[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34363-34367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14115]
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DEPARTMENT OF EDUCATION
Disability and Rehabilitation Research Projects and Centers
Program; Traumatic Brain Injury Model Systems Centers
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice.
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Overview Information:
CFDA Number: 84.133A-5.
Final priority; National Institute on Disability and Rehabilitation
Research (NIDRR)--Disability and Rehabilitation Research Projects and
Centers Program--Disability Rehabilitation Research Project (DRRP)--
Traumatic Brain Injury Model Systems Centers.
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority for the Disability and
Rehabilitation Research Projects and Centers Program administered by
the National Institute on Disability and Rehabilitation Research
(NIDRR). Specifically, this notice announces a priority for Traumatic
Brain Injury Model Systems (TBIMS) Centers. The Assistant Secretary may
use this priority for a competition in fiscal year (FY) 2012 and later
years. We take this action to focus research attention on areas of
national need.
DATES: Effective Date: This priority is effective July 11, 2012.
FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW., room 5133, Potomac Center Plaza
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-7532 or by
email: marlene.spencer@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
This notice of final priority is in concert with NIDRR's currently
approved Long-Range Plan (Plan). The Plan, which was published in the
Federal Register on February 15, 2006 (71 FR 8165), can be accessed on
the Internet at the following site: www.ed.gov/about/offices/list/osers/nidrr/policy.html.
Through the implementation of the Plan, NIDRR seeks to: (1) Improve
the quality and utility of disability and rehabilitation research; (2)
foster an exchange of expertise, information, and training to
facilitate the advancement of knowledge and understanding of the unique
needs of traditionally underserved populations; (3) determine best
strategies and programs to improve rehabilitation outcomes for
underserved populations; (4) identify research gaps; (5) identify
mechanisms of integrating research and practice; and (6) disseminate
findings.
This notice announces a final priority that NIDRR intends to use
for a DRRP competition in FY 2012 and possibly later years. However,
nothing precludes NIDRR from publishing additional priorities, if
needed. Furthermore, NIDRR is under no obligation to make an award for
this priority. The decision to make an award will be based on the
quality of applications received and available funding.
Purpose of Program:
The purpose of the Disability and Rehabilitation Research Projects
and Centers Program is to plan and conduct research, demonstration
projects, training, and related activities, including international
activities; to develop methods, procedures, and rehabilitation
technologies that maximize the full inclusion and integration of
individuals with disabilities into society, employment, independent
living, family support, and promote economic and social self-
sufficiency of individuals with disabilities, especially individuals
with the most severe disabilities; and to improve the effectiveness of
services authorized under the Rehabilitation Act of 1973, as amended
(Rehabilitation Act).
Disability and Rehabilitation Research Projects (DRRPs)
The purpose of DRRPs, which are funded under NIDRR's Disability and
Rehabilitation Research Projects and Centers Program, is to improve the
effectiveness of services authorized under the Rehabilitation Act of
1973, as amended, by developing methods, procedures, and rehabilitation
technologies that advance a wide range of independent living and
employment outcomes for individuals with disabilities, especially
individuals with the most severe disabilities. DRRPs
[[Page 34364]]
carry out one or more of the following types of activities, as
specified and defined in 34 CFR 350.13 through 350.19: Research,
training, demonstration, development, dissemination, utilization, and
technical assistance. Additional information on DRRPs can be found at:
http://www2.ed.gov/rschstat/research/pubs/res-program.html#DRRP.
Program Authority: 29 U.S.C. 762(g) and 764(a).
Applicable Program Regulations: 34 CFR part 350.
We published a notice of proposed priority for this program in the
Federal Register on March 7, 2012 (77 FR 13578). That notice contained
background information and our reasons for proposing the particular
priority.
Public Comment: In response to our invitation in the notice of
proposed priority, four parties submitted comments on the proposed
priority.
Generally, we do not address technical and other minor changes. In
addition, we do not address general comments that raised concerns not
directly related to the proposed priority.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority since publication of the notice of
proposed priority follows.
Comment: One commenter requested that NIDRR revise paragraph (a) of
the priority to identify standards or guidelines for clinical care that
a grantee must follow when meeting this requirement. In addition, the
commenter requested that NIDRR revise the priority to include the
further development of evidence-based clinical practice guidelines as
an area of research funded under this priority.
