention, and 
related services personnel at the master's, specialist, or clinical 
doctoral levels for professional practice in classrooms and school 
settings.
    An applicant must propose an interdisciplinary project in special 
education, early intervention, or related services. An 
interdisciplinary project is a project that delivers core content 
through shared coursework, group assignments, and coordinated clinical 
experiences as part of master's, specialist, or clinical doctoral 
degree programs for scholars \4\ across two or more disciplines and 
that leads to licensure, endorsement, or certification. Not all degree-
program requirements (e.g., courses, seminars, and clinical 
experiences) must be shared across disciplines, but the project must: 
(a) Identify the competencies needed to address the individualized 
needs of children with disabilities who have high-intensity needs using 
an interdisciplinary approach to service delivery; and (b) outline how 
the project will build capacity in those areas through shared 
coursework, group assignments, and coordinated clinical experiences for 
scholars supported by the proposed project. Projects may include 
individuals who are in degree programs (e.g., general education) that 
are cooperating with, but not funded by, the applicant's proposed 
project in the interdisciplinary coursework, group assignments, 
coordinated field experiences, and other opportunities funded by the 
project (e.g., speaker series, monthly seminars) if doing so does not 
diminish the benefit for project-funded scholars (e.g., by reducing 
funds available for scholar support or limiting opportunities for 
scholars to participate in project activities).
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    \4\ For the purposes of this priority, the term ``scholar'' 
means an individual who is pursuing a degree, license, endorsement, 
or certification related to special education, related services, or 
early intervention services and who receives scholarship assistance 
under section 662 of IDEA (see 34 CFR 304.3(g)). Individuals 
pursuing degrees in general education do not qualify as ``scholars'' 
eligible for scholarship assistance.

    Note: Personnel preparation programs that prepare individuals to 
be educational interpreters for the deaf at the bachelor's degree 
level can qualify under this priority without an interdisciplinary 
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partner.


    Note: The first year of the project period and up to $100,000 of 
Federal funds may be used for program planning. Planning activities 
during the first year could include outlining shared coursework, 
group assignments, or coordinated clinical

[[Page 97]]

experiences designed to: (a) Build the knowledge, skills, and 
competencies that personnel from each discipline participating in 
the project will need to work collaboratively with other general and 
special education teachers, early intervention, and related services 
providers to design and deliver the focused instruction and intense 
individualized intervention(s) needed to address the individualized 
needs of children with disabilities who have high-intensity needs 
and (b) enhance the competency of beginning practitioners with 
master's, specialist, or clinical doctoral degrees in special 
education, early intervention, or related services to collaborate on 
interdisciplinary teams.

    To be considered for funding under this absolute priority, all 
program applicants must meet the application requirements contained in 
the priority. All projects funded under this absolute priority also 
must meet the programmatic and administrative requirements specified in 
the priority.
    The requirements of this priority are as follows:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how--
    (1) The project addresses national, State, regional, or district 
shortages of personnel who are fully qualified to serve children with 
disabilities, ages birth through 21, who have high-intensity needs. To 
address this requirement, the applicant must--
    (i) Present data on the effectiveness of each special education, 
early intervention, or related services personnel preparation program 
participating in the project in areas such as: The average amount of 
time it takes for scholars to complete the program; the percentage of 
program graduates who receive a license, endorsement, or certification 
related to special education, related services, or early intervention 
services; the percentage of program graduates finding employment 
related to their preparation after graduation; the effectiveness of 
program graduates in providing special education, early intervention, 
or related services, which could include data on the learning and 
developmental outcomes of children with disabilities they serve; the 
percentage of program graduates who maintain employment for two or more 
years in the area for which they were prepared and who are fully 
qualified under IDEA; and the percentage of graduates and their 
employers who report that program graduates received adequate 
preparation to provide high quality special education, early 
intervention, or related services; and
    (ii) If available, present data on the effectiveness of 
interdisciplinary approaches to the preparation of special education, 
early intervention, or related services personnel that involve the 
programs participating in the proposed project.

    Note: Data on the effectiveness of a personnel preparation 
program should be no older than five years prior to the start date 
of the project proposed in the application. When reporting 
percentages, the denominator (i.e., total number of scholars or 
program graduates) must be provided.

    (2) The project will increase the number of personnel who 
demonstrate the competencies needed to provide (a) focused instruction, 
and (b) intense individualized intervention(s) in an interdisciplinary 
team-based approach to address the individualized needs of children 
with disabilities who have high-intensity needs, ages birth through 21, 
that result in improvements in learning or developmental outcomes 
(e.g., academic, social, emotional, behavioral), or successful 
transition to postsecondary education and the workforce. To address 
this requirement, the applicant must--
    (i) Identify the competencies \5\ that special education, early 
intervention, or related services personnel need in order to ensure 
delivery of (a) focused instruction, and (b) intense individualized 
intervention(s) in an interdisciplinary team-based approach that will: 
Lead to improved learning and developmental outcomes; ensure access to 
and progress in academic achievement standards or alternate academic 
achievements standards, as appropriate; lead to successful transition 
to college and career for children with disabilities, including 
children with disabilities who have high-intensity needs; and maximize 
the use of effective technology to deliver instruction, interventions, 
and services;
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    \5\ For the purposes of this priority, the term ``competencies'' 
means what a person knows and can do: The knowledge, skills, and 
dispositions necessary to effectively function in a role (National 
Professional Development Center on Inclusion, 2011). These 
competencies should ensure that personnel are able to use 
challenging academic standards, child achievement and functional 
standards, and assessments to improve instructional practices, 
services, learning and developmental outcomes (e.g., academic, 
social, emotional, behavioral), and college- and career-readiness of 
children with disabilities.
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    (ii) Identify the competencies needed by members of 
interdisciplinary teams that will result in improved outcomes for 
children with disabilities who have high-intensity needs;
    (iii) Identify the competencies that personnel need to support 
inclusion of children with disabilities in the least restrictive and 
natural environments to the maximum extent appropriate by intentionally 
promoting participation in learning and social activities to foster 
development, learning, academic achievement, friendships with peers, 
and sense of belonging; and
    (iv) Provide a conceptual framework for the proposed 
interdisciplinary personnel preparation project, including any 
empirical support that will promote the acquisition of the identified 
competencies (see paragraph (a)(2)(i) of the requirements for this 
priority) needed by special education, early intervention, or related 
services personnel, and how these competencies relate to the proposed 
project.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Services,'' how--
    (1) The project will conduct its planning activities, if the first 
year of the project period is used for planning.
    (2) The project will recruit and retain high-quality scholars into 
the bachelor's (if training educational interpreters for the deaf), 
master's, specialist, or clinical doctoral degree programs 
participating in the project and ensure equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. To meet this requirement, the 
applicant must--
    (i) Describe criteria the applicant will use to identify high-
quality applicants for admission into the degree programs participating 
in the project;
    (ii) Describe the recruitment strategies the applicant will use to 
attract high-quality applicants and any specific recruitment strategies 
targeting high-quality applicants from traditionally underrepresented 
groups, including individuals with disabilities; and
    (iii) Describe the approach, including mentoring, monitoring, and 
accommodations, the applicant will use to support scholars to complete 
their respective degree programs.
    (3) The project reflects current practices supported by evidence 
and is designed to prepare scholars in the identified competencies. To 
address this requirement, the applicant must--
    (i) Describe how the project will incorporate current practices 
supported by evidence (including relevant research citations) that 
improve outcomes for children with disabilities who have high-intensity 
needs into (a) the required coursework and clinical experiences for 
each personnel preparation program participating in the project; and 
(b) the shared coursework, group assignments, and coordinated clinical 
experiences required for the

[[Page 98]]

interdisciplinary portions of the project; and
    (ii) Describe how the project will use professional development 
practices supported by evidence for adult learners to instruct 
scholars.
    (4) The project is of sufficient quality, intensity, and duration 
to prepare scholars in the identified competencies. To address this 
requirement, the applicant must describe how--
    (i) The components of (a) each personnel preparation program 
participating in the project; and (b) the shared coursework, group 
assignments, and coordinated clinical experiences required for the 
interdisciplinary portions of the proposed project will support 
scholars' acquisition and enhancement of the identified competencies;
    (ii) The components of (a) each personnel preparation program 
participating in the project and (b) the shared coursework, group 
assignments, and coordinated clinical experiences required for the 
interdisciplinary portions of the proposed project will be integrated 
to allow scholars to use their knowledge and skills in designing, 
implementing, and evaluating practices supported by evidence to address 
the learning and developmental needs of children with disabilities who 
have high-intensity needs in collaboration with other team members;
    (iii) Scholars will be provided with ongoing guidance and feedback 
during training; and
    (iv) The proposed project will provide ongoing induction 
opportunities and mentoring support to graduates of each personnel 
preparation program participating in the project.
    (5) The project will collaborate with appropriate partners, 
including--
    (i) High-need schools, which are high-poverty schools,\6\ low-
performing schools,\7\ or publicly funded preschool programs, including 
Head Start programs and programs serving children eligible for services 
under IDEA Part C and Part B, section 619, that are located within the 
geographic boundaries of a high-need LEA. The purpose of these 
partnerships is to provide clinical practice for scholars aimed at 
developing the identified competencies as members of interdisciplinary 
teams; and
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    \6\ For the purposes of this priority, the term ``high-poverty 
school'' means a school that is in the highest two quartiles of 
schools served by a local educational agency, based on the 
percentage of enrolled students from low-income families as defined 
in section 1113(a)(5) of the Elementary and Secondary Education Act 
of 1965, as amended (ESEA).
    \7\ For the purpose of this priority, the term ``low-performing 
school'' means a school receiving assistance through Title I of the 
ESEA that, at the time of submission of an application under this 
competition, is (1) identified as a school in need of corrective 
action or restructuring under section 1116 of the ESEA, as amended 
by the No Child Left Behind Act of 2001 (NCLB); or (2) identified as 
a priority or focus school in a State that implemented ESEA 
flexibility. The inclusion of these schools as ``low-performing 
schools'' reflects the fact that the 2016-2017 school year is a year 
of transition between requirements of the ESEA as amended by NCLB 
and the ESEA as amended by the Every Student Succeeds Act.

    Note: A State that received ESEA flexibility was not required to 
identify schools in corrective action or restructuring under section 
1116 of the ESEA; rather, the State identified priority and focus 
schools. Moreover, with the enactment of the Every Student Succeeds 
Act (ESSA), no State, beginning in the 2017-2018 school year, will 
identify schools in corrective action or restructuring under section 
1116 of the ESEA or identify schools as priority and focus schools 
under ESEA flexibility. Therefore, consistent with section 5(e)(2) 
of the ESSA, the U.S. Department of Education (Department) will 
allow applicants to consider the following schools as low-performing 
schools: (1) Elementary and secondary schools identified, at the 
time of submission of an application under this competition, as in 
need of corrective action or restructuring under the ESEA, as 
amended by NCLB; (2) elementary and secondary schools identified, at 
the time of submission of an application under this competition, as 
a priority or focus school by a State under ESEA flexibility; and 
(3) secondary schools (both middle and high schools) in a State that 
are, at the time of submission of an application under this 
competition, equally as low-achieving as the Title I schools above 
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and are eligible for, but do not receive, Title I funds.

    (ii) Other programs on campus or at partnering universities for the 
purpose of sharing resources, supporting program development and 
delivery, and addressing personnel shortages.
    (6) The project will use technology, as appropriate, to promote 
scholar learning and professional practice, enhance the efficiency of 
the project, collaborate with partners, and facilitate ongoing 
mentoring and support for scholars.
    (7) The project will ensure that scholars understand how to use 
technology to support student learning; and
    (8) The project will align with and use resources, as appropriate, 
available through technical assistance centers, which may include 
centers funded by the Department.

    Note: Use our ``Find a Center'' at www.osepideasthatwork.org for 
information about the Office of Special Education Programs (OSEP) 
funded national centers.

