Proposed Priority-Promise Zones, 63913-63915 [2013-25006]
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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Procedural Determinations
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866
(Regulatory Planning and Review).
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 28, 2013.
Allen D. Klein,
Director, Western Region.
BILLING CODE 4310–05–P
DEPARTMENT OF EDUCATION
tkelley on DSK3SPTVN1PROD with PROPOSALS
34 CFR Chapters I–VI
Jane
Hodgdon. Telephone: 202–453–6620. Or
by email: Jane.Hodgdon@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
[Docket ID ED–2013–OII–0110]
RIN 1894–AA05
Proposed Priority—Promise Zones
Department of Education.
Proposed priority.
AGENCY:
17:00 Oct 24, 2013
Privacy Note: The Department’s policy is
to make all comments received from
members of the public available for public
viewing in their entirety on the Federal
eRulemaking Portal at www.regulations.gov.
Therefore, commenters should be careful to
include in their comments only information
they wish to make publicly available.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2013–25165 Filed 10–24–13; 8:45 am]
VerDate Mar<15>2010
We must receive your comments
on or before November 25, 2013.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or email. To ensure
that we do not receive duplicate copies,
please submit your comments only
once. In addition, please include the
Docket ID at the top of your comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘How to Use This Site.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Jane
Hodgdon, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 4W219, LBJ, Washington, DC
20202–3970.
DATES:
Executive Order 12866—Regulatory
Planning and Review
ACTION:
The Secretary of Education
(Secretary) proposes a priority that the
Department of Education (Department)
may use for any appropriate
discretionary grant program in fiscal
year (FY) 2014 and future years. We take
this action to focus Federal financial
assistance on expanding the number of
Department programs and projects that
support activities in designated Promise
Zones.
This action will permit all offices in
the Department to use this priority, as
appropriate, in any discretionary grant
competition.
SUMMARY:
Jkt 232001
Invitation to Comment: We invite you
to submit comments regarding this
proposed priority.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
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63913
might result from this proposed priority.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
During and after the comment period,
you may inspect all public comments
about this notice by accessing
Regulations.gov. You may also inspect
the comments in person in room
4W335, 400 Maryland Avenue SW.,
Washington, DC, between the hours of
8:30 a.m. and 4:00 p.m., Washington,
DC time, Monday through Friday of
each week except Federal holidays.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Program Authority: 20 U.S.C. 1221e–3,
3474.
PROPOSED PRIORITY:
Background:
The Secretary proposes a priority that
the Department may use, as appropriate,
for discretionary grant competitions in
FY 2014 and future years. This priority
will allow the Department and, by
extension, program participants to focus
limited Federal resources in designated
Promise Zones. The Secretary
recognizes that this priority will not be
appropriate for all discretionary grant
programs.
A child’s zip code should never
determine his or her destiny; but today,
the neighborhood a child grows up in
affects his or her odds of graduating
from high school, health outcomes, and
lifetime economic opportunities.
Collaborative efforts among private
businesses and Federal, State, and local
officials; faith-based and non-profit
organizations; and families, children,
and students can help change these
odds and ensure that all children have
the opportunity to earn a decent living
when they reach adulthood.
Since 2009, the President has
provided tools to combat poverty,
investing more than $350 million in 100
of the Nation’s persistent pockets of
poverty. Building on those efforts, the
President has announced an initiative to
designate, over the next 4 years, 20
high-poverty communities as ‘‘Promise
Zones’’ where the Federal government
will partner with, and invest in,
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63914
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules
communities to create jobs, leverage
private investment, increase economic
activity, improve educational
opportunities, and improve public
safety. Co-led by the U.S. Departments
of Housing and Urban Development,
Education, Agriculture, and Justice,
Promise Zones are part of the
President’s Ladders of Opportunity plan
to ensure that hard-working Americans
make it to the middle class.
Promise Zones will align the work of
multiple Federal programs in highpoverty urban, rural, and tribal
communities that have both substantial
needs and a strong, evidence-based plan
to address them. The five primary goals
of Promise Zones are creating jobs,
increasing economic activity, improving
educational opportunities, reducing
violent crime, and leveraging private
investment. The initiative builds on
lessons learned from existing placebased programs, such as the
Department’s Promise Neighborhoods
program.
In order to be designated as a Promise
Zone, communities must demonstrate
the strength and effectiveness of their
local commitment through a
competitive, transparent process
managed by the U.S. Department of
Housing and Urban Development and
the U.S. Department of Agriculture.