Discussion: NIDRR does not have a sufficient basis for requiring
that its TBIMS Centers adopt specific guidelines. However, we agree
that it is helpful to clarify in the priority that TBIMS centers may
adopt practice guidelines as standards. Using standard TBIMS procedures
of deliberation and voting, the TBIMs Project Directors could choose to
adopt practice guidelines to guide care within the TBIMS Centers. NIDRR
expects that the research conducted in the TBIMS Centers will
contribute to the development of evidence-based rehabilitation
practices through the advancement of knowledge at any stage of research
(see NIDRR's proposed Long-Range Plan).
Changes: NIDRR has amended paragraph (a) to clarify that the TBIMS
Centers may adopt practice guidelines as standards within the model
systems. NIDRR also amended paragraph (c) to clarify that NIDRR expects
that research projects will contribute to the development of evidence-
based TBI rehabilitation.
Comment: One commenter asked several questions regarding proposed
paragraph (g) of the priority, which would require grantees to spend
$5,000 of their total budget towards the costs of a state-of-the-
science conference. The commenter asked whether these funds must be
used to organize the conference or whether they could be used to
support travel to the conference. The commenter also asked for
clarification regarding the grant years and budget category (training
vs. research) in which these funds could be budgeted. Finally, the
commenter asked about the title and scope of the state-of-the-science
conference; specifically, the commenter asked whether the funds would
be used to support a ``4th Interagency Conference on TBI''.
Discussion: NIDRR has decided to withdraw the proposed requirement
that TBIMS Centers budget to support a state-of-the science conference.
Instead, NIDRR is adding language to paragraph (g) of the priority that
suggests including a state-of-the-science meeting as one possible means
of collaboratively conducting knowledge translation activities that
might be used to disseminate research findings from the TBIMS Centers
program. TBIMS Centers have the freedom to determine the amount of
funds that they might set aside for such activities, including any
activities conducted in conjunction with the Model Systems Knowledge
Translation Center.
Changes: NIDRR has removed the requirement in proposed paragraph
(g) of the priority and redesignated the lettering of the following
paragraphs of the final priority accordingly. Language has been added
to paragraph (g) of the final priority to provide the option that
state-of-the-science meetings could be one means of facilitating
dissemination of research findings to stakeholders.
Comment: One commenter asked how NIDRR would assess applicants'
capacity to participate in multi-site collaborative research as
required in proposed paragraph (e) of the priority.
Discussion: Peer reviewers will use selection criteria under 34 CFR
350.54 to evaluate the quality of applications under this program,
including applicants' descriptions of their capacity to engage in
collaborative research. Peer review criteria under 34 CFR 350.54(k) are
directly applicable to the evaluation of applicants' capacity to engage
in multi-site collaborative research.
Changes: None.
Comment: Regarding paragraph (d) of the proposed priority, one
commenter requested clarification on the distinction between multi-site
research conducted under this priority (the TBIMS Centers Program
Priority (CFDA 84.133A-5)) and the research conducted under the
separately-funded TBIMS Collaborative Priority (CFDA 84.133A-4,
published in the Federal Register on February 1, 2008 (73 FR 6132)).
Specifically, the commenter asked whether NIDRR intended to disallow
current TBIMS Collaborative grantees from proposing a TBIMS Centers
module project under this priority.
Discussion: NIDRR does not intend to prohibit any center funded
under the FY 2008-2012 TBIMS Collaborative competition (CFDA 84.133A-4)
from applying under the FY 2012 competition using this priority. If a
TBIMS Collaborative grantee is also awarded a FY 2012 TBIMS Center
grant under this priority, it would be required to participate as a
research collaborator in at least one multi-site module project under
paragraph (d) of this priority. Its participation in the multi-site
module project funded under this priority would need to be distinct
from the multi-site research conducted under its TBIMS Collaborative
grant.
Changes: NIDRR has revised paragraph (d) of the final priority to
clarify that the multi-site module research activities funded under
this priority must not be part of a current TBIMS Multi-Site
Collaborative Project, which the Department funded under a separate
priority.
Comment: One commenter requested clarification regarding proposed
paragraph (i) which requires TBIMS Centers to address the needs of
individuals with TBI, including individuals from one or more
``traditionally underserved populations.'' Specifically, the commenter
asked the Department to clarify what populations would be considered
``traditionally underserved'' for purposes of this priority.
