[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Proposed Rules]
[Pages 26560-26563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10833]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133B-8]
Proposed Priority--National Institute on Disability and
Rehabilitation Research--Rehabilitation Research and Training Centers
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority for the Rehabilitation
Research and Training Center (RRTC) Program administered by the
National Institute on Disability and Rehabilitation Research (NIDRR).
Specifically, this notice proposes a priority for an RRTC on Disability
in Rural Areas. The Assistant Secretary may use this priority for
competitions in fiscal year (FY) 2013 and later years. We take this
action to focus research attention on areas of national need. We intend
the priority to contribute to improved outcomes for individuals with
disabilities who live in rural areas.
DATES: We must receive your comments on or before June 6, 2013.
ADDRESSES: Address all comments about this notice to Marlene Spencer,
U.S. Department of Education, 400 Maryland Avenue SW., Room 5133,
Potomac Center Plaza (PCP), Washington, DC 20202-2700.
If you prefer to send your comments by email, use the following
address: marlene.spencer@ed.gov. You must include the phrase ``Proposed
Priority for an RRTC on Disability in Rural Areas'' in the subject line
of your electronic message.
FOR FURTHER INFORMATION CONTACT: Marlene Spencer. 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 proposed priority is in
concert with NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (Plan).
The Plan, which was published in the Federal Register on April 4, 2013
(78 FR 20299), can be accessed on the Internet at the following site:
http://www.gpo.gov/fdsys/pkg/FR-2013-04-04/pdf/2013-07879.pdf.
Through the implementation of the Plan, NIDRR seeks to improve
outcomes
[[Page 26561]]
for individuals with disabilities in the domains of health and
function, employment, and community living through comprehensive
programs of research, engineering, training, technical assistance, and
knowledge translation and dissemination. The Plan reflects NIDRR's
commitment to quality, relevance, and balance in its programs to ensure
appropriate attention to all aspects of well-being of individuals with
disabilities and to all types and degrees of disability, including low-
incidence and severe disabilities.
This notice proposes one priority, which NIDRR intends to use for a
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 using this
priority. The decision to make an award will be based on the quality of
applications received and available funding.
Invitation to Comment: We invite you to submit comments regarding
this priority. To ensure that your comments have maximum effect in
developing the final priority, we urge you to identify clearly the
specific topic that each comment addresses.
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 proposed priority in room 5133, 550 12th Street
SW., PCP, 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.
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).
Rehabilitation Research and Training Centers
The purpose of the RRTCs, which are funded through the Disability
and Rehabilitation Research Projects and Centers Program, is to achieve
the goals of, and improve the effectiveness of, services authorized
under the Rehabilitation Act, as amended, through advanced research,
training, technical assistance, and dissemination activities in general
problem areas, as specified by NIDRR. These activities are designed to
benefit rehabilitation service providers, individuals with
disabilities, and the family members or other authorized
representatives of individuals with disabilities. Additional
information on the RRTC program can be found at: www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.
Program Authority: 29 U.S.C. 762(g) and 764(b)(2).
Applicable Program Regulations: 34 CFR part 350.
Proposed Priority
This notice contains one proposed priority.
RRTC on Disability in Rural Areas
Background
The rate of disability in rural areas is higher than in urban
areas. The United States Census Bureau estimates that individuals with
disabilities make up 13.2 percent of the total civilian,
noninstitutionalized population who live in rural communities. By
comparison, the comparable rate of disability in urban areas
(metropolitan and micropolitan) is 11.6 percent (U.S. Census Bureau,
2011a).
Living in a rural environment presents unique challenges. Compared
to those living in nonrural areas, people living in rural areas tend to
be more geographically dispersed and generally have less access to
public transportation (Brown, 2008), employment and educational
opportunities (White House Council of Economic Advisors, 2010; Brown,
2008), and health networks and health care providers (Jones et al.
2009; West and Mackenzie, 2011). Further, significantly fewer
individuals living in rural areas have high-speed broadband connections
for their computers or telecommunications devices, which affects many
aspects of their life (Federal Communications Commission, 2011).
NIDRR funds research on the experiences and outcomes of individuals
with disabilities in the following three domains: Health and function,
employment, and community living and participation. Individuals with
disabilities who live in rural areas where essential services are often
limited face difficulties in each of these domains. For example,
limited networks of doctors in rural areas often make it difficult for
individuals with disabilities to find local primary care and specialty
doctors who understand their disabling conditions and their related
health care needs (Iezzoni, Killeen, & O'Day, 2006).
The types and rates of community participation and social
engagement also differ between individuals with disabilities in rural
and nonrural areas. Individuals with disabilities who live in rural
areas are less likely to be employed than those in nonrural areas (U.S.
Census Bureau, 2011b), and rural vocational rehabilitation clients with
severe disabilities are less likely than those with severe disabilities
in nonrural areas to achieve successful employment outcomes (Lustig,
Weems & Strauser, 2004). In contrast, people with disabilities in rural
areas have been found to be more likely than individuals with
disabilities living in nonrural areas to participate in volunteer work
and to attend community events (Nicholson & Cooper, 2012; McPhedran,
2011). Limited research suggests that individuals with disabilities who
live in rural and nonrural areas have similar rates of contact with
people across a wide range of settings but that individuals with
disabilities in rural areas may not have as many close social
relationships as those in nonrural areas (Nicholson & Cooper, 2012).
