27038 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

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 DRRP envisioned by the 

final priority have been completed 

successfully. Establishing a DRRP based 

on the final priority will generate new 

knowledge through research and 

improve the lives of individuals with 

disabilities. The new DRRP will 

generate, disseminate, and promote the 

use of new information that will 

improve the options for individuals 

with traumatic brain injuries to fully 

participate in their communities. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

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 6, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and the duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–11081 Filed 5–8–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Numbers: 84.133B–3, 84.133B–4, 

84.133B–5, and 84.133B–6] 

Final Priorities; National Institute on 

Disability and Rehabilitation 

Research—Rehabilitation Research 

and Training Centers 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priorities. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces priorities for the 

Disability and Rehabilitation Research 

Projects and Centers Program 

administered by the National Institute 

on Disability and Rehabilitation 

Research (NIDRR). Specifically, we 

announce priorities for Rehabilitation 

Research and Training Centers (RRTCs) 

on Community Living and Participation 

for Individuals with Physical 

Disabilities (Priority 1), Employment of 

Individuals with Physical Disabilities 

(Priority 2), Health and Function of 

Individuals with Intellectual and 

Developmental Disabilities (Priority 3), 

and Community Living and 

Participation for Individuals with 

Intellectual and Developmental 

Disabilities (Priority 4). If an applicant 

proposes to conduct research under 

these priorities, the research must be 

focused on one of the four stages of 

research defined in this notice. The 

Assistant Secretary may use these 

priorities 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 these 

priorities to improve outcomes among 

individuals with disabilities. 

DATES: Effective Date: These priorities 

are effective June 10, 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: 

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: 

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 


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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 selfsufficiency 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 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/resprogram.html#RRTC. 

Program Authority: 29 U.S.C. 762(g) 

and 764(b)(2)(A). 

Applicable Program Regulations: 34 

CFR part 350. 

We published a notice of proposed 

priorities in the Federal Register on 

February 12, 2013 (78 FR 9869). That 

notice contained background 

information and our reasons for 

proposing these particular priorities. 

There are differences between the 

notice of proposed priorities and this 

notice of final priorities as discussed in 

the Analysis of Comments and Changes 

of this notice. Public Comment: In 

response to our invitation in the notice 

of proposed priorities, eight parties 

submitted comments on the proposed 

priorities. 

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 

priorities. 

Analysis of Comments and Changes: 

An analysis of the comments and of any 

changes in the priorities since 

publication of the notice of proposed 

priorities follows. 

RRTC on Community Living and 

Participation for Individuals With 

Physical Disabilities (Priority 1) 

We received no comments on this 

priority. 

RRTC on Employment of Individuals 

With Physical Disabilities (Priority 2) 

Comment: One commenter suggested 

that NIDRR modify the priority to focus 

research on initiatives for the 

employment of people with physical 

disabilities by private industry and 

entrepreneurs. 

Discussion: Nothing in the priority 

precludes an applicant from proposing 

research on the efforts of private 

industry and entrepreneurs to hire 

people with disabilities. However, 

NIDRR does not wish to further specify 

the research requirements in the way 

suggested by the commenter and 

thereby limit the number and breadth of 

applications submitted under this 

priority. The peer review process will 

determine the merits of each proposal. 

Changes: None. 

Comment: Two commenters noted 

that this employment-focused RRTC 

priority is aimed only at improving 

outcomes for individuals with physical 

disabilities. These commenters 

discussed the importance of 

employment outcomes for individuals 

with intellectual and developmental 

disabilities (ID/DD) and requested that 

individuals with ID/DD be included in 

the target population for this 

employment priority. 

Discussion: By focusing the priority 

on employment outcomes for 

individuals with physical disabilities, 

NIDRR did not intend to convey that 

employment is not important to 

individuals in other target populations. 

Rather, we are following the framework 

described in NIDRR’s Long-Range Plan 

for Fiscal Years 2013–2017 (78 FR 

20299) (Plan), in which we discuss our 

commitment to funding RRTCs that are 

balanced across NIDRR’s three domains 

(employment, health and function, and 

community living and participation), 

and across broad target populations. In 

future years, NIDRR plans to fund 

employment centers that are focused on 

each of the specific target populations 

described in the Plan, including 

individuals with ID/DD. 

Changes: None. 