Discussion: Paragraph (i) of the proposed priority (redesignated as
paragraph (h) in the final priority) requires each TBIMS Center to
address the needs of individuals with traumatic brain injuries,
including individuals from one or more traditionally underserved
populations through its project. The Rehabilitation Act authorizes the
research activities that are administered by NIDRR, including the
research activities under the TBIMS Centers Program. While section 21
of the Rehabilitation Act, titled Traditionally Underserved
Populations,
[[Page 34365]]
does not define the term ``traditionally underserved,'' it does provide
an in-depth discussion of populations that experience inequitable
treatment and relatively poor outcomes in the vocational rehabilitation
process. Section 21 of the Rehabilitation Act specifically mentions
groups of racial and ethnic minorities with disabilities, including
Latinos, African Americans, Asian Americans, and American Indians with
disabilities. There are a wide variety of underserved populations that
applicants could focus upon in order to meet this specific requirement.
NIDRR does not wish to preclude applicants from proposing specific
populations that are relevant in their region, by providing a specific,
yet possibly incomplete list of underserved populations. Instead, for
purposes of this priority, we expect applicants to describe how they
will fulfill the priority's requirement to address the needs of
individuals with TBI from traditionally underserved populations, as
that term is described in section 21 of the Rehabilitation Act. The
peer review process will evaluate the merits of each application.
Changes: We have amended this paragraph to include a cross-
reference to the Rehabilitation Act's discussion of traditionally
underserved populations. Also, paragraph (i) of the proposed priority
has been redesignated as paragraph (h) in this final priority as part
of the redesignation referred to earlier in this notice.
Comment: None.
Discussion: In keeping with prior practice, NIDRR expects the
project directors of the TBIMS Centers to participate in two project
directors' meetings per year to be held in the greater Washington, DC
area. These meetings are critical to the ongoing operations of this
network of 16 TBIMS Centers and to the advancement of the collaborative
research funded under this priority. Applicants must budget for the
costs of having their project directors travel to and participate in
these meetings. A TBIMS Center may allow additional center staff to
attend with the TBIMS Center's project director, as long as the staff's
attendance is essential for the Center to meet its objectives.
Changes: NIDRR has added paragraph (j) to the final priority. This
new paragraph states that the TBIMS Center must ensure that its project
director participates in two annual face-to-face TBIMS Center Project
Directors' meetings in the greater Washington, DC area.
Final Priority:
Priority--Traumatic Brain Injury Model Systems Centers (TBIMS)
The Assistant Secretary for Special Education and Rehabilitative
Services announces a priority for the funding of Traumatic Brain Injury
Model Systems (TBIMS) Centers under the Disability and Rehabilitation
Research Projects (DRRP) program. The TBIMS Centers must provide
comprehensive, multidisciplinary services to individuals with traumatic
brain injury (TBI) and conduct research that contributes to the
development of evidence-based rehabilitation interventions and clinical
and practice guidelines.
For purposes of this priority, the term traumatic brain injury or
TBI is defined as damage to brain tissue caused by an external
mechanical force as evidenced by loss of consciousness or post-
traumatic amnesia due to brain trauma or by objective neurological
findings that can be reasonably attributed to TBI on physical
examination or mental status examination. Both penetrating and non-
penetrating wounds that fit these criteria are included, but, primary
anoxic encephalopathy is not.
The TBIMS Centers must generate new knowledge that can be used to
improve outcomes of individuals with TBI in one or more domains
identified in NIDRR's currently approved Long Range Plan, published in
the Federal Register on February 15, 2006 (71 FR 8165): Health and
function, community living and participation, technology, and
employment. Each TBIMS Center must contribute to this outcome by--
(a) Providing a multidisciplinary system of rehabilitation care
specifically designed to meet the needs of individuals with TBI. The
system must encompass a continuum of care, including emergency medical
services, acute care services, acute medical rehabilitation services,
and post-acute services. TBIMs Centers may choose to adopt practice
guidelines to guide care within the TBIMS Centers, using established
TBIMS procedures of deliberation and voting for recommendations that
affect all TBIMS Centers;
(b) Continuing the assessment of long-term outcomes of individuals
with TBI by enrolling at least 35 subjects per year into the TBIMS
database, following established protocols for the collection of
enrollment and follow-up data on subjects (found at www.tbindsc.org);
Note: TBIMS Centers will be funded at varying amounts up to the
maximum award based on the numbers of TBIMS database participants
from whom TBIMS Centers must collect follow-up data. TBIMS Centers
that have previously been TBIMS grantees with large numbers of
database participants will receive more funding within the specified
range than TBIMS Centers with fewer participants, as determined by
NIDRR after applicants are selected for funding. Applicants must
include in their budgets specific estimates of their costs for
follow-up data collection. Funding will be determined individually
for each successful applicant, up to the maximum allowed, based upon
the documented workload associated with the follow-up data
collection, other costs of the grant, and the overall budget of the
research project.