    (c) Demonstrate, in the narrative section of the application under 
``Quality of Project Evaluation,'' how--
    (1) The applicant will use comprehensive and appropriate 
methodologies to evaluate how well the goals or objectives of the 
proposed project have been met, including the project processes and 
outcomes.
    (2) The applicant will collect, analyze, and use data related to 
specific and measurable goals, objectives, and outcomes of the project. 
To address this requirement, the applicant must describe--
    (i) How scholar competencies and other project processes and 
outcomes will be measured for formative evaluation purposes, including 
proposed instruments, data collection methods, and possible analyses; 
and
    (ii) How data on the quality of services provided by proposed 
project graduates, including data on the learning and developmental 
outcomes (e.g., academic, social, emotional, behavioral, meeting 
college- and career-ready standards) and on growth toward these 
outcomes of the children with disabilities who have high-intensity 
needs that the project graduates serve, will be collected and analyzed.

    Note: Following the completion of the project period, grantees 
are encouraged to engage in ongoing data collection activities.

    (3) The methods of evaluation will produce quantitative and 
qualitative data for objective performance measures that are related to 
the outcomes of the proposed project.
    (4) The methods of evaluation will provide performance feedback and 
allow for periodic assessment of progress towards meeting the project 
outcomes. To address this requirement, the applicant must describe 
how--
    (i) Results of the evaluation will be used as a basis for improving 
the proposed project to prepare special education, early intervention, 
or related services personnel to provide (a) focused instruction, and 
(b) intense individualized intervention(s) in an interdisciplinary 
team-based approach to improve outcomes of children with disabilities 
who have high-intensity needs; and
    (ii) The grantee will report the evaluation results to OSEP in its 
annual and final performance reports.
    (d) Demonstrate, in the narrative under ``Project Assurances,'' or 
appendices, as applicable, that the following program requirements are 
met. The applicant must--
    (1) Include, in the application as Appendix B, brief syllabi for 
required courses, seminars, and field experiences of the degree 
programs participating in the project, such as--

[[Page 99]]

    (i) Syllabi for shared courses, seminars, and coordinated clinical 
experiences; and
    (ii) Proposed syllabi for new courses.
    (2) Ensure that a comprehensive set of completed syllabi, including 
syllabi created or revised as part of a project planning year, are 
submitted to OSEP by the end of Year 1 of the grant.
    (3) Ensure scholars will not be selected based on race, ethnicity, 
or national origin. Per the Supreme Court's decision in Adarand 
Constructors, Inc. v. Pena, 515 U.S. 200 (1995), the Department does 
not allow the selection of individuals on the basis of race, ethnicity, 
or national origin. For this reason, grantees must ensure that any 
discussion of the recruitment of scholars based on race, ethnicity, or 
national origin distinguishes between increasing the pool of applicants 
and actually selecting scholars.
    (4) Ensure that the project will meet all requirements for grantees 
in disbursing scholarships as outlined in 34 CFR 304.22. Failure by a 
grantee to properly meet these requirements would be a violation of the 
grant award that could result in sanctions, including the grantee being 
liable for returning any misused funds to the Department. Specifically, 
before disbursement of scholarship assistance to an individual, a 
grantee must--
    (a) Ensure that the scholar--
    (1) Is a citizen or national of the United States;
    (2) Is a permanent resident of--
    (i) Puerto Rico, the United States Virgin Islands, Guam, American 
Samoa, or the Commonwealth of the Northern Mariana Islands; or
    (ii) The Republic of the Marshall Islands, the Federated States of 
Micronesia, or the Republic of Palau during the period in which these 
entities are eligible to receive an award under the Personnel 
Development to Improve Services and Results for Children with 
Disabilities program; or
    (3) Provides evidence from the U.S. Department of Homeland Security 
that the individual is--
    (i) A lawful permanent resident of the United States; or
    (ii) In the United States for other than a temporary purpose with 
the intention of becoming a citizen or permanent resident;
    (b) Limit the cost of attendance portion of the scholarship 
assistance (as discussed in 34 CFR 304.21(a)) to the amount by which 
the individual's cost of attendance at the institution exceeds the 
amount of grant assistance the scholar is to receive for the same 
academic year under title IV of the HEA; and
    (c) Obtain a Certification of Eligibility for Federal Assistance 
from each scholar, as prescribed in 34 CFR 75.60, 75.61, and 75.62.
    (5) Ensure that the project will meet all requirements in 34 CFR 
304.23, particularly those related to informing all scholarship 
recipients of their service obligation commitment. Failure by a grantee 
to properly meet these requirements would be a violation of the grant 
award that could result in sanctions, including the grantee being 
liable for returning any misused funds to the Department. Specifically, 
the grantee must prepare, and ensure that each scholarship recipient 
signs, the following two documents:
    (i) A Pre-Scholarship Agreement prior to the scholar receiving a 
scholarship for an eligible program (Office of Management and Budget 
(OMB) Control Number 1820-0686); and
    (ii) An Exit Certification immediately upon the scholar leaving, 
completing, or otherwise exiting that program (OMB Control Number 1820-
0686).
    (6) Ensure that prior approval from the OSEP project officer will 
be obtained before admitting additional scholars beyond the number of 
scholars proposed in the application and before transferring a scholar 
to another OSEP-funded grant.
    (7) Ensure that the project will meet the statutory requirements in 
section 662(e) through 662(h) of IDEA.
    (8) Ensure that at least 65 percent of the total requested budget 
over the five years will be used for scholar support. Applicants 
proposing to use Year 1 for program development may budget for less 
than 65 percent of the total requested budget over the five years for 
scholar support; instead 65 percent of the total award minus funds 
allocated for program development will be used to calculate the value 
of required scholar support.
    (9) Ensure that the institution of higher education (IHE) will not 
require scholars enrolled in the program to work (e.g., as graduate 
assistants) as a condition of receiving support (e.g., tuition, 
stipends) from the proposed project, unless the work is specifically 
related to the acquisition of scholars' competencies and the 
requirements for completion of their personnel preparation program. 
This prohibition on work as a condition of receiving support does not 
apply to the service obligation requirements in section 662(h) of IDEA.
    (10) Ensure that the budget includes attendance of the project 
director at a three-day project directors' meeting in Washington, DC, 
during each year of the project.
    (11) Ensure that the project director, key personnel, and scholars 
will actively participate in the cross-project collaboration, advanced 
trainings, and cross-site learning opportunities (e.g., webinars, 
briefings) organized by OSEP. This partnership will be used to build 
capacity of participants, increase the impact of funding, and 
innovative and interdisciplinary service delivery models across 
projects.
    (12) Ensure that if the project maintains a Web site, relevant 
information and documents are in a format that meets government or 
industry-recognized standards for accessibility.
    (13) Ensure that annual data will be submitted on each scholar who 
receives grant support (OMB Control Number 1820-0686). The primary 
purposes of the data collection are to track the service obligation 
fulfillment of scholars who receive funds from OSEP grants and to 
collect data for program performance measure reporting under the 
Government Performance and Results Act of 1993 (GPRA). Applicants are 
encouraged to visit the Personnel Development Program Data Collection 
System (DCS) Web site at https://pdp.ed.gov/osep for further 
information about this data collection requirement. Typically, data 
collection begins in January of each year, and grantees are notified by 
email about the data collection period for their grant, although 
grantees may submit data as needed, year round. This data collection 
must be submitted electronically by the grantee and does not supplant 
the annual grant performance report required of each grantee for 
continuation funding (see 34 CFR 75.590). Data collection includes the 
submission of a signed, completed Pre-Scholarship Agreement and Exit 
Certification for each scholar funded under an OSEP grant (see 
paragraph (4) of this section, subparagraphs (i) and (ii)).
    Focus Areas: Within this absolute priority, the Secretary intends 
to support interdisciplinary projects under the following two focus 
areas: (A) Preparing Personnel to Serve Infants, Toddlers, and 
Preschool-Age Children with Disabilities who have High-Intensity Needs; 
and (B) Preparing Personnel to Serve School-Age Children with 
Disabilities who have High-Intensity Needs.

    Note: Interdisciplinary projects are encouraged for personnel 
preparation programs serving educational interpreters, but are not 
required.


    Note: Applicants must identify the specific focus area (i.e., A 
or B) under which they are

[[Page 100]]

applying as part of the competition title on the application cover 
sheet (SF form 424, line 4). Applicants may not submit the same 
proposal under more than one focus area.

    Focus Area A: Preparing Personnel To Serve Infants, Toddlers, and 
Preschool-Age Children With Disabilities Who Have High-Intensity Needs. 
OSEP intends to fund nine awards under this focus area. For the purpose 
of Focus Area A, early intervention personnel are those who are 
prepared to provide services to infants and toddlers with disabilities 
ages birth to three, and early childhood personnel are those who are 
prepared to provide services to children with disabilities ages three 
through five (and in States where the age range is other than ages 
three through five, we will defer to the State's certification for 
early childhood). In States where certification in early intervention 
is combined with certification in early childhood, applicants may 
propose a combined early intervention and early childhood personnel 
preparation project under this focus area. For purposes of this focus 
area, interdisciplinary projects are projects that deliver core content 
through shared coursework, group assignments, and coordinated clinical 
experiences shared across disciplines for: (a) Early intervention 
providers or early childhood special educators and related services 
personnel who serve infants, toddlers, and preschool-age children with 
disabilities who have high-intensity needs; or (b) projects preparing 
only related services personnel to serve infants, toddlers, and 
preschool-age children with disabilities who have high-intensity needs.

    Note: In Focus Area A, OSEP intends to fund in FY 2017 at least 
three high-quality applications from Minority-Serving IHEs,\8\ 
including a minimum of one Historically Black College or University 
(HBCU) and, as a result, may fund applications out of rank order.

    \8\ For the purposes of this priority, the term ``Minority-
Serving IHEs'' refers to IHEs with a minority enrollment of 50 
percent or more, which may include Historically Black Colleges and 
Universities, Tribal Colleges, and Predominantly Hispanic Serving 
Colleges and Universities.
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    Focus Area B: Preparing Personnel To Serve School-Age Children With 
Disabilities Who Have High-Intensity Needs. OSEP intends to fund 27 
awards under this focus area. For the purpose of Focus Area B, 
personnel who serve children with disabilities who have high-intensity 
needs are special education teachers or related services providers 
prepared to serve school-age children with disabilities who have high-
intensity needs. For purposes of this focus area, interdisciplinary 
projects are: (a) Projects that deliver core content through shared 
coursework, group assignments, and coordinated clinical experiences 
shared across disciplines for special education teachers and related 
services personnel who serve school-age children with disabilities who 
have high-intensity needs; or (b) projects preparing only related 
services personnel to serve school-age children with disabilities who 
have high-intensity needs.

    Note: In Focus Area B, OSEP intends to fund in FY 2017 at least 
eight high-quality applications from Minority-Serving IHEs including 
a minimum of two HBCUs and, as a result, may fund applications out 
of rank order.


    Note: A project funded under Focus Area A or B may budget for 
less than the 65 percent required for scholar support in Year 1 if 
the first year of the proposed project will be used for planning new 
or improved coursework, group assignments, or coordinated clinical 
experience needed to support interdisciplinary preparation for 
special education, early intervention, or related services personnel 
serving children with disabilities who have high-intensity needs, 
and the applicant can provide sufficient justification for a 
designation less than this required percentage. Sufficient 
justification for proposing less than 65 percent of the budget for 
scholar support in Year 1 would include support for activities, such 
as--
    (1) Program improvement to develop and deliver shared 
coursework, group assignments, and coordinated clinical experience 
needed to support interdisciplinary preparation for personnel across 
two or more master's, specialist or clinical doctorate degree 
programs (e.g., hiring of a new faculty member or consultant to 
assist in course development, providing professional development and 
training for faculty and clinical supervisors, negotiating 
agreements with schools to serve as sites for coordinated clinical 
experience). In the initial project year, scholar support would not 
be required. The project must demonstrate that the newly established 
coursework and coordinated clinical experience is approved and ready 
for implementation in order to receive continuation funds in Year 2.
    (2) Building capacity (e.g., hiring of a clinical practice 
supervisor, providing professional development and training for 
faculty) or purchasing needed resources (e.g., additional teaching 
supplies or specialized equipment to enhance instruction).


    Note:  Applicants proposing projects to develop, expand, or add 
a new area of emphasis to special education, early intervention, or 
related services programs must provide, in their applications, 
information on how these new areas will be sustained once Federal 
funding ends.