Research is needed in each of NIDRR's domains to generate new
knowledge about the the experiences and outcomes of individuals with
disabilities who are living in rural areas. This new knowledge is
needed to improve the systems that provide support and services to
individuals with disabilities in rural areas and their families.
Specifically, there is a need for additional research to identify
programs or interventions that can lead to improved employment, health
and function, and community living and
[[Page 26562]]
participation outcomes for individuals with disabilities in rural
areas.
References
Brown, D. 2008. Public transportation on the move in rural America.
Washington, DC: Economic Research Service, U.S. Department of
Agriculture. Retrieved from: www.nal.usda.gov/ric/ricpubs/publictrans.htm.
Federal Communications Commission (2011). Bringing broadband to
rural America: Update to report on a rural broadband strategy.
Retrieved from: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307877A1.pdf.
Iezzoni, L., Killeen, M., and O'Day, B. (2006). Rural residents with
disabilities confront substantial barriers to obtaining primary
care. Health Services Research, 41(4), 1258-1275.
Jones, C. A., Parker, T. S., Ahearn, M., Mishra, A.K., & Variyam,
J.N. (2009). Health Status and Health Care Access of Farm and Rural
Populations, Economic Information Bulletin, no. 57. Washington, DC:
United States Department of Agriculture, Economic Research Service.
Retrieved from: www.ers.usda.gov/media/155453/eib57_1_.pdf.
Lustig, D., Weems, G., and Strauser, D. (2004). Rehabilitation
service patterns: A rural/urban comparison of success factors.
Journal of Rehabilitation, 70(3), 13-19.
McPhedran, S. (2011). Disability and community life. Does regional
living enhance social participation? Journal of Disability Policy
Studies, 22(1), 40-54.
Nicholson, L., Cooper, S. (2012). Social exclusion and people with
intellectual disabilities: a rural-urban comparison. Journal of
Intellectual Disability Research. Retrieved from: http://onlinelibrary.wiley.com/doi/10.1111/j.1365-2788.2012.01540.x/pdf.
U.S. Census Bureau. (2011a). Percent of people with a disability--
United States--Urban/Rural and Inside/Outside Metropolitan and
Micropolitan Area. Retrieved from: http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_11_3YR_GCT1810.US26&prodType=table.
U.S. Census Bureau. (2011b). Employment to population ratio for
people with a disability. Retrieved from: http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_11_3YR_GCT1811.US26&prodType=table.
West, A. & Mackenzie, T. (2011). Time Trends in Expenditures for
Rural Veterans' Healthcare, Journal of Rural Social Sciences, 26(3),
181-200.
White House Council of Economic Advisors (2010), Strengthening the
Rural Economy--The Current State of Rural America.'' Retrieved from:
www.whitehouse.gov/administration/eop/cea/factsheets-reports/strengthening-the-rural-economy/the-current-state-of-rural-america.
Proposed Priority
The Assistant Secretary for Special Education and Rehabilitative
Services proposes a priority for a Rehabilitation Research and Training
Center (RRTC) on Disability in Rural Areas. This RRTC must conduct
rigorous research, and provide training, technical assistance, and
information to improve the outcomes of individuals with disabilities
who live in rural areas. The RRTC must:
(a) Conduct research that examines experiences and outcomes of
individuals with disabilities who live in rural areas and apply the
research findings to develop interventions that improve those outcomes.
Applicants must focus their research activities on topics that fall
under at least one of the following major life domains identified in
NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299):
Employment, Community Living and Participation, or Health and Function;
(b) Serve as a national resource center for individuals with
disabilities living in rural areas, their families, service and support
providers, and other stakeholders by conducting knowledge translation
activities that include, but are not limited to:
(1) Providing information and technical assistance to service
providers, individuals with disabilities living in rural areas and
their representatives, and other key stakeholders;
(2) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation service providers and other
disability service providers, to facilitate more effective delivery of
services to individuals with disabilities living in rural areas. This
training may be provided through conferences, workshops, public
education programs, in-service training programs, and similar
activities;
(3) Disseminating research-based information and materials related
to living with a disability in rural areas; and
(c) Involve individuals with disabilities who live in rural areas
in planning and implementing the RRTC's activities, and in evaluating
the RRTC's work.
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 stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to
[[Page 26563]]
review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this 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 proposed priority only upon a reasoned
determination that its benefits would justify its costs. In choosing
among alternative regulatory approaches, we selected those approaches
that would maximize net benefits. Based on the analysis that follows,
the Department believes that this proposed priority is consistent with
the principles in Executive Order 13563.
We also have determined that this 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 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. Projects
similar to the RRTCs have been completed successfully, and the proposed
priority will generate new knowledge through research. The new RRTCs
will generate, disseminate, and promote the use of new information that
would improve outcomes for individuals with disabilities who live in
rural areas in the areas of community living and participation,
employment, and health and function.
Intergovernmental Review: This program is not subject to Executive
Order 12372 and the regulations in 34 CFR part 79.
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 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: 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. 2013-10833 Filed 5-6-13; 8:45 am]
BILLING CODE 4000-01-P