(c) Proposing and conducting at least one, but no more than two,
site-specific research projects to test innovative approaches to
treating TBI or to assess outcomes of individuals with TBI. Site-
specific research projects must focus on outcomes in one or more
domains identified in the Plan: Health and function, community living
and participation, technology, and employment, and contribute to the
development of evidence-based TBI rehabilitation practices through the
advancement of science at any stage of research;
Note: Applicants who propose more than two site-specific
research projects will be disqualified.
(d) Participating as a research collaborator in at least one module
project. Module projects are research collaborations with one or more
TBIMS Centers on topics of mutual interest and expertise. Such module
projects must be carried out as part of the TBIMS Centers' activities.
The module project research activities funded under this priority must
not be part of a current TBIMS Multi-Site Collaborative Project, which
the Department funded under a separate priority (see the notice
inviting applications, published in the Federal Register on February 1,
2008 (73 FR 6162) and the associated notice of final priority,
published in the Federal Register on February 1, 2008 (73 FR 6132));
Note: Applicants should not propose a specific module project in
their application. While all TBIMS Centers grantees are required to
participate as research collaborators in at least one module
project, they are not required to develop any module project on
their own. Immediately following the announcement of awards under
this priority, TBIMS Centers that are interested in proposing module
projects may identify module topics, identify potential
collaborators from among the other TBIMS Centers, and propose
research protocols for the potential modules. At the first TBIMS
Centers Project Directors' meeting, Project Directors will review,
discuss, and decide upon specific module projects to implement.
NIDRR staff will facilitate this post-award discussion and
negotiation among TBIMS
[[Page 34366]]
Centers grantees. Once these module projects are agreed upon by the
Project Directors, each TBIMS Center must participate in at least
one of them.
(e) Demonstrating, in its application, its capacity to successfully
engage in multi-site collaborative research on TBI. This capacity
includes access to research participants, the ability to maintain data
quality, and the ability to adhere to research protocols;
(f) Spending at least 15 percent of its annual budget on
participating in a module project, as described in paragraph (d) of
this priority;
(g) Coordinating with the NIDRR-funded Model Systems Knowledge
Translation Center (MSKTC) (http://www.msktc.org/) to provide
scientific results and information for dissemination to stakeholders,
including researchers, clinicians, consumers, and policymakers, using a
variety of mechanisms that could include state-of-the-science meetings,
webinars, Web sites, and other approaches;
(h) Addressing the needs of individuals with TBI, including
individuals from one or more traditionally underserved populations, as
discussed in section 21 of the Act, 29 U.S.C. 718;
(i) Ensuring that the input of individuals with TBI is used to
shape TBIMS research; and
(j) Ensuring that its project director participate in two annual
face-to-face TBIMS Center Project Directors' meetings in the greater
Washington, DC area.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this final priority only on a reasoned determination
that its benefits justify its costs. In choosing among alternative
regulatory approaches, we selected those approaches that maximize net
benefits. Based on the analysis that follows, the Department believes
that this regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Summary of potential costs and benefits:
The benefits of the Disability and Rehabilitation Research Projects
and Centers Programs have been well established over the years in that
similar projects have been completed successfully. This final priority
will generate new knowledge through research and development.
Another benefit of this final priority is that the establishment of
a new DRRP will improve the lives of individuals with disabilities. The
new DRRP will
[[Page 34367]]
provide support and assistance for NIDRR grantees as they generate,
disseminate, and promote the use of new information that will improve
the options for individuals with disabilities to perform regular
activities of their choice in the community.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) by contacting the Grants and Contracts
Services Team, U.S. Department of Education, 400 Maryland Avenue SW.,
Room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363.
If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: June 6, 2012.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2012-14115 Filed 6-8-12; 8:45 am]
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