[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22783-22785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09060]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133A-8]
Final Priority; National Institute on Disability and
Rehabilitation Research--Disability and Rehabilitation Research
Projects and Centers Program--Disability Rehabilitation Research
Project
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priority.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority for a Disability
Rehabilitation Research Project (DRRP) on Knowledge Translation for
Technology Transfer under the Disability and Rehabilitation Research
Projects and Centers program administered by the National Institute on
Disability and Rehabilitation Research (NIDRR). The Assistant Secretary
may use this priority for a competition in fiscal year (FY) 2013 and
later years. We take this action to focus research attention on areas
of national need. We intend this priority to improve outcomes for
individuals with disabilities.
DATES: Effective Date: This priority is effective May 17, 2013.
FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5133, Potomac Center Plaza
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-7532 or by
email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program
This notice of final priority is in concert with NIDRR's currently
approved Long-Range Plan (Plan). The Plan, which was published in the
Federal Register on February 15, 2006 (71 FR 8165), can be accessed on
the Internet at the following site: www.ed.gov/about/offices/list/osers/nidrr/policy.html.
Through the implementation of the Plan, NIDRR seeks to: (1) Improve
the quality and utility of disability and rehabilitation research; (2)
foster an exchange of expertise, information, and training methods to
facilitate the advancement of knowledge and understanding of the unique
needs of traditionally underserved populations; (3) determine the best
strategies and programs to improve rehabilitation outcomes for
underserved populations; (4) identify research gaps; (5) identify
mechanisms for integrating research and practice; and (6) disseminate
findings.
This notice announces a priority that NIDRR intends to use for a
DRRP competition in FY 2013 and possibly later years. However, nothing
precludes NIDRR from publishing additional priorities, if needed.
Furthermore, NIDRR is under no obligation to make an award for this
priority. The decision to make an award will be based on the quality of
applications received and available funding.
The purpose of the Disability and Rehabilitation Research Projects
and Centers Program is to plan and conduct research, demonstration
projects, training, and related activities, including international
activities, to develop methods, procedures, and rehabilitation
technology that maximize the full inclusion and integration into
society, employment, independent living, family support, and economic
and social self-sufficiency of individuals with disabilities,
especially individuals with the most severe disabilities, and to
improve the effectiveness of services authorized under the
Rehabilitation Act of 1973, as amended (Rehabilitation Act).
The purpose of DRRPs, which are under NIDRR's Disability and
Rehabilitation Research Projects and Centers Program, is to improve the
effectiveness of services authorized under the Rehabilitation Act of
1973, as amended, by developing methods, procedures, and rehabilitation
technologies that advance a wide range of independent living and
employment outcomes for individuals with disabilities, especially
individuals with the most severe disabilities. DRRPs carry out one or
more of the following types of activities, as specified and defined in
34 CFR 350.13 through 350.19: Research, training, demonstration,
development, dissemination, utilization, and technical assistance. An
applicant for assistance under this program must demonstrate in its
application how it will address, in whole or in part, the needs of
individuals with disabilities from minority backgrounds (34 CFR
350.40(a)). The approaches an applicant may take to meet this
requirement are found in 34 CFR 350.40(b). In addition, NIDRR intends
to require all DRRP applicants to meet the priority on General DRRP
Requirements that it published in a notice of final priorities in the
Federal Register on April 28, 2006 (71 FR 25472).
Additional information on the DRRP program can be found at: http://www2.ed.gov/rschstat/research/pubs/res-program.html#DRRP.
Program Authority: 29 U.S.C. 762(g) and 764(a).
Applicable Program Regulations: 34 CFR part 350.
We published a notice of proposed priority for this program in the
Federal Register on January 15, 2013 (78 FR 2923). That notice
contained background information and our reasons for proposing the
particular priority.
There are no differences between the proposed priority and this
final priority.
Public Comment: In response to our invitation in the notice of
proposed priority, 10 parties submitted comments on the proposed
priority. Nine of these parties submitted comments that are wholly
supportive of NIDRR's proposed Center. One commenter submitted
supportive comments, as well as two specific suggestions for the
priority.
Generally, we do not address technical and other minor changes.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority since publication of the notice of
proposed priority follows.
Comment: One commenter suggested that NIDRR explicitly require the
Center to collaborate with other NIDRR-funded knowledge translation
grantees.
Discussion: NIDRR agrees with this suggestion. However, NIDRR plans
to manage this collaboration through the General Disability and
Rehabilitation Research Projects (DRRP) Requirements priority. These
requirements will be provided in the notice inviting applications and
the application package for this competition. The relevant requirement
states that all DRRPs must ``Coordinate on research projects of mutual
interest with relevant NIDRR-funded projects, as identified through
consultation with the NIDRR project officer.'' After an award is made
under this priority, the NIDRR Project Officer will work with the
grantee to identify the appropriate NIDRR-funded projects with which
the Center must collaborate, including other NIDRR-funded knowledge
translation grantees.
Changes: None.
Comment: One commenter suggested that NIDRR require the Center to
identify effective approaches that have been used by NIDRR technology
grantees to bring their products to the marketplace.
Discussion: NIDRR generally agrees that the identification of
effective approaches to technology transfer may
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help fulfill the stated outcomes of the priority. However, we have
purposefully left such prescriptive detail out of the priority so that
applicants can propose a wide range of activities to meet the outcome
of improved technology transfer among NIDRR's technology grantees. The
merits of each application will be determined by the peer review
process.
Changes: None.
FINAL PRIORITY:
DRRP for Center on Knowledge Translation for Technology Transfer
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for a Disability and Rehabilitation
Research Project to serve as the Center on Knowledge Translation for
Technology Transfer (Center). The Center must conduct rigorous
research, development, technical assistance, dissemination, and
utilization activities to increase successful technology transfer of
rehabilitation technology products and devices developed by NIDRR-
funded technology grantees.
In planning and conducting all activities, the Center must partner
with relevant stakeholders such as NIDRR's technology grantees, trade
and professional associations, industry representatives, individuals
with disabilities, and others.
Under this priority, the Center must be designed to contribute to
the following outcomes:
(a) Increased rate of successful technology transfer of
rehabilitation technology products developed by NIDRR-funded technology
grantees to the marketplace, into engineering standards, or into other
intended applications;
(b) Increased understanding among rehabilitation engineers and
others engaged in disability research and development of technology
transfer processes and practices that lead to successful transfer of
rehabilitation technology products to the marketplace, into engineering
standards, or into other intended applications;
(c) Increased capacity of NIDRR's technology grantees to plan and
to engage in technology transfer activities.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this final priority only on a reasoned determination
that its benefits justify its costs. In choosing among alternative
regulatory approaches, we selected those approaches that maximize net
benefits. Based on the analysis that follows, the Department believes
that this regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for
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administering the Department's programs and activities.
Summary of potential costs and benefits:
The benefits of the Disability and Rehabilitation Research Projects
and Centers Programs have been well established over the years in that
similar projects have been completed successfully. This final priority
will generate new knowledge through research and development.
Another benefit of the final priority is that establishing new
DRRPs will improve the lives of individuals with disabilities. The new
DRRPs will provide support and assistance for NIDRR grantees as they
generate, disseminate, and promote the use of new information that will
improve the options for individuals with disabilities to perform
regular activities of their choice in the community.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) by contacting the Grants and Contracts
Services Team, U.S. Department of Education, 400 Maryland Avenue SW.,
Room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363.
If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: April 12, 2013.
Michael Yudin,
Delegated the authority to perform the functions and duties of
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-09060 Filed 4-16-13; 8:45 am]
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