[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Rules and Regulations]
[Pages 26509-26513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10823]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133A-1]
Final Priority; National Institute on Disability and
Rehabilitation Research--Disability and Rehabilitation Research
Projects--Inclusive Cloud and Web Computing
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 under the Disability
Rehabilitation Research Projects and Centers Program administered by
the National Institute on Disability and Rehabilitation Research
(NIDRR). Specifically, this document announces a priority for a
Disability Rehabilitation Research Project (DRRP) on inclusive cloud
and Web computing. 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 June 6, 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: 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).
Disability and Rehabilitation Research Projects
The purpose of NIDRR's DRRPs, which are funded through the
Disability and Rehabilitation Research Projects and Centers Program, is
to improve the effectiveness of services authorized under the
Rehabilitation Act, 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).
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 2919). That notice
contained background information and our reasons for proposing the
particular priority.
There are differences between the notice of proposed priority and
this notice of final priority as discussed in the Analysis of Comments
and Changes section in this notice. In addition, we inadvertently
stated in the Summary section of the notice of proposed priority, that
we intend this priority to contribute to improved employment outcomes
for individuals with disabilities. NIDRR did not intend to convey that
this priority is focused exclusively on employment outcomes for
individuals with disabilities. We have corrected the summary statement
in this notice.
Public Comment: In response to our invitation in the notice of
proposed priority, four parties submitted comments.
Generally, we do not address technical and other minor changes, or
suggested changes the law does not authorize us to make under the
applicable statutory authority. 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 suggested the priority address natural
language processing and ways to determine how to make Web content and
interactions easier to understand for individuals with mental
disabilities. Specifically, the commenter suggested research on: ways
to assess perceptions of individuals with mental disabilities, the
effects of technology across multiple life contexts, and understandable
cloud and Web computing languages.
Discussion: Determining how to make Web content and interactions
easier to understand for individuals with mental disabilities is
consistent with the proposed priority, which requires the DRRP to
contribute to the development of an inclusive cloud and Web
infrastructure that incorporates options for disability access within
its general structure. Nothing in the priority would preclude an
applicant from proposing research in this area. However, NIDRR
[[Page 26510]]
does not wish to further specify the research and development areas or
target populations, because we do not want to limit the number and
breadth of applications submitted under this priority. The peer review
process will determine the merits of each proposal.
Change: None.
Comment: One commenter suggested the priority require the inclusion
of individuals with disabilities on the teams that develop the cloud
and Web technologies contemplated by the priority. In this context, the
commenter also suggested that the proposed teams address authentication
technology, such as easy-to-understand processes for logging onto the
Web.
Discussion: NIDRR agrees that it is important for its grantees to
include individuals with disabilities in research and development plans
and activities. The General Disability and Rehabilitation Research
Projects Requirements priority (71 FR 25472), which we apply to all
DRRP competitions, requires that DRPPs ``involve individuals with
disabilities in planning and implementing the DRPP's research,
training, and dissemination activities, and in evaluating its work.''
This requirement allows all applicants the flexibility to propose how
they will include individuals with disabilities in their activities.
The specific research and development topic suggested by the
commenter--authentication technology--is consistent with the proposed
priority, which requires the DRRP to contribute to the development of
an inclusive cloud and Web infrastructure that incorporates options for
disability access within its general structure. The peer review process
will determine the merits of each proposal.
Change: None.
Comment: One commenter suggested that the priority address the
creation of inclusive, cross-platform, Web-based applications that can
be modified easily in response to user accessibility issues, as well as
the development of tools to support testing user interfaces in leisure
contexts.
Discussion: The topics suggested by the commenter are generally
consistent with the priority. The priority requires the DRRP to
contribute to the development of an inclusive cloud and Web
infrastructure that incorporates options for disability access within
its general structure, which would include modifiable options. Further,
nothing in the priority would preclude an applicant from proposing
research on user interfaces related to engagement in leisure
activities. The peer review process will determine the merits of each
proposal.
Change: None.
Comment: One commenter suggested that the priority address
information management topics, including how to manage user profiles
and accessibility options over time, as technology evolves. The
commenter noted that research on information management by individuals
with disabilities and those in their support circles is needed to
determine how technology use may influence an individual's sense of
time management, competence, and connectedness to others.