References

Boe, E.E., deBettencourt, L., Dewey, J.F., Rosenberg, M.S., 
Sindelar, P.T., & Leko, C.D. (2013). Variability in demand for 
special education teachers: Indicators, explanations, and impacts. 
Exceptionality, 21, 103-125.
Browder, D.M., Wood, L., Thompson, J., & Ribuffo, C. (2014). 
Evidence-based practices for students with severe disabilities 
(Document No. IC-3). Retrieved from University of Florida, 
Collaboration for Effective Educator, Development, Accountability, 
and Reform Center Web site: http://ceedar.education.ufl.edu/tool/innovation-configurations/.
Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq. 
(2004).
McLeskey, J., & Brownell, M. (2015). High-leverage practices and 
teacher preparation in special education (Document No. PR-1). 
Retrieved from University of Florida, Collaboration for Effective 
Educator, Development, Accountability, and Reform Center Web site: 
http://ceedar.education.ufl.edu/wp-content/uploads/2016/05/High-Leverage-Practices-and-Teacher-Preparation-in-Special-Education.pdf.
National Professional Development Center on Inclusion. (August, 
2011). Competencies for early childhood educators in the context of 
inclusion: Issues and guidance for States. Chapel Hill, NC: The 
University of North Carolina, FPG Child Development Institute, 
Author.
Smith, J. (2010). An interdisciplinary approach to preparing early 
intervention professionals: A university and community collaborative 
initiative. Teacher Education and Special Education, 33(2), 131-142.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (APA) (5 U.S.C. 553) the Department generally offers interested 
parties the opportunity to comment on proposed priorities. Section 
681(d) of IDEA, however, makes the public comment requirements of the 
APA inapplicable to the priority in this notice.
    Program Authority: 20 U.S.C. 1462 and 1481.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 81, 82, 
84, 86, 97, 98, and 99. (b) The Office of Management and Budget 
Guidelines to Agencies on Governmentwide Debarment and Suspension 
(Nonprocurement) in 2 CFR part 180, as adopted and amended as 
regulations of the Department in 2 CFR part 3485. (c) The Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards in 2 CFR part 200, as adopted and amended as 
regulations of the Department in 2 CFR part 3474. (d) The regulations 
for this program in 34 CFR part 304.

    Note:  The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.



[[Page 101]]


    Note:  The regulations in 34 CFR part 86 apply to IHEs only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration has requested 
$83,700,000 for the Personnel Development to Improve Services and 
Results for Children with Disabilities program for FY 2017, of which we 
intend to use an estimated $9,000,000 for this competition. The actual 
level of funding, if any, depends on final congressional action. 
However, we are inviting applications to allow enough time to complete 
the grant process if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2018 from the list of 
unfunded applicants from this competition.
    Estimated Range of Awards: See chart.
    Estimated Average Size of Awards: See chart.
    Maximum Award: See chart.
    Estimated Number of Awards: See chart.
    Project Period: See chart.

                             Personnel Development To Improve Services and Results for Children With Disabilities (84.325K) Application Notice for Fiscal Year 2017
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Maximum
                                                             Deadline for          Deadline for      Estimated    Estimated    award for    Estimated
       CFDA number and name            Applications         transmittal of     intergovern- mental    range of     average    each budget   number of     Project  period       Contact person
                                         available           applications             review           awards      size of     period of      awards
                                                                                                                    awards     12 months
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
84.325K Interdisciplinary          January 3, 2017.....  March 6, 2017.......  May 3, 2017
 Preparation in Special
 Education, Early Intervention,
 and Related Services for
 Personnel Serving Children with
 Disabilities who have High-
 Intensity Needs.
Focus Area A: Preparing Personnel  ....................  ....................  ...................    $200,000-     $250,000   * $250,000            9  Up to 60 mos.......  Focus Area A or
 to Serve Infants, Toddlers, and                                                                       $250,000                                                               Minority Serving
 Preschool-Age Children with                                                                                                                                                  Institutions: Dawn
 Disabilities who have High-                                                                                                                                                  Ellis, 202-245-
 Intensity Needs.                                                                                                                                                             6417,
                                                                                                                                                                              [email protected],
                                                                                                                                                                              Potomac Center
                                                                                                                                                                              Plaza, Room 5137.
Focus Area B: Preparing Personnel  ....................  ....................  ...................    $200,000-     $250,000   * $250,000           27  Up to 60 mos.......  Focus Area B:
 to Serve School-Age Children                                                                          $250,000                                                               Maryann McDermott,
 with Disabilities who have High-                                                                                                                                             202-245-7439,
 Intensity Needs.                                                                                                                                                             [email protected], Potomac
                                                                                                                                                                              Center Plaza, Room
                                                                                                                                                                              5144.
                                                                                                                                                                             or
                                                                                                                                                                             Sarah Allen, 202-
                                                                                                                                                                              245-7875,
                                                                                                                                                                              [email protected]
                                                                                                                                                                              , Potomac Center
                                                                                                                                                                              Plaza, Room 5144.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* We will reject any application that proposes a budget exceeding the maximum award for a single budget period of 12 months.


    Note:  The Department is not bound by any estimates in this 
notice.

    Evaluation Period: In August 2013, the Department amended the EDGAR 
to authorize the award of an evaluation period after the end of the 
approved project period. 34 CFR 75.250 allows for an evaluation period 
for the sole purpose of data collection, analysis, and reporting. The 
full text of this regulation is included in the application package.
    Under 34 CFR 75.250(b) the Secretary has the authority to make data 
collection/analysis awards. By the terms of that section, the awards 
can only go to current grantees, may only be used for data collection, 
analysis and reporting and do not have to go through a formal 
competitive process.

III. Eligibility Information

    1. Eligible Applicants: IHEs, private nonprofit organizations.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Eligible Subgrantees: (a) Under 34 CFR 75.708(b) and (c) a 
grantee may award subgrants--to directly carry out project activities 
described in its application--to the following types of entities: IHEs 
and private nonprofit organizations suitable to carry out the 
activities proposed in the application.
    (b) The grantee may award subgrants to entities it has identified 
in an approved application.
    4. Other General Requirements:
    (a) Recipients of funding under this competition must make positive 
efforts to employ and advance in employment qualified individuals with 
disabilities (see section 606 of IDEA).
    (b) Each applicant for, and recipient of, funding must, with 
respect to the aspects of their proposed project, involve individuals 
with disabilities, or parents of individuals with disabilities ages 
birth through 26, in planning, implementing, and evaluating the project 
(see section 682(a)(1)(A) of IDEA).

IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an 
application

[[Page 102]]

package via the Internet or from the Education Publications Center (ED 
Pubs). To obtain a copy via the Internet, use the following address: 
www.ed.gov/fund/grant/apply/grantapps/index.html. To obtain a copy from 
ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of 
Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 
1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications 
device for the deaf (TDD) or a text telephone (TTY), call, toll free: 
1-877-576-7734.
    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at 
its email address: [email protected].
    If you request an application from ED Pubs, be sure to identify 
this competition as follows: CFDA number 84.325K.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the person or team listed under 
Accessible Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content and form of an application, together with the 
forms you must submit, are in the application package for this 
competition.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. You must limit Part III to 
no more than 50 pages, using the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, reference citations, and captions, as well as 
all text in charts, tables, figures, graphs, and screen shots.
     Use a font that is 12 point or larger.
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    The page limit and double-spacing requirements do not apply to Part 
I, the cover sheet; Part II, the budget section, including the 
narrative budget justification; Part IV, the assurances and 
certifications; or the abstract (follow the guidance provided in the 
application package for completing the abstract), the table of 
contents, the list of priority requirements, the resumes, the reference 
list, the letters of support, or the appendices. However, the page 
limit and double-spacing requirements do apply to all of Part III, the 
application narrative, including all text in charts, tables, figures, 
graphs, and screen shots.
    We will reject your application if you exceed the page limit in the 
application narrative section, or if you apply standards other than 
those specified in this notice and the application package.
    3. Submission Dates and Times:
    Applications Available: January 3, 2017.
    Deadline for Transmittal of Applications: March 6, 2017.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to Other Submission Requirements in section 
IV of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under For Further Information Contact in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: May 3, 2017.
    4. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    5. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the System for Award 
Management (SAM), the Government's primary registrant database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS number from Dun and Bradstreet at the 
following Web site: http://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN. We 
strongly recommend that you register early.

    Note:  Once your SAM registration is active, it may be 24 to 48 
hours before you can access the information in, and submit an 
application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your DUNS number is correct. Also note that you will need to update 
your registration annually. This may take three or more business days.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS number and TIN in 
SAM or updating your existing SAM account, we have prepared a SAM.gov 
Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.
    In addition, if you are submitting your application via Grants.gov, 
you must (1) be designated by your organization as an Authorized 
Organization Representative (AOR); and (2) register yourself with 
Grants.gov as an AOR. Details on these steps are outlined at the 
following Grants.gov Web page: www.grants.gov/web/grants/register.html.
    7. Other Submission Requirements: Applications for grants under 
this

[[Page 103]]

competition must be submitted electronically unless you qualify for an 
exception to this requirement in accordance with the instructions in 
this section.
    a. Electronic Submission of Applications.
    Applications for grants under the Interdisciplinary Preparation in 
Special Education, Early Intervention, and Related Services for 
Personnel Serving Children with Disabilities who have High-Intensity 
Needs competition, CFDA number 84.325K, must be submitted 
electronically using the Governmentwide Grants.gov Apply site at 
www.Grants.gov. Through this site, you will be able to download a copy 
of the application package, complete it offline, and then upload and 
submit your application. You may not email an electronic copy of a 
grant application to us.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    You may access the electronic grant application for the 
Interdisciplinary Preparation in Special Education, Early Intervention, 
and Related Services for Personnel Serving Children with Disabilities 
who have High-Intensity Needs competition at www.Grants.gov. You must 
search for the downloadable application package for this competition by 
the CFDA number. Do not include the CFDA number's alpha suffix in your 
search (e.g., search for 84.325, not 84.325K).
    Please note the following:
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
     Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30:00 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time stamped by the Grants.gov system after 
4:30:00 p.m., Washington, DC time, on the application deadline date.
     The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
     You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this competition to ensure that 
you submit your application in a timely manner to the Grants.gov 
system. You can also find the Education Submission Procedures 
pertaining to Grants.gov under News and Events on the Department's G5 
system home page at www.G5.gov. In addition, for specific guidance and 
procedures for submitting an application through Grants.gov, please 
refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications.
     You must upload any narrative sections and all other 
attachments to your application as files in a read-only, non-modifiable 
Portable Document Format (PDF). Do not upload an interactive or 
fillable PDF file. If you upload a file type other than a read-only, 
non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a 
password-protected file, we will not review that material. Please note 
that this could result in your application not being considered for 
funding because the material in question--for example, the application 
narrative--is critical to a meaningful review of your proposal. For 
that reason it is important to allow yourself adequate time to upload 
all material as PDF files. The Department will not convert material 
from other formats to PDF. Additional, detailed information on how to 
attach files is in the application instructions.
     Your electronic application must comply with any page-
limit requirements described in this notice.
     After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. This notification indicates 
receipt by Grants.gov only, not receipt by the Department. Grants.gov 
will also notify you automatically by email if your application met all 
the Grants.gov validation requirements or if there were any errors 
(such as submission of your application by someone other than a 
registered Authorized Organization Representative, or inclusion of an 
attachment with a file name that contains special characters). You will 
be given an opportunity to correct any errors and resubmit, but you 
must still meet the deadline for submission of applications.
    Once your application is successfully validated by Grants.gov, the 
Department will retrieve your application from Grants.gov and send you 
an email with a unique PR/Award number for your application.
    These emails do not mean that your application is without any 
disqualifying errors. While your application may have been successfully 
validated by Grants.gov, it must also meet the Department's application 
requirements as specified in this notice and in the application 
instructions. Disqualifying errors could include, for instance, failure 
to upload attachments in a read-only, non-modifiable PDF; failure to 
submit a required part of the application; or failure to meet applicant 
eligibility requirements. It is your responsibility to ensure that your 
submitted application has met all of the Department's requirements.
     We may request that you provide us original signatures on 
forms at a later date.
    Application Deadline Date Extension in Case of Technical Issues 
With the Grants.gov System: If you are experiencing problems submitting 
your application through Grants.gov, please contact the Grants.gov 
Support Desk, toll free, at 1-800-518-4726. You must obtain a 
Grants.gov Support Desk Case Number and must keep a record of it.