RRTC on Health and Function of 

Individuals With Intellectual and 

Developmental Disabilities (Priority 3) 

We received no comments on this 

priority. 

RRTC on Community Living and 

Participation for Individuals With 

Intellectual and Developmental 

Disabilities (Priority 4) 

Comment: Four commenters 

discussed the importance of 

employment outcomes for individuals 

with ID/DD. These commenters 

requested that NIDRR include 

employment as a specific area of 

community living research, either by 

expanding the scope of paragraph (a) or 

by expanding the list of priority areas 

under (a) to include employment. 

Discussion: In our Plan, NIDRR 

distinguishes between ‘‘employment 

outcomes’’ and ‘‘community living and 

participation outcomes.’’ These outcome 

domains define specific fields of 

research and different service delivery 

systems and programs. In future years, 

NIDRR plans to fund RRTCs focused on 

the employment of the target 

populations identified in the Plan, 

including individuals with ID/DD. 

Under this priority, NIDRR seeks to 

fund research, training, technical 

assistance, and related activities that are 

focused specifically on improving 

community living and participation 

outcomes for individuals with ID/DD. 

While some applicants may choose to 

include employment as an outcome that 

is integral to community living and 

participation, we do not want to limit 

the number and breadth of applications 

submitted under this priority by 

requiring all applicants to do so. The 

peer review process will determine the 

merits of each application. 

Changes: None. 

Comments on All Four Priorities 

Comment: Two commenters noted 

that each of the four RRTC priorities 

includes a requirement (paragraph 

(c)(ii)) to provide training to 

rehabilitation providers and other 

disability service providers, in order to 

facilitate more effective delivery of 

services. These commenters suggested 

that by limiting the recipients of the 

required training to service providers, 

NIDRR may be limiting the knowledge 

that is available to consumers, and 

reinforcing the knowledge barrier 

between service providers and 

consumers. These commenters 

suggested that NIDRR modify paragraph 

(c)(ii) in each priority to require the 

RRTCs to provide training to consumers 

and service providers. 

Discussion: The requirements in 

paragraph (c)(ii) are based directly on 

the Federal regulations that govern our 

administration of the RRTC program. 

The regulations in 34 CFR 350.22(b)(1) 

require that training be provided to 


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rehabilitation personnel or 

rehabilitation research personnel. We 

also note that recipients of training 

under the RRTC program may include 

rehabilitation or rehabilitation research 

personnel who have disabilities. At the 

same time, nothing in these regulations 

or in the priorities precludes applicants 

from proposing to provide training to 

individuals with disabilities, whether or 

not they are rehabilitation or 

rehabilitation research personnel. 

Changes: None. 

Comment: Two commenters raised 

questions about the broad target 

populations that are identified in each 

of the four priorities. The commenters 

noted that people with traumatic brain 

injury (TBI) or stroke have acquired 

cognitive or intellectual disabilities but 

often receive clinical services from 

rehabilitation professionals with 

expertise in physical disabilities. The 

commenters asked whether it would be 

more appropriate to submit an 

application under the priority for an 

RRTC on community living and 

participation for people with physical 

disabilities (Priority 1) or the priority for 

an RRTC on community living and 

participation for people with 

intellectual and developmental 

disabilities (Priority 4). The commenters 

suggested that NIDRR clarify the 

language related to these target 

populations so that applicants apply 

under the correct priority. 

Discussion: Individuals with disabling 

conditions, including TBI and stroke, 

could be considered in multiple target 

populations, including individuals with 

physical disabilities. An individual 

experiencing TBI as a child or youth 

might also be considered an individual 

with intellectual or developmental 

disabilities, assuming the individual 

meets the diagnostic standards. NIDRR 

purposefully outlines broad categories 

of target populations in its Plan to allow 

applicants the flexibility to choose the 

category that is most relevant to their 

research questions and purposes. The 

peer review process will determine the 

merits of each proposal. 

Changes: None. 

Comment: Four commenters noted 

their support for the focus on transition 

in each of the four priorities. These 

commenters noted that transition is a 

process that is relevant to youth and 

young adults with disabilities who are 

moving from childhood roles into adult 

roles. The commenters suggested that 

NIDRR modify the language in 

paragraph (a)(v) of each priority to 

include transition-aged youth and 

young adults. 