Designated Promise Zones must identify
a set of outcomes they will pursue to
revitalize their communities, develop a
strategy to achieve and sustain those
outcomes, and realign local, State,
Federal and, as applicable, private
resources accordingly. The Federal
government will partner with the
Promise Zones to help them access the
resources and expertise they need,
including the resources from the
President’s signature revitalization
initiatives to ensure that Federal
programs and resources support the
efforts to transform these communities.
Specifically, Promise Zones will:
Receive Promise Zones tax incentives, if
enacted by Congress, to stimulate hiring
and business investment; benefit from
an intensive Federal partnership
through collaboration with Federal staff
to provide specialized technical
assistance; and have increased access to
additional investments that further the
goals of job creation, additional private
investments, increased economic
activity, improved educational
opportunity, and reduction in violent
crime.
For calendar year 2013, only
communities that have previously been
granted funds under one of a related set
of Federal programs (Choice
Neighborhoods, Promise
Neighborhoods, Byrne Criminal Justice
VerDate Mar<15>2010
17:00 Oct 24, 2013
Jkt 232001
Innovation grants, Stronger Economies
Together, Rural Jobs Accelerator, and
Sustainable Housing and Communities)
will be eligible to apply to the
Department of Housing and Urban
Development for designation as Promise
Zones. Each of these programs is
nationally competitive, and
participation indicates a level of
capacity among local institutions that
promotes the success of Promise Zones.
In calendar year 2013, the Department
of Housing and Urban Development is
planning to propose for public comment
eligibility requirements and selection
criteria for future Promise Zones
competitions. (For additional
information about eligibility for a
Promise Zone designation, draft
selection criteria for 2013, and the
selection process, please visit the
Promise Zones Web page: www.hud.gov/
promisezones. The Department of
Housing and Urban Development
published a notice estimating the
burden for applying for a 2013 Promise
Zones designation in the Federal
Register on August 7, 2013 (78 FR
48182).)
To ensure that the Department’s
discretionary grant programs can
provide, where appropriate, the
increased access to additional
investments for Promise Zones, the
Secretary proposes a priority for projects
that will serve and coordinate with a
federally designated Promise Zone.
Proposed Priority—Promise Zones.
Projects that are designed to serve and
coordinate with a federally designated
Promise Zone.
Types of Priorities: When inviting
applications for a competition using one
or more priorities, we designate the type
of each priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
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Fmt 4702
Sfmt 4702
preference over other applications (34
CFR 75.105(c)(1)).
Final Priority: We will announce the
final priority in a notice in the Federal
Register. We will determine the final
priority after considering responses to
this notice and other information
available to the Department. This notice
does not preclude us from proposing
additional priorities, requirements,
definitions, or selection criteria, subject
to meeting applicable rulemaking
requirements.
Note: This notice does not solicit
applications. In any year in which we choose
to use this priority, we invite applications
through a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the
Secretary must determine whether this
regulatory action is ‘‘significant’’ and,
therefore, subject to the requirements of
the Executive order and subject to
review by the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866 defines a ‘‘significant
regulatory action’’ as an action likely to
result in a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive order.
This proposed regulatory action is a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are proposing this priority only on
a reasoned determination that its
benefits would justify its costs. In
choosing among alternative regulatory
approaches, we selected the approach
that would maximize net benefits. Based
on the analysis that follows, the
Departments believe that this regulatory
action is consistent with the principles
in Executive Order 13563.
We also have determined that this
proposed regulatory action would not
unduly interfere with State, local, and
tribal governments in the exercise of
their governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
associated with this regulatory action
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Intergovernmental Review: Some of
the programs affected by this proposed
priority are subject to Executive Order
12372 and the regulations in 34 CFR
Part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
VerDate Mar<15>2010
17:00 Oct 24, 2013
Jkt 232001
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fedsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access document 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: October 21, 2013.
Arne Duncan,
Secretary of Education.
[FR Doc. 2013–25006 Filed 10–24–13; 8:45 am]
BILLING CODE 4000–01–P
POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Domestic
Mailing Services Products
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
On September 26, 2013, the
Postal Service filed a notice of mailing
services price adjustments with the
Postal Regulatory Commission (PRC),
effective January 2014. This proposed
rule contains the revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM®)
that we would adopt to implement the
changes coincident with the price
adjustments.
SUMMARY:
We must receive comments on or
before November 25, 2013.
