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[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Proposed Rules]
[Pages 26560-26563]
From the Federal Register Online via the Government Printing 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
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