Discussion: NIDRR agrees that the 

process of transitioning from youth to 

adult roles involves both youth and 

young adults and will modify paragraph 

(a)(v) accordingly. 

Changes: NIDRR has modified 

paragraph (a)(v) in each priority to 

include transition-aged youth and 

young adults. 

Comments on the Definitions 

Comment: One commenter noted that 

the definitions of research stages are 

similar to those used by the Department 

of Education’s Institute of Education 

Sciences (IES). This commenter asked 

NIDRR to provide information that will 

allow applicants and reviewers to 

differentiate between the research stages 

that are defined by IES and NIDRR. 

Discussion: NIDRR consulted with IES 

about its stages of research as we 

developed the stages described in this 

notice. Although there are differences in 

terminology, the two categorizations of 

research stages are similar in that they 

describe a progression of research that 

purposefully builds knowledge toward 

the development, evaluation, and 

widespread implementation of 

interventions to improve outcomes for 

defined target populations. IES 

developed its stages for application to 

research related to education, which 

generally takes place within educational 

system and school settings. NIDRR 

developed its stages, on the other hand, 

for application in a much wider variety 

of service delivery settings, including 

the community, rehabilitation servicedelivery institutions, vocational 

rehabilitation settings, and many other 

settings in which individuals with 

disabilities live and participate. 

Changes: None. 

Comment: Two commenters noted 

that the research stages, as defined, are 

appropriate only for different stages of 

research on interventions. They noted 

that the focus on interventions does not 

allow applicants to describe the 

maturity of, or the stages involved in, 

other kinds of research, such as 

observational research or research 

toward the development of diagnostic or 

outcome assessment tools. The 

commenters suggested that NIDRR 

should acknowledge that nonintervention research can be conducted 

in stages and develop and publish 

‘‘stages of research’’ that are not focused 

on interventions. The commenters 

stated that if NIDRR does not develop 

these additional stages of research, 

applicants who propose research that 

does not fit in the current stages should 

be exempt from identifying a research 

stage. The commenters expressed 

concern that research that is not focused 

on interventions may not be assessed 

properly by peer reviewers or may be 

seen by peer reviewers as less worthy of 

funding. 

Discussion: NIDRR’s statutory 

mandate and mission compels us to 

support research that produces 

interventions (e.g., practices, programs, 

policies) with positive effects (improved 

outcomes in community living and 

participation, employment, health and 

function) on the lives of individuals 

with disabilities. In this context, we 

have provided these research stages as 

basic guidelines to help researchers 

think about, plan, and describe how 

their research is aligned with our broad 

goal of improving outcomes for 

individuals with disabilities. 

NIDRR does not plan to develop and 

publish ‘‘stages of research’’ that are not 

focused on interventions. We recognize 

that research toward the development of 

a new disability outcomes measure, for 

example, may be in an advanced or 

mature stage of measure development. 

Applicants are free to describe the 

maturity, or staging of, their proposed 

research using any framework that they 

think is appropriate. However, NIDRR 

believes that all disability and 

rehabilitation research can and should 

be categorized under the stages 

described in this notice so that it is clear 

how the research that we sponsor is 

aligned with the practical intent of our 

authorizing legislation and our mission. 

NIDRR views no single research stage 

as more important than another. By 

providing a framework for applicants to 

describe how their research is currently 

needed at a particular stage and to 

describe the foundation laid for it at 

earlier stages of research, we aim to help 

propel research from exploratory stages 

to scale-up stages in which benefits can 

be experienced by large numbers of 

individuals with disabilities. NIDRR is 

actively developing peer reviewer 

orientation strategies to ensure that peer 

reviewers understand that NIDRR values 

high-quality research at each of the 

stages described in this notice. 

Changes: None. 

Comment: Three commenters asked 

NIDRR to provide additional details in 

the definitions of the four research 

stages, noting that many research 

projects could be placed in more than 

one stage. Similarly, one commenter 

noted that the terms used to describe the 

‘‘scale-up evaluation’’ stage of research 

could be interpreted broadly and that 

this category could overlap substantially 

with the ‘‘intervention efficacy’’ stage. 

All three commenters asked for further 

clarification of the definitions of the 

stages or for illustrations and examples 

of each. 