Discussion: The topics suggested by the commenter are consistent
with the proposed priority, which requires the DRRP to contribute to
the development of an inclusive cloud and Web infrastructure that
incorporates options for disability access within its general
structure. Nothing in the priority would preclude an applicant from
proposing research in these areas. However, NIDRR does not wish to
further specify the research requirements in the way suggested by the
commenter because we do not want to limit the number and breadth of
applications submitted under this priority. The peer review process
will determine the merits of each proposal.
Change: None.
Comment: One commenter suggested that the priority address the
social impact of individuals with disabilities sharing Web
accessibility experiences and approaches. The commenter also suggested
that the priority address research on the relationship between
inclusive cloud and Web design and self-determination.
Discussion: NIDRR agrees that the social impact of cloud and Web
technology is important, particularly as it affects participation and
social networks. The topics suggested by the commenter may be
consistent with the priority if they are framed to meet the purpose of
the priority, which is to contribute to the development of an inclusive
cloud and Web infrastructure that incorporates options for disability
access within its general structure. This includes identifying,
designing, prototyping, and assessing promising methods and systems for
a cloud and Web infrastructure that addresses the needs of individuals
with disabilities. For example, Table 1 of the priority includes a
suggested research question, ``How to enable individuals with
disabilities to share accessibility experiences and approaches.''
Change: None.
Comment: Three commenters stated that the needs of individuals with
disabilities cannot be addressed with a sole focus on technology and
that one of the primary factors limiting technology utilization for
individuals with disabilities is the high poverty rate experienced by
this population. The commenters noted the prohibitive costs of
assistive technology required to use the Internet. The commenters
recommended that the proposed priority be revised to include a focus on
the relationship between poverty and disability.
Discussion: NIDRR agrees that poverty affects technology and Web
utilization by individuals with disabilities, in part because
individuals with disabilities currently are required to purchase
separate accessibility software and assistive devices for each device
they use to access the Web. However, the DRRP on inclusive cloud and
Web computing is designed specifically to contribute to the development
of an inclusive cloud and Web infrastructure that incorporates options
for disability access within its general structure. A more inclusive
infrastructure may reduce the need for individuals with disabilities to
purchase separate equipment and thereby reduce the economic burden of
Web use by individuals with disabilities.
Nothing in the priority precludes an applicant from proposing
research questions specific to poverty, as long as the research
questions are framed to meet the purpose and requirements of the
priority. However, NIDRR does not wish to further specify the research
requirements in the way suggested by the commenter because we do not
want to limit the number and breadth of applications submitted under
this priority. The peer review process will determine the merits of
each proposal.
Change: None.
Comment: Three commenters stated that the proposed priority focuses
on the development of technologies and products solely for the benefit
of individuals with disabilities and recommended a change to make the
final priority more focused on the development of universally designed
products.
Discussion: For purposes of this priority, NIDRR uses the term
``inclusive cloud and Web infrastructure'' to mean the same thing as a
``universally designed'' cloud and Web infrastructure. An inclusive
cloud and Web infrastructure is one that is accessible to a wide range
of individuals, including individuals with disabilities. Contributions
to the development of an inclusive cloud and Web infrastructure may
reduce the need for specialized adaptations or the
[[Page 26511]]
purchase of assistive technology equipment.
NIDRR would also like to note that the purpose of the DRRP is not
to develop technologies and products, as suggested by the commenter,
but to develop methods of, systems for, and technical approaches to
developing an inclusive cloud and Web infrastructure. The proposed
priority requires the DRRP to ``identify, design, prototype, and assess
promising methods and systems for, and technical approaches to
designing, a cloud and Web infrastructure that addresses the needs of
individuals with disabilities.'' If the grantee under this priority is
successful in contributing to the development of a more universally-
designed and inclusive cloud and Web infrastructure, there is likely to
be a stronger foundation for the further development of universally
designed products for widespread use, as suggested by the commenter.
Change: None.
Comment: Three commenters recommended that the final priority
require research that is related to the employment of individuals with
disabilities. The commenters also noted that none of the research
questions included in Table 1 of the proposed priority addresses
employment.