[[Page 104]]

    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30:00 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30:00 p.m., Washington, DC 
time, on the application deadline date, please contact the person 
listed under For Further Information Contact in section VII of this 
notice and provide an explanation of the technical problem you 
experienced with Grants.gov, along with the Grants.gov Support Desk 
Case Number. We will accept your application if we can confirm that a 
technical problem occurred with the Grants.gov system and that the 
problem affected your ability to submit your application by 4:30:00 
p.m., Washington, DC time, on the application deadline date. We will 
contact you after we determine whether your application will be 
accepted.

    Note:  The extensions to which we refer in this section apply 
only to the unavailability of, or technical problems with, the 
Grants.gov system. We will not grant you an extension if you failed 
to fully register to submit your application to Grants.gov before 
the application deadline date and time or if the technical problem 
you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the Grants.gov system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Grants.gov system;

and

     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevents you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the application deadline 
date. If you fax your written statement to the Department, we must 
receive the faxed statement no later than two weeks before the 
application deadline date.
    Address and mail or fax your statement to: Maryann McDermott, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 5144, Potomac 
Center Plaza, Washington, DC 20202-5108. FAX: (202) 245-7439.
    Your paper application must be submitted in accordance with the 
mail or hand-delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.325K), LBJ Basement Level 1, 400 Maryland Avenue SW., 
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note:  The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, you should check with 
your local post office.
    We will not consider applications postmarked after the 
application deadline date.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.325DK), 550 12th Street SW., Room 7039, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:  If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by 
the Department--in Item 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this notification within 15 business days from the 
application deadline date, you should call the U.S. Department of 
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 and are listed in the application package.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Additional Review and Selection Process Factors: In the past, 
the Department has had difficulty finding peer reviewers for certain 
competitions because so many individuals who are eligible to serve as 
peer reviewers have conflicts of interest. The standing panel 
requirements under section 682(b) of IDEA also have placed additional 
constraints on the availability of reviewers. Therefore, the Department 
has determined that for some discretionary grant competitions, 
applications may be separated into two or more groups and ranked and 
selected

[[Page 105]]

for funding within specific groups. This procedure will make it easier 
for the Department to find peer reviewers by ensuring that greater 
numbers of individuals who are eligible to serve as reviewers for any 
particular group of applicants will not have conflicts of interest. It 
also will increase the quality, independence, and fairness of the 
review process, while permitting panel members to review applications 
under discretionary grant competitions for which they also have 
submitted applications.
    4. Risk Assessment and Special Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose special conditions and, in 
appropriate circumstances, high risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    5. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$150,000), under 2 CFR 200.205(a)(2), we must make a judgment about 
your integrity, business ethics, and record of performance under 
Federal awards--that is, the risk posed by you as an applicant--before 
we make an award. In doing so, we must consider any information about 
you that is in the integrity and performance system (currently referred 
to as the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through SAM. You may review and comment on any 
information about yourself that a Federal agency previously entered and 
that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: Under GPRA, the Department has established 
a set of performance measures, including long-term measures, that are 
designed to yield information on various aspects of the effectiveness 
and quality of the Personnel Development to Improve Services and 
Results for Children with Disabilities program. These measures include: 
(1) The percentage of preparation programs that incorporate 
scientifically or evidence-based practices into their curricula; (2) 
the percentage of scholars completing preparation programs who are 
knowledgeable and skilled in evidence-based practices for children with 
disabilities; (3) the percentage of scholars who exit preparation 
programs prior to completion due to poor academic performance; (4) the 
percentage of scholars completing preparation programs who are working 
in the area(s) in which they were prepared upon program completion; and 
(5) the Federal cost per scholar who completed the preparation program.
    In addition, the Department will gather information on the 
following outcome measures: (1) The percentage of scholars who 
completed the preparation program and are employed in high-need 
districts; (2) the percentage of scholars who completed the preparation 
program and are employed in the field of special education for at least 
two years; and (3) the percentage of scholars who completed the 
preparation program and who are rated effective by their employers.
    Grantees may be asked to participate in assessing and providing 
information on these aspects of program quality.
    5. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT:  Maryann McDermott, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5144, Potomac Center Plaza, 
Washington, DC 20202-5108. Telephone: (202) 245-7439.
    If you use a TDD or a TTY, call the Federal Relay Service (FRS), 
toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) by contacting 
the Management Support Services Team, U.S. Department of Education, 400 
Maryland Avenue SW., Room 5113, Potomac Center Plaza, Washington, DC 
20202-2500. Telephone: (202) 245-7363. If you use a

[[Page 106]]

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.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 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: December 28, 2016.
Sue Swenson,
Deputy Assistant Secretary, delegated the authority to perform the 
functions and duties of the Assistant Secretary.
[FR Doc. 2016-31838 Filed 12-30-16; 8:45 am]
 BILLING CODE 4000-01-P



                                                                                                              Vol. 82                           Friday,
                                                                                                              No. 96                            May 19, 2017

                                                                                                              Pages 22879–23138


                                                                                                              OFFICE OF THE FEDERAL REGISTER
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                                                         II                                      Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017




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                                                                                                   .
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                                                                                                                                                                                                     III

                                                        Contents                                                                             Federal Register
                                                                                                                                             Vol. 82, No. 96

                                                                                                                                             Friday, May 19, 2017



                                                        Agriculture Department                                                               Comptroller of the Currency
                                                        See Commodity Credit Corporation                                                     NOTICES
                                                        See Food and Nutrition Service                                                       Conversion Applications; Approvals:
                                                        NOTICES                                                                                Heritage Bank of St. Tammany, Covington, LA, 23133
                                                        Agency Information Collection Activities; Proposals,
                                                           Submissions, and Approvals, 22953                                                 Consumer Product Safety Commission
                                                                                                                                             PROPOSED RULES
                                                        Centers for Medicare & Medicaid Services                                             Safety Standards:
                                                        RULES                                                                                  Booster Seats, 22925–22934
                                                        Medicare Program:                                                                    NOTICES
                                                         Advancing Care Coordination Through Episode Payment                                 Meetings; Sunshine Act, 22972
                                                             Models; Cardiac Rehabilitation Incentive Payment
                                                             Model; and Changes to the Comprehensive Care for                                Copyright Office, Library of Congress
                                                             Joint Replacement Model; Delay of Effective Date,                               RULES
                                                             22895–22899                                                                     Authentication of Electronic Signatures on Electronically
                                                        NOTICES                                                                                  Filed Statements of Account, 22884–22886
                                                        Agency Information Collection Activities; Proposals,                                 Disruption of Copyright Office Electronic Systems, 22886–
                                                           Submissions, and Approvals, 23005–23008                                               22888
                                                        Medicare and Medicaid Programs:
                                                         Application from the Joint Commission for Continued                                 Corporation for National and Community Service
                                                             Approval of its Critical Access Hospital                                        NOTICES
                                                             Accreditation Program, 23004–23005                                              Agency Information Collection Activities; Proposals,
                                                                                                                                                Submissions, and Approvals, 22972–22973
                                                        Children and Families Administration                                                 Drug Enforcement Administration
                                                        NOTICES
                                                                                                                                             NOTICES
                                                        Agency Information Collection Activities; Proposals,                                 Bulk Manufacturers of Controlled Substances; Applications:
                                                           Submissions, and Approvals, 23008–23010                                             Chemtos, LLC, 23068–23069
                                                                                                                                               Galephar Pharmaceutical Research, Inc., 23069–23070
                                                        Civil Rights Commission                                                                Johnson Matthey Pharmaceutical Materials, Inc., 23069
                                                        NOTICES                                                                              Importers of Controlled Substances; Applications:
                                                        Meetings:                                                                              Mallinckrodt LLC, 23071–23072
                                                         Minnesota Advisory Committee, 22969                                                   Whatever LLC, 23070
                                                                                                                                             Manufacturers of Controlled Substances; Applications:
                                                        Coast Guard                                                                            American Radiolabeled Chemicals, 23070–23071
                                                        RULES                                                                                  Eli-Elsohly Laboratories, 23067–23068
                                                        Safety Zones:                                                                          Insys Manufacturing, LLC, 23066–23067
                                                          Sabine River, Orange, TX, 22882–22884                                                National Center for Natural Products Research NIDA
                                                          Space Coast Super Boat Grand Prix; Atlantic Ocean,                                        MPROJECT, 23068
                                                               Cocoa Beach, FL, 22880–22882                                                    Patheon Pharmaceuticals, Inc., 23067
                                                        PROPOSED RULES
                                                        Special Local Regulations:                                                           Education Department
                                                          Commencement Bay, Tacoma, WA, 22934–22936                                          NOTICES
                                                                                                                                             Agency Information Collection Activities; Proposals,
                                                        Commerce Department                                                                     Submissions, and Approvals:
                                                        See International Trade Administration                                                Application for Grants under the Predominantly Black
                                                                                                                                                   Institutions Formula Grant Program, 22985
                                                        Committee for Purchase From People Who Are Blind or                                   Application Forms and Instructions for the National
                                                           Severely Disabled                                                                       Resource Centers Program and the Foreign Language
                                                        NOTICES                                                                                    and Area Studies Fellowship Program, 22973–22974
                                                        Procurement List; Additions and Deletions, 22971–22972                                Financial Status and Program Performance Final Report
                                                                                                                                                   for State and Partnership for the Gaining Early
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                                                        Commodity Credit Corporation                                                               Awareness and Readiness for Undergraduate
                                                        NOTICES                                                                                    Programs, 22974–22975
                                                        Funding Availability:                                                                 Veterans Upward Bound Program Annual Performance
                                                          Emerging Markets Program, 22959–22962                                                    Report, 22984–22985
                                                          Foreign Market Development Cooperator Program, 22962–                              Applications for New Awards:
                                                              22964                                                                           Technical Assistance and Dissemination to Improve
                                                          Market Access Program, 22964–22966                                                       Services and Results for Children with Disabilities—
                                                          Quality Samples Program, 22953–22956                                                     Model Demonstration Projects to Improve Algebraic
                                                          Technical Assistance for Specialty Crops Program,                                        Reasoning for Students with Disabilities in Middle
                                                              22956–22959                                                                          and High School, 22975–22984


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                                                        IV                              Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Contents