ADDRESSES: Mail or deliver written
comments to the manager, Product
Classification, U.S. Postal Service®, 475
DATES:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
63915
L’Enfant Plaza SW., Room 4446,
Washington, DC, 20260–5015. You may
inspect and photocopy all written
comments at USPS® Headquarters
Library, 475 L’Enfant Plaza SW., 11th
Floor N, Washington DC by
appointment only between the hours of
9 a.m. and 4 p.m., Monday through
Friday by calling 1–202–268–2906 in
advance. Faxed comments will not be
accepted.
Bill
Chatfield at 202–268–7278, Lizbeth
Dobbins at 202–268–3789, or Steve
Monteith at 202–268–6983.
SUPPLEMENTARY INFORMATION: Proposed
prices will be available under Docket
No. R2013–10 on the Postal Regulatory
Commission’s Web site at www.prc.gov.
The Postal Service’s proposed rule
includes new pricing eligibility for retail
and commercial nonpresorted FirstClass Mail® letters, several mail
classification changes, and some
condensing of current standards for
Periodicals publications.
FOR FURTHER INFORMATION CONTACT:
Proposed Change for Letters
Retail and Commercial First-Class Mail®
Letters
The Postal Service proposes to add a
new single-piece commercial
nonpresorted First-Class Mail letter
price category to be called Metered Mail
price. Prices for this category are
separate from other retail single-piece
First-Class Mail letters and would apply
for First-Class Mail letters when postage
is affixed or imprinted by the mailer for
metered indicia, PCPostage, precanceled
stamps, or permit imprint. The price
also would be available for single-piece
retail letters when postage is paid as
described. There would be no minimum
volume, except for pieces paid by
permit imprint, for which the existing
minimum of at least 200 pieces would
apply. These prices also would apply to
residual pieces from automation or
presorted First-Class Mail letter
mailings, presented in letter trays. When
such residual pieces are part of a permit
imprint mailing for the presorted or
automation mailing, and claimed on the
same postage statement as the primary
mailing, there would be no separate
minimum number of pieces for the
commercial nonpresorted portion.
The Postal Service proposes to change
the current price structure for residual
First-Class Mail letters. Residuals from
uniform 1-ounce presort letter mailings
will pay the 1-ounce Metered letter
price. Residuals from uniform 2-ounce
presort letter mailings will pay the 2ounce Metered letter price Residuals
from mixed mailings of 1-ounce and 2-
E:\FR\FM\25OCP1.SGM
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Agencies
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63913-63915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25006]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Chapters I-VI
[Docket ID ED-2013-OII-0110]
RIN 1894-AA05
Proposed Priority--Promise Zones
AGENCY: Department of Education.
ACTION: Proposed priority.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Education (Secretary) proposes a priority
that the Department of Education (Department) may use for any
appropriate discretionary grant program in fiscal year (FY) 2014 and
future years. We take this action to focus Federal financial assistance
on expanding the number of Department programs and projects that
support activities in designated Promise Zones.
This action will permit all offices in the Department to use this
priority, as appropriate, in any discretionary grant competition.
DATES: We must receive your comments on or before November 25, 2013.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or email. To ensure that we do not receive
duplicate copies, please submit your comments only once. In addition,
please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``How to Use This Site.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about these proposed regulations, address
them to Jane Hodgdon, U.S. Department of Education, 400 Maryland Avenue
SW., Room 4W219, LBJ, Washington, DC 20202-3970.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to
include in their comments only information they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Jane Hodgdon. Telephone: 202-453-6620.
Or by email: Jane.Hodgdon@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this proposed priority.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from this
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about this notice by accessing Regulations.gov. You may also
inspect the comments in person in room 4W335, 400 Maryland Avenue SW.,
Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m.,
Washington, DC time, Monday through Friday of each week except Federal
holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Program Authority: 20 U.S.C. 1221e-3, 3474.
PROPOSED PRIORITY:
Background:
The Secretary proposes a priority that the Department may use, as
appropriate, for discretionary grant competitions in FY 2014 and future
years. This priority will allow the Department and, by extension,
program participants to focus limited Federal resources in designated
Promise Zones. The Secretary recognizes that this priority will not be
appropriate for all discretionary grant programs.
A child's zip code should never determine his or her destiny; but
today, the neighborhood a child grows up in affects his or her odds of
graduating from high school, health outcomes, and lifetime economic
opportunities. Collaborative efforts among private businesses and
Federal, State, and local officials; faith-based and non-profit
organizations; and families, children, and students can help change
these odds and ensure that all children have the opportunity to earn a
decent living when they reach adulthood.