Discussion: NIDRR agrees that employment is a critical outcome for
the population of individuals with disabilities. We have developed this
priority because we believe that a more inclusive cloud and Web
infrastructure is likely to contribute to improved employment outcomes
for individuals with disabilities. With a more inclusive cloud and Web
infrastructure, for example, individuals with disabilities are likely
to have more direct access to the Web without the need for additional
assistive technologies, thereby creating opportunities to search and
apply for jobs and engage in work online.
The priority requires applicants to address at least one of the
research questions in Table 1 but also allows applicants to focus on
additional research questions not reflected in Table 1. If applicants
choose to focus on additional research questions, such as those related
to employment, they must explain how work on the additional question or
questions will advance disability access in cloud and Web
infrastructure design.
In sum, nothing in the priority precludes an applicant from
proposing research related to employment, as long as the research
questions are framed to meet the requirements of the priority. However,
NIDRR does not wish to further specify the research requirements in the
way suggested by the commenters because we do not want to limit the
number and breadth of applications submitted under this priority. The
peer review process will determine the merits of each proposal.
Change: None.
Comment: None.
Discussion: In the proposed priority, Table 1 is located in the
background section, which will not be published as part of this notice
of final priority. Because the contents of Table 1 are integral to the
priority and its requirements, we are including it in the priority.
Change: NIDRR has included the text of Table 1 in the text of the
final priority.
FINAL PRIORITY:
DRRP on Inclusive Cloud and Web Computing.
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for a Disability and Rehabilitation
Research Project (DRRP) on inclusive cloud and Web computing. The DRRP
must contribute to the development of an inclusive cloud and Web
infrastructure that incorporates options for disability access within
its general structure.
To contribute to this initiative, the DRRP must--
(1) Identify, design, prototype, and assess promising methods and
systems for, and technical approaches to designing, a cloud and Web
infrastructure that addresses the needs of individuals with
disabilities. The DRRP must address at least one of the research
questions outlined in Table 1. Applicants may also choose to address
additional research questions not reflected in Table 1. In that case,
the application must fully explain how work on the additional topic or
topics proposed by the applicant will advance disability access in
cloud and Web infrastructure design.
(2) Conduct knowledge translation activities (e.g., training,
technical assistance, dissemination, collaboration) in order to
facilitate use of the research results by key stakeholders (e.g.,
individuals with disabilities, computer scientists, other researchers
and software developers working on accessibility technology, policy
makers, international partners).
(3) Demonstrate meaningful involvement by key stakeholder groups
(e.g., individuals with disabilities, computer scientists, software
developers and researchers working on accessibility technology, policy
makers, international partners) in order to maximize the relevance and
usability of the research conducted under this priority. Involvement
may include, but is not limited to, participation in a
multidisciplinary research team, advisory board, focus group, or other
participatory action research method.
Table 1--Research Questions of Importance in Developing Inclusive Cloud and Web Computing Infrastructure
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Research questions Possible computer science approaches
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How to make content and interactions easier Natural language processing.
to understand for individuals with mental
disabilities.
How to make it easier for individuals with Authentication technology.
disabilities to log on to the Web.
How to change the presentation of Adaptive user interfaces.
information on Web pages to respond to
difficulties encountered by individuals
with disabilities.
How to manage user profiles and Federated information management.
accessibility options over time, as
technology evolves.
How to make software more easily modifiable Software architecture.
to meet individual needs.
How to improve the ability of software tools Automated user interface testing.
to identify accessibility problems in
documents.
How to enable individuals with disabilities Social computing.
to share accessibility experiences and
approaches.
How to incorporate specific accessibility Software design.
features (e.g., closed captioning, volume
control, video description, screen reader
technology, accessible user interfaces)
into an inclusive Web infrastructure.
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[[Page 26512]]
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.
The benefits of the Disability and Rehabilitation Research Projects
and Centers Program have been well established over the years, as
projects similar to the one envisioned by the final priority have been
completed successfully. Establishing a new DRRP based on the final
priority would generate new knowledge through research and development
and improve the lives of individuals with disabilities. The new DRRP
would generate, disseminate, and promote the use of new information
that would 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.
[[Page 26513]]
Dated: May 1, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of the
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-10823 Filed 5-6-13; 8:45 am]
BILLING CODE 4000-01-P