                                                           Technical Assistance and Dissemination to Improve                                 Federal Election Commission
                                                               Services and Results for Children with Disabilities—                          NOTICES
                                                               National Center to Enhance Educational Systems to                             Meetings; Sunshine Act, 23003
                                                               Promote the Use of Practices Supported by Evidence,
                                                               22985–22994                                                                   Federal Emergency Management Agency
                                                                                                                                             RULES
                                                        Energy Department                                                                    Suspensions of Community Eligibility, 22899–22901
                                                        See Federal Energy Regulatory Commission                                             NOTICES
                                                                                                                                             Agency Information Collection Activities; Proposals,
                                                        Environmental Protection Agency                                                          Submissions, and Approvals:
                                                        RULES                                                                                  Community Preparedness and Participation Survey,
                                                        Air Quality State Implementation Plans; Approvals and                                      23023–23024
                                                            Promulgations:                                                                   Flood Hazard Determinations, 23024–23026, 23032–23034,
                                                          Air Quality Designations for the 2012 Primary Annual                                   23045–23047, 23050–23051, 23055–23057
                                                              Fine Particle National Ambient Air Quality Standard                            Flood Hazard Determinations; Changes, 23028–23031,
                                                              for Areas in Tennessee, 22888–22893                                                23038–23045, 23048–23055
                                                        PROPOSED RULES                                                                       Flood Hazard Determinations; Proposals, 23018–23023,
                                                        Air Quality State Implementation Plans; Approvals and                                    23026, 23031–23032, 23034–23038, 23047–23048
                                                            Promulgations:                                                                   Major Disasters and Related Determinations:
                                                          Louisiana; Regional Haze State Implementation Plan,                                  Resighini Rancheria, 23032
                                                               22936–22949
                                                        State of North Dakota Underground Injection Control                                  Federal Energy Regulatory Commission
                                                            Program; Class VI Primacy Approval, 22949–22952                                  NOTICES
                                                        NOTICES                                                                              Annual Change in the Producer Price Index for Finished
                                                        Environmental Impact Statements; Availability, 22997                                     Goods, 22995
                                                                                                                                             Combined Filings, 22994, 22996–22997
                                                        Federal Aviation Administration                                                      Environmental Assessments; Availability, etc.:
                                                        PROPOSED RULES                                                                         Eastern Shore Natural Gas Co. 2017 Expansion Project,
                                                        Airworthiness Directives:                                                                  22995–22996
                                                          Airbus Airplanes, 22904–22913, 22918–22922                                         Environmental Impact Statements; Availability, etc.:
                                                          Bombardier, Inc., Airplanes, 22913–22915                                             Atlantic Coast Pipeline, LLC; Dominion Transmission,
                                                          The Boeing Company Airplanes, 22915–22918                                                Inc.; Atlantic Coast Pipeline and Supply Header
                                                        Amendment of Class D and E Airspace:                                                       Project, 22996
                                                          Kenosha, WI, 22922–22924
                                                        Amendment of Class E Airspace:                                                       Federal Highway Administration
                                                          Wayne, NE, 22924–22925                                                             RULES
                                                        NOTICES                                                                              National Performance Management Measures:
                                                        Airport Property Disposals:                                                           Assessing Performance of the National Highway System,
                                                          Acres of Airport Land at Laconia Municipal Airport,                                      Freight Movement on the Interstate System, and
                                                              Gilford, NH, 23127                                                                   Congestion Mitigation and Air Quality Improvement
                                                        Airport Property Releases:                                                                 Program, 22879–22880
                                                          Abilene Regional Airport, Abilene, TX, 23127–23128
                                                        Meetings:                                                                            Federal Railroad Administration
                                                          Research, Engineering and Development Advisory                                     NOTICES
                                                              Committee, 23126–23127                                                         Applications for Approval of Discontinuance or
                                                                                                                                                Modification of a Railroad Signal System, 23128–23129
                                                        Federal Bureau of Investigation                                                      Applications:
                                                        NOTICES                                                                               Railroad Signal Systems; Discontinuances or
                                                        Charter Reestablishments:                                                                  Modifications, 23128
                                                          Criminal Justice Information Services Advisory Policy
                                                              Board, 23072                                                                   Federal Transit Administration
                                                                                                                                             NOTICES
                                                        Federal Communications Commission                                                    Agency Information Collection Activities; Proposals,
                                                        RULES                                                                                   Submissions, and Approvals, 23129–23131
                                                        Connect America Fund:
                                                          ETC Annual Reports and Certifications, Developing a                                Food and Nutrition Service
                                                             Unified Intercarrier Compensation Regime, 22901–                                NOTICES
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                                                             22903                                                                           Agency Information Collection Activities; Proposals,
                                                        NOTICES                                                                                 Submissions, and Approvals:
                                                        Agency Information Collection Activities; Proposals,                                  Study of Third Party Processor Services, Fees, and
                                                           Submissions, and Approvals, 22997–23000, 23002                                         Business Practices, 22966–22969
                                                        Meetings:, 23000–23001
                                                                                                                                             General Services Administration
                                                        Federal Deposit Insurance Corporation                                                NOTICES
                                                        NOTICES                                                                              Agency Information Collection Activities; Proposals,
                                                        Updated Listing of Financial Institutions in Liquidation,                               Submissions, and Approvals:
                                                           23002–23003                                                                        Ombudsman Inquiry/Request Instrument, 23003


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                                                                                        Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Contents                                           V


                                                        Health and Human Services Department                                                   Number of Full-time Law Enforcement Employees as of
                                                        See Centers for Medicare & Medicaid Services                                               October 31, 23074
                                                        See Children and Families Administration                                             Proposed Consent Decree under the Clean Air Act, 23073–
                                                        See National Institutes of Health                                                        23074
                                                        RULES
                                                        340B Drug Pricing Program Ceiling Price and Manufacturer
                                                                                                                                             Labor Department
                                                           Civil Monetary Penalties Regulation, 22893–22895
                                                                                                                                             NOTICES
                                                        Homeland Security Department                                                         Agency Information Collection Activities; Proposals,
                                                        See Coast Guard                                                                         Submissions, and Approvals:
                                                        See Federal Emergency Management Agency                                               State Exchange on Employment and Disability Initiative
                                                        See U.S. Customs and Border Protection                                                    Evaluation, 23074–23075

                                                        Housing and Urban Development Department                                             Library of Congress
                                                        NOTICES                                                                              See Copyright Office, Library of Congress
                                                        Agency Information Collection Activities; Proposals,
                                                           Submissions, and Approvals:
                                                                                                                                             Maritime Administration
                                                         Certificate of Housing Counseling—Homeownership;
                                                                                                                                             NOTICES
                                                             Certificate of Housing Counseling—Home Retention,
                                                                                                                                             Agency Information Collection Activities; Proposals,
                                                             23062–23063
                                                                                                                                                 Submissions, and Approvals:
                                                         Comprehensive Listing of Transactional Documents for
                                                                                                                                               Generic Clearance for the Collection of Qualitative
                                                             Mortgagors, Mortgagees and Contractors, 23058–
                                                                                                                                                   Feedback on Agency Service Delivery, 23132
                                                             23060
                                                                                                                                             Requests for Administrative Waivers of the Coastwise Trade
                                                         HUD-Owned Real Estate-Good Neighbor Next Door
                                                                                                                                                 Laws:
                                                             Program, 23058
                                                                                                                                               Vessel SEAS LIFE, 23132–23133
                                                         Mortgagee’s Application for Partial Settlement, 23062
                                                         Record of Employee Interview, 23060–23061                                             Vessel TEMPLAR, 23131–23132
                                                         Technical Suitability of Products Program Section 521 of
                                                             the National Housing Act, 23061–23062                                           National Institutes of Health
                                                                                                                                             NOTICES
                                                        Internal Revenue Service                                                             Agency Information Collection Activities; Proposals,
                                                        NOTICES                                                                                  Submissions, and Approvals
                                                        Agency Information Collection Activities; Proposals,                                   Application Process for Clinical Research Training and
                                                           Submissions, and Approvals, 23133–23134                                                 Medical Education at the NIH Clinical Center and its
                                                        Meetings:                                                                                  Impact on Course and Training Program Enrollment
                                                         Taxpayer Advocacy Panel, 23133                                                            and Effectiveness, 23010–23011
                                                                                                                                             Government-Owned Inventions; Availability for Licensing,
                                                        International Trade Administration                                                       23014–23015
                                                        NOTICES                                                                              Meetings:
                                                        Antidumping or Countervailing Duty Investigations, Orders,                             National Institute on Alcohol Abuse and Alcoholism,
                                                            or Reviews:                                                                            23013
                                                         Welded ASTM A–312 Stainless Steel Pipe from the                                     Proposed Exclusive Licenses:
                                                              Republic of Korea, 22970–22971                                                   Chimeric L1/L2 Protein and Virus-Like Particles Based
                                                        Meetings:                                                                                  Human Papillomavirus Vaccines, 23012–23013
                                                         United States Travel and Tourism Advisory Board,                                      Development of Monospecific and Bispecific Antibodies
                                                              22969–22970                                                                          to GPC3 for the Treatment of Human Liver Cancers,
                                                                                                                                                   23013–23014
                                                        International Trade Commission
                                                                                                                                             Proposed Exclusive Patent Licenses:
                                                        NOTICES
                                                                                                                                               Manufacturing and Testing of PVSRIPO in the Treatment
                                                        Investigations; Determinations, Modifications, and Rulings,
                                                                                                                                                   of Solid, Non-lymphoid Tumors expressing
                                                            etc.:
                                                                                                                                                   Poliovirus Receptor CD155, 23014
                                                          Carton Closing Staples from China, 23064
                                                          Certain Automated Teller Machines, ATM Modules,
                                                               Components Thereof, and Products Containing the                               National Transportation Safety Board
                                                               Same, 23064–23066                                                             NOTICES
                                                          Furfuryl Alcohol from China, 23063–23064                                           Privacy Act; Systems of Records, 23075–23077

                                                        Judicial Conference of the United States                                             Postal Regulatory Commission
                                                        NOTICES
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                                                                                                                                             NOTICES
                                                        Meetings:                                                                            New Postal Products, 23077–23078
                                                         Committee on Rules of Practice and Procedure, 23066

                                                        Justice Department                                                                   Postal Service
                                                        See Drug Enforcement Administration                                                  NOTICES
                                                        See Federal Bureau of Investigation                                                  Product Changes:
                                                        NOTICES                                                                                Priority Mail Express, Priority Mail, and First-Class
                                                        Agency Information Collection Activities; Proposals,                                       Package Service Negotiated Service Agreement,
                                                           Submissions, and Approvals:                                                             23078
                                                         National Incident-Based Reporting System, 23072–23073                                 Priority Mail Negotiated Service Agreement, 23078


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                                                        VI                              Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Contents


                                                        Saint Lawrence Seaway Development Corporation                                        See   Federal Highway Administration
                                                        NOTICES                                                                              See   Federal Railroad Administration
                                                        Meetings:                                                                            See   Federal Transit Administration
                                                         Advisory Board, 23133                                                               See   Maritime Administration
                                                                                                                                             See   Saint Lawrence Seaway Development Corporation
                                                        Securities and Exchange Commission
                                                        NOTICES                                                                              Treasury Department
                                                        Self-Regulatory Organizations; Proposed Rule Changes:                                See Comptroller of the Currency
                                                          Chicago Board Options Exchange, Inc., 23118–23121                                  See Internal Revenue Service
                                                          Chicago Stock Exchange, Inc., 23078–23080                                          NOTICES
                                                          ICE Clear Europe Ltd., 23080–23083                                                 Survey of Foreign Ownership of U.S. Securities as of June
                                                          Miami International Securities Exchange, LLC, 23100–                                   30, 2017, 23134–23135
                                                              23118
                                                          MIAX PEARL, LLC, 23083–23100                                                       U.S. Customs and Border Protection
                                                          New York Stock Exchange LLC, 23123–23125                                           NOTICES
                                                          Options Clearing Corp., 23121–23123                                                Country of Origin Determinations:
                                                                                                                                               Certain Visitor Management System, 23015–23018
                                                        Small Business Administration
                                                        NOTICES                                                                              Veterans Affairs Department
                                                        Disaster Declarations:                                                               NOTICES
                                                          Nevada; Amendment 1, 23125                                                         Agency Information Collection Activities; Proposals,
                                                                                                                                                 Submissions, and Approvals:
                                                        State Department                                                                       VA National Veterans Sports Programs and Special Event
                                                        NOTICES                                                                                    Surveys Data Collection, 23135
                                                        Agency Information Collection Activities; Proposals,                                 Environmental Impact Statements; Availability, etc.:
                                                            Submissions, and Approvals:                                                        Greater Los Angeles Healthcare System, West Los
                                                          NEA/AC Performance Reporting System, 23125–23126                                         Angeles Medical Center Campus, Proposed Master
                                                        Calls for Expert Reviewers:                                                                Plan for Improvements and Reconfiguration, 23135–
                                                          Intergovernmental Platform on Biodiversity and                                           23137
                                                               Ecosystem Services, 23126
                                                        Culturally Significant Objects Imported for Exhibition:
                                                          Tarsila do Amaral—Inventing Modernism in Brazil
                                                                                                                                             Reader Aids
                                                               Exhibition, 23126
                                                                                                                                             Consult the Reader Aids section at the end of this issue for
                                                        State Justice Institute                                                              phone numbers, online resources, finding aids, and notice
                                                        NOTICES
                                                                                                                                             of recently enacted public laws.
                                                        Meetings:                                                                            To subscribe to the Federal Register Table of Contents
                                                         Board of Directors, 23126                                                           electronic mailing list, go to https://public.govdelivery.com/
                                                                                                                                             accounts/USGPOOFR/subscriber/new, enter your e-mail
                                                        Transportation Department                                                            address, then follow the instructions to join, leave, or
                                                        See Federal Aviation Administration                                                  manage your subscription.
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                                                                                                Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Contents                              VII

                                                         CFR PARTS AFFECTED IN THIS ISSUE

                                                         A cumulative list of the parts affected this month can be found in the
                                                         Reader Aids section at the end of this issue.