Since 2009, the President has provided tools to combat poverty,
investing more than $350 million in 100 of the Nation's persistent
pockets of poverty. Building on those efforts, the President has
announced an initiative to designate, over the next 4 years, 20 high-
poverty communities as ``Promise Zones'' where the Federal government
will partner with, and invest in,
[[Page 63914]]
communities to create jobs, leverage private investment, increase
economic activity, improve educational opportunities, and improve
public safety. Co-led by the U.S. Departments of Housing and Urban
Development, Education, Agriculture, and Justice, Promise Zones are
part of the President's Ladders of Opportunity plan to ensure that
hard-working Americans make it to the middle class.
Promise Zones will align the work of multiple Federal programs in
high-poverty urban, rural, and tribal communities that have both
substantial needs and a strong, evidence-based plan to address them.
The five primary goals of Promise Zones are creating jobs, increasing
economic activity, improving educational opportunities, reducing
violent crime, and leveraging private investment. The initiative builds
on lessons learned from existing place-based programs, such as the
Department's Promise Neighborhoods program.
In order to be designated as a Promise Zone, communities must
demonstrate the strength and effectiveness of their local commitment
through a competitive, transparent process managed by the U.S.
Department of Housing and Urban Development and the U.S. Department of
Agriculture. Designated Promise Zones must identify a set of outcomes
they will pursue to revitalize their communities, develop a strategy to
achieve and sustain those outcomes, and realign local, State, Federal
and, as applicable, private resources accordingly. The Federal
government will partner with the Promise Zones to help them access the
resources and expertise they need, including the resources from the
President's signature revitalization initiatives to ensure that Federal
programs and resources support the efforts to transform these
communities. Specifically, Promise Zones will: Receive Promise Zones
tax incentives, if enacted by Congress, to stimulate hiring and
business investment; benefit from an intensive Federal partnership
through collaboration with Federal staff to provide specialized
technical assistance; and have increased access to additional
investments that further the goals of job creation, additional private
investments, increased economic activity, improved educational
opportunity, and reduction in violent crime.
For calendar year 2013, only communities that have previously been
granted funds under one of a related set of Federal programs (Choice
Neighborhoods, Promise Neighborhoods, Byrne Criminal Justice Innovation
grants, Stronger Economies Together, Rural Jobs Accelerator, and
Sustainable Housing and Communities) will be eligible to apply to the
Department of Housing and Urban Development for designation as Promise
Zones. Each of these programs is nationally competitive, and
participation indicates a level of capacity among local institutions
that promotes the success of Promise Zones.
In calendar year 2013, the Department of Housing and Urban
Development is planning to propose for public comment eligibility
requirements and selection criteria for future Promise Zones
competitions. (For additional information about eligibility for a
Promise Zone designation, draft selection criteria for 2013, and the
selection process, please visit the Promise Zones Web page:
www.hud.gov/promisezones. The Department of Housing and Urban
Development published a notice estimating the burden for applying for a
2013 Promise Zones designation in the Federal Register on August 7,
2013 (78 FR 48182).)
To ensure that the Department's discretionary grant programs can
provide, where appropriate, the increased access to additional
investments for Promise Zones, the Secretary proposes a priority for
projects that will serve and coordinate with a federally designated
Promise Zone.
Proposed Priority--Promise Zones.
Projects that are designed to serve and coordinate with a federally
designated Promise Zone.
Types of Priorities: When inviting applications for a competition
using one or more priorities, we designate the type of each priority as
absolute, competitive preference, or invitational through a notice in
the Federal Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Priority: We will announce the final priority in a notice in
the Federal Register. We will determine the final priority after
considering responses to this notice and other information available to
the Department. This notice does not preclude us from proposing
additional priorities, requirements, definitions, or selection
criteria, subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive order.
This proposed regulatory action is a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
[[Page 63915]]
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are proposing this priority only on a reasoned determination
that its benefits would justify its costs. In choosing among
alternative regulatory approaches, we selected the approach that would
maximize net benefits. Based on the analysis that follows, the
Departments believe that this regulatory action is consistent with the
principles in Executive Order 13563.
We also have determined that this proposed regulatory action would
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs associated
with this regulatory action are those resulting from statutory
requirements and those we have determined as necessary for
administering the Department's programs and activities.
Intergovernmental Review: Some of the programs affected by this
proposed priority are subject to Executive Order 12372 and the
regulations in 34 CFR Part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fedsys. At this site you can view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access document 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: October 21, 2013.
Arne Duncan,
Secretary of Education.
[FR Doc. 2013-25006 Filed 10-24-13; 8:45 am]
BILLING CODE 4000-01-P