                                                         14 CFR
                                                         Proposed Rules:
                                                         39 (6 documents) ...........22904,
                                                           22907, 22910, 22913, 22915,
                                                                                     22918
                                                         71 (2 documents) ...........22922,
                                                                                     22924
                                                         16 CFR
                                                         Proposed Rules:
                                                         1112.................................22925
                                                         1237.................................22925
                                                         23 CFR
                                                         490...................................22879
                                                         33 CFR
                                                         165 (2 documents) .........22880,
                                                                                               22882
                                                         Proposed Rules:
                                                         100...................................22934
                                                         37 CFR
                                                         201 (2 documents) .........22884,
                                                                                                22886
                                                         40 CFR
                                                         81.....................................22888
                                                         Proposed Rules:
                                                         52.....................................22936
                                                         147...................................22949
                                                         42 CFR
                                                         10.....................................22893
                                                         510...................................22895
                                                         512...................................22895
                                                         44 CFR
                                                         64.....................................22899
                                                         47 CFR
                                                         54.....................................22901
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                                                                                                                                                                                             22879

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 82, No. 96

                                                                                                                                                           Friday, May 19, 2017



                                             This section of the FEDERAL REGISTER                    FOR FURTHER INFORMATION CONTACT:                      measure on the percent change in CO2
                                             contains regulatory documents having general            Christopher Richardson, Assistant Chief               emissions from the reference year 2017,
                                             applicability and legal effect, most of which           Counsel for Legislation, Regulations,                 generated by on-road mobile sources on
                                             are keyed to and codified in the Code of                and General Law, Office of Chief                      the National Highway System (the GHG
                                             Federal Regulations, which is published under           Counsel, Federal Highway                              measure) would benefit from further
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     Administration, 1200 New Jersey                       notice and comment procedures under
                                             The Code of Federal Regulations is sold by              Avenue SE., Washington, DC 20590.                     the Administrative Procedure Act
                                             the Superintendent of Documents.                        Telephone: (202) 366–0761. Office                     (APA). As such, this document delays
                                                                                                     hours are from 8:00 a.m. to 4:30 p.m.                 the effective date for these provisions
                                                                                                     e.t., Monday through Friday, except                   and announces that FHWA will be
                                             DEPARTMENT OF TRANSPORTATION                            Federal holidays.                                     publishing an NPRM in the Federal
                                                                                                     SUPPLEMENTARY INFORMATION:                            Register in the coming weeks pertaining
                                             Federal Highway Administration                                                                                to the GHG measure. The effective date
                                                                                                     Electronic Access and Filing                          is delayed until such rulemaking on the
                                             23 CFR Part 490                                                                                               GHG measure is completed.
                                                                                                        A copy of the Notice of Proposed
                                             [Docket No. FHWA–2013–0054]                             Rulemaking (NPRM), all comments                          Specifically, FHWA is delaying the
                                                                                                     received, the Final Rule, and all                     effective date indefinitely for the
                                             RIN 2125–AF54
                                                                                                     background material may be viewed                     following sections of the Final Rule:
                                             National Performance Management                         online at http://www.regulations.gov                  1. 23 CFR 490.105(c)(5)
                                             Measures; Assessing Performance of                      using the docket numbers listed above.                2. 23 CFR 490.105(d)(1)(v)
                                             the National Highway System, Freight                    A copy of this document will be placed                3. 23 CFR 490.107(b)(1)(ii)(H)
                                             Movement on the Interstate System,                      on the docket. Electronic retrieval help              4. 23 CFR 490.107(b)(2)(ii)(J)
                                             and Congestion Mitigation and Air                       and guidelines are available on the Web               5. 23 CFR 490.107(b)(3)(ii)(I)
                                             Quality Improvement Program                             site. It is available 24 hours each day,              6. 23 CFR 490.107(c)(4)
                                                                                                     365 days each year. An electronic copy                7. 23 CFR 490.109(d)(1)(v)
                                             AGENCY:   Federal Highway                               of this document may also be                          8. 23 CFR 490.109(f)(1)(v)
                                             Administration (FHWA), Department of                    downloaded from the Office of the                     9. 23 CFR 490.503(a)(2)
                                             Transportation (DOT).                                   Federal Register’s Web site at http://                10. 23 CFR 490.505 (Definition of
                                             ACTION: Final regulation; delay of                      www.ofr.gov and the Government                             Greenhouse gas (GHG))
                                             effective date.                                         Publishing Office’s Web site at http://               11. 23 CFR 490.507(b)
                                                                                                     www.gpo.gov.                                          12. 23 CFR 490.509(f)
                                             SUMMARY:   This document announces the                                                                        13. 23 CFR 490.509(g)
                                             indefinite delay of specific portions of                Background
                                                                                                                                                           14. 23 CFR 490.509(h)
                                             the National Performance Management                        On January 20, 2017, the Assistant to              15. 23 CFR 490.511(a)(2)
                                             measures; Assessing Performance of the                  the President and Chief of Staff issued               16. 23 CFR 490.511(c)
                                             National Highway System, Freight                        a memorandum entitled, ‘‘Regulatory                   17. 23 CFR 490.511(d)
                                             Movement on the Interstate System, and                  Freeze Pending Review.’’ This                         18. 23 CFR 490.511(f)
                                             Congestion Mitigation and Air Quality                   memorandum directed heads of                          19. 23 CFR 490.513(d).
                                             Improvement Program Final Rule                          executive departments and agencies to
                                             (PM#3) (RIN 2125–AF54) and                              take certain steps to ensure that the                 Waiver of Rulemaking and Delayed
                                             announces the initiation of additional                  President’s appointees and designees                  Effective Date
                                             regulatory proceedings for those                        have the opportunity to review new and                   Under section 5 U.S.C. 553(b) of the
                                             portions.                                               pending regulations. It instructed                    APA, FHWA generally offers interested
                                             DATES:   Effective May 19, 2017, the                    agencies to temporarily postpone the                  parties the opportunity to comment on
                                             effective date of the amendments to 49                  effective dates of regulations that had               proposed regulations. Under section
                                             CFR 490.105(c)(5) and (d)(1)(v),                        been published in the Federal Register                553(d) of the APA, FHWA ordinarily
                                             490.107(b)(1)(ii)(H), (b)(2)(ii)(J),                    but were not yet effective until 60 days              publishes rules not less than 30 days
                                             (b)(3)(ii)(I), and (c)(4), 490.109(d)(1)(v)             after the date of the memorandum                      before their effective dates. However,
                                             and (f)(1)(v), 490.503(a)(2), 490.505                   (January 20, 2017). In accordance with                the APA provides that an agency is not
                                             (Definition of Greenhouse gas (GHG)),                   that directive, FHWA announced on                     required to conduct notice-and-
                                             490.507(b), 490.509(f), (g) and (h),                    February 13, 2017, at 82 FR 10441 that                comment rulemaking or provide a delay
                                             490.511(a)(2), (c), (d), and (f), and                   it would delay the effective date of the              in effective date for the provisions of a
                                             490.513(d) published on January 18,                     PM#3 Final Rule to March 21, 2017. On                 rule when the agency, for good cause,
                                             2017, at 82 FR 5970 is delayed                          March 21, 2017, at 82 FR 14438, FHWA                  finds that the requirement is
                                             indefinitely. FHWA will publish a                       further delayed the effective date to May             impracticable, unnecessary, or contrary
                                             document in the Federal Register                        20, 2017.                                             to the public interest (5 U.S.C. 553(b)(B)
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                                             announcing the new effective date. The                     This document confirms that the                    and (d)(3)).
                                             remainder of the provisions of the Final                majority of the PM#3 Final Rule will                     Good cause exists to suspend the
                                             Rule published on January 18, 2017, at                  become effective on May 20, 2017. After               effective date of the GHG measure
                                             82 FR 5970, and not otherwise specified                 further consideration, FHWA has also                  without notice and comment. Given the
                                             in this document, will take effect on                   determined that the portions of the                   imminence of the effective date of the
                                             May 20, 2017.                                           PM#3 Final Rule pertaining to the                     PM#3 Final Rule, seeking prior public


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                                             22880                 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations

                                             comment on this delay of the GHG                        available in the docket, go to http://                navigable waters of the Atlantic Ocean
                                             measure would be impractical, as well                   www.regulations.gov, type USCG–2017–                  in the vicinity of Cocoa Beach, Florida
                                             as contrary to the public interest in the               0131 in the ‘‘SEARCH’’ box and click                  during the Space Coast Super Boat
                                             orderly promulgation and                                ‘‘SEARCH.’’ Click on Open Docket                      Grand Prix race event.
                                             implementation of regulations. The                      Folder on the line associated with this               IV. Discussion of the Rule
                                             President’s appointees and designees                    rule.
                                             need to further delay the effective date                FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              This rule establishes a safety zone on
                                             of the sections of the PM#3 Final Rule                  you have questions about this rule, call              certain navigable waters of the Atlantic
                                             pertaining to the GHG measure to have                   or email Lieutenant Allan Storm, Sector               Ocean in the vicinity of Cocoa Beach,
                                             adequate time to review them, and                       Jacksonville, Waterways Management                    Florida during the Space Coast Super
                                             neither the notice and comment process                  Division, U.S. Coast Guard; telephone                 Boat Grand Prix race event. The safety
                                             nor a 30 day delay in effective date                    (904) 714–7616, email Allan.H.Storm@                  zone will cover an offshore area
                                             could be implemented in time to allow                   uscg.mil.                                             approximately two and a half nautical
                                             for this review. Additionally, the public                                                                     miles long by one-half nautical mile
                                                                                                     SUPPLEMENTARY INFORMATION:                            wide. The races are scheduled to take
                                             will have the opportunity to provide
                                             additional comments on the GHG                          I. Table of Abbreviations                             place from 10 a.m. to 5 p.m. on May 21,
                                             measure in the near future.                                                                                   2017. Approximately 30 high-speed race
                                                                                                     COTP Captain of the Port                              boats are anticipated to participate in
                                             List of Subjects in 23 CFR Part 490                     CFR Code of Federal Regulations                       the races. No person or non-participant
                                                                                                     DHS Department of Homeland Security
                                               Bridges, Highway safety, Highways                     E.O. Executive order
                                                                                                                                                           vessel will be permitted to enter, transit
                                             and roads, Incorporation by reference,                  FR Federal Register                                   through, anchor in, or remain within the
                                             Reporting and recordkeeping                             NPRM Notice of proposed rulemaking                    safety zone without obtaining
                                             requirements.                                           Pub. L. Public Law                                    permission from the Captain of the Port
                                                                                                     § Section                                             Jacksonville or a designated
                                               Issued on: May 15, 2017.                              U.S.C. United States Code                             representative. If authorization to enter,
                                             Walter C. Waidelich, Jr.,                                                                                     transit through, anchor in, or remain
                                             Acting Deputy Administrator, Federal                    II. Background Information and
                                                                                                                                                           within the safety zone is granted by the
                                             Highway Administration.                                 Regulatory History
                                                                                                                                                           Captain of the Port Jacksonville or a
                                             [FR Doc. 2017–10092 Filed 5–18–17; 8:45 am]                The Coast Guard is issuing this                    designated representative, all persons
                                             BILLING CODE 4910–22–P                                  temporary rule without prior notice and               and vessels receiving such authorization
                                                                                                     opportunity to comment pursuant to                    must comply with the instructions of
                                                                                                     authority under section 4(a) of the                   the Captain of the Port Jacksonville or
                                             DEPARTMENT OF HOMELAND                                  Administrative Procedure Act (APA) (5                 a designated representative. The Coast
                                             SECURITY                                                U.S.C. 553(b)). This provision                        Guard will provide notice of the safety
                                                                                                     authorizes an agency to issue a rule                  zone by Local Notice to Mariners,
                                             Coast Guard                                             without prior notice and opportunity to               Broadcast Notice to Mariners, and/or by
                                                                                                     comment when the agency for good                      on-scene designated representatives.
                                             33 CFR Part 165                                         cause finds that those procedures are
                                                                                                     ‘‘impracticable, unnecessary, or contrary             V. Regulatory Analyses
                                             [Docket Number USCG–2017–0131]
                                                                                                     to the public interest.’’ Under 5 U.S.C.                We developed this rule after
                                             RIN 1625–AA08                                           553(b)(B), the Coast Guard finds that                 considering numerous statutes and
                                                                                                     good cause exists for not publishing a                Executive Orders related to rulemaking.
                                             Safety Zone; Space Coast Super Boat                     notice of proposed rulemaking (NPRM)                  Below we summarize our analyses
                                             Grand Prix; Atlantic Ocean, Cocoa                       with respect to this rule because                     based on a number of these statutes and
                                             Beach, FL                                               insufficient time remains to publish an               Executive orders, and we discuss First
                                             AGENCY:    Coast Guard, DHS.                            NPRM and to receive public comments,                  Amendment rights of protestors.
                                                                                                     as the Space Coast Super Boat Grand
                                             ACTION:   Temporary final rule.                                                                               A. Regulatory Planning and Review
                                                                                                     Prix event will occur before the
                                             SUMMARY:    The Coast Guard is                          rulemaking process would be                              E.O.s 12866 (‘‘Regulatory Planning
                                             establishing a temporary safety zone on                 completed. Because of the dangers                     and Review’’) and 13563 (‘‘Improving
                                             the waters of the Atlantic Ocean                        associated with high speed boat races,                Regulation and Regulatory Review’’)
                                             offshore from Cocoa Beach, FL during                    the safety zone is necessary to provide               direct agencies to assess the costs and
                                             the Space Coast Super Boat Grand Prix,                  for the safety of event participants,                 benefits of available regulatory
                                             a series of high-speed boat races. The                  spectators, and vessels transiting the                alternatives and, if regulation is
                                             safety zone is necessary to ensure the                  event area. For those reasons, it would               necessary, to select regulatory
                                             safety of participant vessels, spectators,              be impracticable and contrary to the                  approaches that maximize net benefits
                                             and the general public during the event.                public interest to publish an NPRM.                   (including potential economic,
                                             This regulation prohibits persons and                      Under 5 U.S.C. 553(d)(3), the Coast                environmental, public health and safety
                                             non-participant vessels from entering,                  Guard finds that good cause exists for                effects, distributive impacts, and equity.
                                             transiting through, anchoring in, or                    making this temporary rule effective less             E.O. 13563 emphasizes the importance
                                             remaining within the safety zone unless                 than 30 days after publication in the                 of quantifying both costs and benefits,
                                             authorized by the Captain of the Port                   Federal Register.                                     reducing costs, harmonizing rules, and
                                                                                                                                                           promoting flexibility. Executive Order
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                                             (COTP) Jacksonville or a designated                     III. Legal Authority and Need for Rule
                                             representative.                                                                                               13771 (‘‘Reducing Regulation and
                                                                                                        The Coast Guard is issuing this rule               Controlling Regulatory Costs’’), directs
                                             DATES: This rule is effective from 10                   under the authority in 33 U.S.C. 1231.                agencies to reduce regulation and
                                             a.m. until 5 p.m. on May 21, 2017.                      The purpose of the rule is to ensure the              control regulatory costs and provides
                                             ADDRESSES: To view documents                            safety of the event participants, the                 that ‘‘for every one new regulation
                                             mentioned in this preamble as being                     general public, vessels and the                       issued, at least two prior regulations be


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                                                                   Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations                                          22881

                                             identified for elimination, and that the                would affect your small business,                     that may result in the expenditure by a
                                             cost of planned regulations be prudently                organization, or governmental                         State, local, or tribal government, in the
                                             managed and controlled through a                        jurisdiction and you have questions                   aggregate, or by the private sector of
                                             budgeting process.’’                                    concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                                The Office of Management and Budget                  compliance, please contact the person                 more in any one year. Though this rule
                                             (OMB) has not designated this rule a                    listed in the FOR FURTHER INFORMATION                 will not result in such expenditure, we
                                             significant regulatory action under                     CONTACT section.                                      do discuss the effects of this rule
                                             section 3(f) of Executive Order 12866.                     Small businesses may send comments                 elsewhere in this preamble.
                                             Accordingly, OMB has not reviewed it.                   on the actions of Federal employees
                                             As this rule is not a significant                       who enforce, or otherwise determine                   F. Environment
                                             regulatory action, this rule is exempt                  compliance with, Federal regulations to                 We have analyzed this rule under
                                             from the requirements of Executive                      the Small Business and Agriculture                    Department of Homeland Security
                                             Order 13771. See OMB’s Memorandum                       Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                             titled ‘‘Interim Guidance Implementing                  and the Regional Small Business                       Commandant Instruction M16475.lD,
                                             Section 2 of the Executive Order of                     Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                             January 30, 2017 titled ‘‘Reducing                      Ombudsman evaluates these actions                     complying with the National
                                             Regulation and Controlling Regulatory                   annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                             Costs’ ’’ (February 2, 2017).                           responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                                The economic impact of this rule is                  wish to comment on actions by                         determined that this action is one of a
                                             not significant for the following reasons:              employees of the Coast Guard, call 1–                 category of actions that do not
                                             (1) The safety zone will be enforced for                888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                             only 7 hours; (2) although persons and                  Coast Guard will not retaliate against                significant effect on the human
                                             vessels may not enter, transit through,                 small entities that question or complain              environment. This rule involves a safety
                                             anchor in, or remain within the safety                  about this rule or any policy or action               zone that will prohibit persons and
                                             zone without authorization from the                     of the Coast Guard.                                   vessels from entering, transiting
                                             Captain of the Port Jacksonville or a
                                                                                                     C. Collection of Information                          through, anchoring in, or remaining
                                             designated representative, they may
                                                                                                                                                           within a limited area on the waters of
                                             operate in the surrounding area during                    This rule will not call for a new                   the Atlantic Ocean in the vicinity of
                                             the enforcement period; (3) persons and                 collection of information under the                   Cocoa Beach, Florida during a one-day
                                             vessels will still be able to enter, transit            Paperwork Reduction Act of 1995 (44                   racing event lasting seven hours. This
                                             through, anchor in, or remain within the                U.S.C. 3501–3520).                                    rule is categorically excluded from
                                             regulated area if authorized by the
                                                                                                     D. Federalism and Indian Tribal                       further review under paragraph 34(g) of
                                             Captain of the Port Jacksonville or a
                                                                                                     Governments                                           Figure 2–1 of the Commandant
                                             designated representative; and (4) the
                                                                                                        A rule has implications for federalism             Instruction. A Record of Environmental
                                             Coast Guard will provide advance
                                                                                                     under Executive Order 13132,                          Consideration (REC) supporting this
                                             notification of the safety zone to the
                                                                                                     Federalism, if it has a substantial direct            determination and a Categorical
                                             local maritime community by Local
                                                                                                     effect on the States, on the relationship             Exclusion Determination are available
                                             Notice to Mariners, Broadcast Notice to
                                                                                                     between the national government and                   in the docket where indicated under
                                             Mariners, and/or by on-scene designated
                                                                                                                                                           ADDRESSES. We seek any comments or
                                             representatives.                                        the States, or on the distribution of
                                                                                                     power and responsibilities among the                  information that may lead to the
                                             B. Impact on Small Entities                             various levels of government. We have                 discovery of a significant environmental
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               impact from this rule.
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 G. Protest Activities
                                             requires Federal agencies to consider                   with the fundamental federalism
                                             the potential impact of regulations on                  principles and preemption requirements                  The Coast Guard respects the First
                                             ‘‘small entities’’ comprised of small                   described in Executive Order 13132.                   Amendment rights of protesters.
                                             businesses and not-for-profit                              Also, this rule does not have tribal               Protesters are asked to contact the
                                             organizations that are independently                    implications under Executive Order                    person listed in the FOR FURTHER
                                             owned and operated and are not                          13175, Consultation and Coordination                  INFORMATION CONTACT section to
                                             dominant in their fields, and                           with Indian Tribal Governments,                       coordinate protest activities so that your
                                             governmental jurisdictions with                         because it does not have a substantial                message can be received without
                                             populations of less than 50,000. The                    direct effect on one or more Indian                   jeopardizing the safety or security of
                                             Coast Guard certifies under 5 U.S.C.                    tribes, on the relationship between the               people, places or vessels.
                                             605(b) that this rule would not have a                  Federal Government and Indian tribes,                 List of Subjects in 33 CFR Part 165
                                             significant economic impact on a                        or on the distribution of power and
                                             substantial number of small entities.                   responsibilities between the Federal                    Harbors, Marine safety, Navigation
                                                While some owners or operators of                    Government and Indian tribes. If you                  (water), Reporting and recordkeeping
                                             vessels intending to transit the safety                 believe this rule has implications for                requirements, Security measures,
                                             zone may be small entities, for the                     federalism or Indian tribes, please                   Waterways.
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                    For the reasons discussed in the
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section.                  preamble, the Coast Guard amends 33
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                                             economic impact on any vessel owner                                                                           CFR part 165 as follows:
                                             or operator.                                            E. Unfunded Mandates Reform Act
                                                Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    PART 165—REGULATED NAVIGATION
                                             Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 AREAS AND LIMITED ACCESS AREAS
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of
                                             we want to assist small entities in                     their discretionary regulatory actions. In            ■ 1. The authority citation for part 165
                                             understanding this rule. If the rule                    particular, the Act addresses actions                 continues to read as follows:


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                                             22882                 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations

                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191,             DEPARTMENT OF HOMELAND                                ‘‘impracticable, unnecessary, or contrary
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and               SECURITY                                              to the public interest.’’ Under 5 U.S.C.
                                             Department of Homeland Security Delegation                                                                    553(b)(B), the Coast Guard finds that
                                             No. 0170.                                               Coast Guard                                           good cause exists for not publishing a
                                             ■ 2. Add a temporary § 165.T07–0131 to                                                                        notice of proposed rulemaking (NPRM)
                                             read as follows:                                        33 CFR Part 165                                       with respect to this rule. The Coast
                                                                                                     [Docket Number USCG 2017–0294]
                                                                                                                                                           Guard received notice on March 22,
                                             § 165.T07–0131 Safety Zone; Space Coast                                                                       2017 that this boat racing event is
                                             Super Boat Grand Prix; Atlantic Ocean,                  RIN 1625–AA00                                         scheduled to take place from May 20 to
                                             Cocoa Beach, FL.
                                                                                                                                                           21, 2017. Upon full review of the event
                                                (a) Location. The following regulated                Safety Zone; Sabine River, Orange,                    details, the Coast Guard determined that
                                             area is a safety zone located offshore                  Texas                                                 additional safety measures were
                                             from Cocoa Beach, FL: All waters of the                                                                       necessary due to potential navigational
                                             Atlantic Ocean encompassed within the                   AGENCY:    Coast Guard, DHS.
                                                                                                                                                           hazards present during the high speed
                                             following points: Starting at Point 1 in                ACTION:   Temporary final rule.                       boat race. The safety zone needs to be
                                             position 28°22′16″ N., 080°36′04″ W.;                                                                         established by May 20, 2017. As such,
                                             thence east to Point 2 in position                      SUMMARY:   The Coast Guard is
                                                                                                     establishing a temporary safety zone for              it is impracticable to publish an NPRM
                                             28°2′15″ N., 080°35′38″ W.; thence south                                                                      because we lack sufficient time to
                                             to Point 3 in position 28°19′46″ N.,                    certain navigable waters of the Sabine
                                                                                                     River adjacent to the public boat ramp                provide a reasonable comment period
                                             080°35′38″ W.; thence west to Point 4 in                                                                      and then consider those comments
                                             position 28°19′47″ N., 080°36′22″ W.;                   located in Orange, TX. This safety zone
                                                                                                     is necessary to protect persons and                   before issuing the rule.
                                             thence north back to origin. These                                                                               We are issuing this rule, and under 5
                                             coordinates are based on North                          vessels from hazards associated with a
                                                                                                                                                           U.S.C. 553(d)(3), the Coast Guard finds
                                             American Datum 1983.                                    high speed boat race competition.
                                                                                                                                                           that good cause exists for making it
                                                (b) Definition. As used in this section,             Persons and vessels are prohibited from
                                                                                                                                                           effective less than 30 days after
                                             the term ‘‘designated representative’’                  entering into, transiting through, or
                                                                                                                                                           publication in the Federal Register.
                                             means Coast Guard Patrol Commanders,                    anchoring within this safety zone unless
                                                                                                                                                           Delaying the effective date of this rule
                                             including Coast Guard coxswains, petty                  authorized by the Captain of the Port,
                                                                                                                                                           would be contrary to public interest
                                             officers, and other officers operating                  Port Arthur.
                                                                                                                                                           because regulatory action is necessary to
                                             Coast Guard vessels, and Federal, state,                DATES: This rule is effective from 8:30               limit access to the area of the high speed
                                             and local officers designated by or                     a.m. on May 20, 2017 through 6 p.m. on                boat races, protecting participants,
                                             assisting the Captain of the Port (COTP)                May 21, 2017.                                         spectators, and other persons and
                                             Jacksonville in the enforcement of the                  ADDRESSES: To view documents                          vessels from the potential hazards
                                             regulated areas.                                        mentioned in this preamble as being                   during a high speed boat race on a
                                                (c) Regulations. (1) All persons and
                                                                                                     available in the docket, go to http://                navigable waterway. The Coast Guard
                                             vessels are prohibited from entering,
                                                                                                     www.regulations.gov, type USCG–2017–                  will notify the public and maritime
                                             transiting through, anchoring in, or
                                                                                                     0294 in the ‘‘SEARCH’’ box and click                  community that the safety zone will be
                                             remaining within the regulated area
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                      in effect and of its enforcement periods
                                             unless authorized by the COTP
                                                                                                     Folder on the line associated with this               via broadcast notices to mariners (BNM)
                                             Jacksonville or a designated
                                                                                                     rule.                                                 and the event will be advertised in the
                                             representative.
                                                (2) Persons and vessels desiring to                  FOR FURTHER INFORMATION CONTACT: If                   Local Notice to Mariners (LNM).
                                             enter, transit through, anchor in, or                   you have questions on this rule, call or              III. Legal Authority and Need for Rule
                                             remain within the regulated area may                    email Mr. Scott Whalen, Marine Safety
                                                                                                     Unit Port Arthur, U.S. Coast Guard;                      The Coast Guard is issuing this rule
                                             contact the COTP Jacksonville by                                                                              under authority in 33 U.S.C. 1231. The
                                             telephone at 904–714–7557, or a                         telephone 409–719–5086, email
                                                                                                     Scott.K.Whalen@uscg.mil.                              Captain of the Port, Port Arthur (COTP)
                                             designated representative via VHF–FM                                                                          has determined that the potential
                                             radio on channel 16 to request                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                           hazards associated with high speed boat
                                             authorization. If authorization is
                                                                                                     I. Table of Abbreviations                             races are a safety concern for vessels
                                             granted, all persons and vessels
                                                                                                                                                           operating on the Sabine River. This rule
                                             receiving such authorization must                       CFR Code of Federal Regulations
                                                                                                     COTP Captain of the Port, Port Arthur
                                                                                                                                                           is needed to protect participants,
                                             comply with the instructions of the
                                                                                                     DHS Department of Homeland Security                   spectators, and other persons and
                                             COTP Jacksonville or designated
                                                                                                     FR Federal Register                                   vessels in the navigable waters within
                                             representative.
                                                (3) The Coast Guard will provide                     NPRM Notice of proposed rulemaking                    the safety zone during the scheduled
                                             notice of the regulated area by Local                   § Section                                             races.
                                                                                                     U.S.C. United States Code
                                             Notice to Mariners, Broadcast Notice to                                                                       IV. Discussion of the Rule
                                             Mariners via VHF–FM channel 16, and/                    II. Background Information and                           This rule establishes a temporary
                                             or by on-scene designated                               Regulatory History                                    safety zone from 8:30 a.m. on May 20,
                                             representatives.                                          The Coast Guard is issuing this                     2017 through 6 p.m. on May 21, 2017.
                                                (d) Enforcement Period. This rule will
                                                                                                     temporary rule without prior notice and               The safety zone covers all navigable
                                             be enforced from 10 a.m. until 5 p.m. on
                                                                                                     opportunity to comment pursuant to                    waters of the Sabine River, shoreline to
                                             May 21, 2017.
                                                                                                     authority under section 4(a) of the                   shoreline, adjacent to the public boat
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                                               Dated: May 8, 2017.                                   Administrative Procedure Act (APA) (5                 ramp located in Orange, TX. The
                                             T.C. Wiemers,                                           U.S.C. 553(b)). This provision                        northern boundary is from the end of
                                             Captain, U.S. Coast Guard, Captain of the               authorizes an agency to issue a rule                  Navy Pier One at 30°05′50″ N.,
                                             Port Jacksonville.                                      without prior notice and opportunity to               93°43′15″ W. then easterly to the rivers
                                             [FR Doc. 2017–10148 Filed 5–18–17; 8:45 am]             comment when the agency for good                      eastern shore. The southern boundary is
                                             BILLING CODE 9110–04–P                                  cause finds that those procedures are                 a line shoreline to shoreline at latitude


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                                                                   Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations                                         22883

                                             30°05′33″ N. (NAD83). The duration of                      While some owners or operators of                  Government and Indian tribes. If you
                                             the safety zone is intended to protect                  vessels intending to transit the safety               believe this rule has implications for
                                             participants, spectators, and other                     zone may be small entities, for the                   federalism or Indian tribes, please
                                             persons and vessels, in the navigable                   reasons stated in section V.A above, this             contact the person listed in the FOR
                                             waters of the Sabine River during the                   rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             high speed boat races. No vessel or                     economic impact on vessel owners or                   above.
                                             person will be permitted to enter the                   operators.
                                             safety zone without obtaining                              Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             permission from the COTP or a                           Business Regulatory Enforcement
                                                                                                                                                             The Unfunded Mandates Reform Act
                                             designated representative.                              Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                                                                           of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     we want to assist small entities in
                                             V. Regulatory Analyses                                                                                        Federal agencies to assess the effects of
                                                                                                     understanding this rule. If the rule
                                                                                                                                                           their discretionary regulatory actions. In
                                               We developed this rule after                          would affect your small business,
                                                                                                                                                           particular, the Act addresses actions
                                             considering numerous statutes and                       organization, or governmental
                                                                                                                                                           that may result in the expenditure by a
                                             executive orders related to rulemaking.                 jurisdiction and you have questions
                                                                                                                                                           State, local, or tribal government, in the
                                             Below we summarize our analyses                         concerning its provisions or options for
                                                                                                                                                           aggregate, or by the private sector of
                                             based on a number of these statutes and                 compliance, please contact the person
                                                                                                                                                           $100,000,000 (adjusted for inflation) or
                                             Executive Orders, and we discuss First                  listed in the FOR FURTHER INFORMATION
                                                                                                                                                           more in any one year. Though this rule
                                             Amendment rights of protestors.                         CONTACT section.
                                                                                                        Small businesses may send comments                 will not result in such expenditure, we
                                             A. Regulatory Planning and Review                       on the actions of Federal employees                   do discuss the effects of this rule
                                                                                                     who enforce, or otherwise determine                   elsewhere in this preamble.
                                                Executive Orders 12866 and 13563
                                             direct agencies to assess the costs and                 compliance with, Federal regulations to               F. Environment
                                             benefits of available regulatory                        the Small Business and Agriculture
                                                                                                     Regulatory Enforcement Ombudsman                         We have analyzed this rule under
                                             alternatives and, if regulation is
                                                                                                     and the Regional Small Business                       Department of Homeland Security
                                             necessary, to select regulatory
                                                                                                     Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                             approaches that maximize net benefits.
                                                                                                     Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                             Executive Order 13563 emphasizes the
                                                                                                     annually and rates each agency’s                      which guide the Coast Guard in
                                             importance of quantifying both costs
                                                                                                     responsiveness to small business. If you              complying with the National
                                             and benefits, of reducing costs, of
                                                                                                     wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                             harmonizing rules, and of promoting
                                                                                                     employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                             flexibility. This rule has not been
                                                                                                     888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                             designated a ‘‘significant regulatory
                                                                                                     Coast Guard will not retaliate against                category of actions that do not
                                             action,’’ under Executive Order 12866.
                                                                                                     small entities that question or complain              individually or cumulatively have a
                                             Accordingly, it has not been reviewed
                                                                                                     about this rule or any policy or action               significant effect on the human
                                             by the Office of Management and
                                                                                                     of the Coast Guard.                                   environment. This rule involves a safety
                                             Budget.
                                                                                                                                                           zone during a 2-day period that will
                                                This regulatory action determination                 C. Collection of Information                          prohibit entry within the zone without
                                             is based on the size, location, and                       This rule will not call for a new                   permission of the Captain of the Port. It
                                             duration of the safety zone. This safety                collection of information under the                   is categorically excluded from further
                                             zone is over a 2-day period and                         Paperwork Reduction Act of 1995 (44                   review under paragraph 34(g) of Figure
                                             enforcement during the effective times,                 U.S.C. 3501–3520).                                    2–1 of the Commandant Instruction. An
                                             enforcement periods will include                                                                              environmental analysis checklist
                                             scheduled breaks, providing                             D. Federalism and Indian Tribal
                                                                                                     Governments                                           supporting this determination and a
                                             opportunity for vessels to transit                                                                            Record of Environmental Consideration
                                             through the affected area. Moreover, the                   A rule has implications for federalism             are available in the docket where
                                             Coast Guard will issue Broadcast Notice                 under Executive Order, Federalism, if it              indicated under ADDRESSES. We seek
                                             to Mariners via VHF–FM marine                           has a substantial direct effect on the                any comments or information that may
                                             channel 16 about the zone and the rule                  States, on the relationship between the               lead to the discovery of a significant
                                             allows vessel to seek permission to enter               national government and the States, or                environmental impact from this rule.
                                             the zone.                                               on the distribution of power and
                                                                                                     responsibilities among the various                    G. Protest Activities
                                             B. Impact on Small Entities
                                                                                                     levels of government. We have analyzed
                                                The Regulatory Flexibility Act of                    this rule under that Order and have                     The Coast Guard respects the First
                                             1980, 5 U.S.C. 601–612, as amended,                     determined that it is consistent with the             Amendment rights of protesters.
                                             requires Federal agencies to consider                   fundamental federalism principles and                 Protesters are asked to contact the
                                             the potential impact of regulations on                  preemption requirements described in                  person listed in the FOR FURTHER
                                             small entities during rulemaking. The                                                                         INFORMATION CONTACT section to
                                                                                                     Executive Order 13132.
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               coordinate protest activities so that your
                                             businesses, not-for-profit organizations                implications under Executive Order                    message can be received without
                                             that are independently owned and                        13175, Consultation and Coordination                  jeopardizing the safety or security of
                                             operated and are not dominant in their                  with Indian Tribal Governments,                       people, places or vessels.
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                                             fields, and governmental jurisdictions                  because it does not have a substantial                List of Subjects in 33 CFR Part 165
                                             with populations of less than 50,000.                   direct effect on one or more Indian
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                 Harbors, Marine safety, Navigation
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,                 (water), Reporting and recordkeeping
                                             significant economic impact on a                        or on the distribution of power and                   requirements, Security measures, and
                                             substantial number of small entities.                   responsibilities between the Federal                  Waterways.


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Document Created: 2018-02-01 14:44:35
Document Modified: 2018-02-01 14:44:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesApplications Available: January 3, 2017.
ContactMaryann McDermott, U.S. Department of Education, 400 Maryland Avenue SW., Room 5144, Potomac Center Plaza, Washington, DC 20202-5108. Telephone: (202) 245-7439.
FR Citation82 FR 95 

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