Discussion: NIDRR has developed 

these research stages as broad guidelines 


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to help researchers think about, plan, 

and describe how their research furthers 

the aim of improving outcomes for 

individuals with disabilities. Within the 

definition of each stage, we have 

purposefully used language that allows 

applicants to categorize their proposed 

research in more than one stage 

depending on the specifics of their 

planned work. For example, throughout 

each definition, we use the word ‘‘may’’ 

instead of ‘‘must.’’ In paragraph (b) of 

each priority, NIDRR allows applicants 

the flexibility to propose ‘‘research that 

can be categorized under more than one 

of the research stages, or research that 

progresses from one stage to another.’’ 

With this flexibility, applicants may 

describe and justify the stage or stages 

of research that they are proposing. The 

peer review process will determine the 

merits of each application. 

Changes: None. 

Final Priorities 

Background 

This notice contains four priorities. 

Each priority reflects a major area or 

domain of NIDRR’s research agenda 

(community living and participation, 

health and function, and employment), 

combined with a specific broad 

disability population (physical 

disability or intellectual and 

developmental disability). 

Definitions 

The research that is proposed under 

these priorities must be focused on one 

or more stages of research. If the RRTC 

is to conduct research that can be 

categorized under more than one 

research stage, or research that 

progresses from one stage to another, 

those research stages must be clearly 

specified. For purposes of these 

priorities, the stages of research, which 

we published for comment on January 

25, 2013, are: 

(i) Exploration and Discovery means 

the stage of research that generates 

hypotheses or theories by conducting 

new and refined analyses of data, 

producing observational findings, and 

creating other sources of research-based 

information. This research stage may 

include identifying or describing the 

barriers to and facilitators of improved 

outcomes of individuals with 

disabilities, as well as identifying or 

describing existing practices, programs, 

or policies that are associated with 

important aspects of the lives of 

individuals with disabilities. Results 

achieved under this stage of research 

may inform the development of 

interventions or lead to evaluations of 

interventions or policies. The results of 

the exploration and discovery stage of 

research may also be used to inform 

decisions or priorities. 

(ii) Intervention Development means 

the stage of research that focuses on 

generating and testing interventions that 

have the potential to improve outcomes 

for individuals with disabilities. 

Intervention development involves 

determining the active components of 

possible interventions, developing 

measures that would be required to 

illustrate outcomes, specifying target 

populations, conducting field tests, and 

assessing the feasibility of conducting a 

well-designed intervention study. 

Results from this stage of research may 

be used to inform the design of a study 

to test the efficacy of an intervention. 

(iii) Intervention Efficacy means the 

stage of research during which a project 

evaluates and tests whether an 

intervention is feasible, practical, and 

has the potential to yield positive 

outcomes for individuals with 

disabilities. Efficacy research may assess 

the strength of the relationships 

between an intervention and outcomes, 

and may identify factors or individual 

characteristics that affect the 

relationship between the intervention 

and outcomes. Efficacy research can 

inform decisions about whether there is 

sufficient evidence to support ‘‘scalingup’’ an intervention to other sites and 

contexts. This stage of research can 

include assessing the training needed 

for wide-scale implementation of the 

intervention, and approaches to 

evaluation of the intervention in real 

world applications. 

(iv) Scale-Up Evaluation means the 

stage of research during which a project 

analyzes whether an intervention is 

effective in producing improved 

outcomes for individuals with 

disabilities when implemented in a realworld setting. During this stage of 

research, a project tests the outcomes of 

an evidence-based intervention in 

different settings. The project examines 

the challenges to successful replication 

of the intervention, and the 

circumstances and activities that 

contribute to successful adoption of the 

intervention in real-world settings. This 

stage of research may also include welldesigned studies of an intervention that 

has been widely adopted in practice, but 

that lacks a sufficient evidence-base to 

demonstrate its effectiveness. 

Priority 1—RRTC on Community Living 

and Participation for Individuals With 

Physical Disabilities 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for an RRTC on 

Community Living and Participation for 

Individuals with Physical Disabilities. 

The RRTC must contribute to 

maximizing the community living and 

participation outcomes of individuals 

with physical disabilities by: 

(a) Conducting research activities in 

one or more of the following priority 

areas, focusing on individuals with 

physical disabilities as a group or on 

individuals in specific disability or 

demographic subpopulations of 

individuals with physical disabilities: 

(i) Technology to improve community 

living and participation outcomes for 

individuals with physical disabilities. 

(ii) Individual and environmental 

factors associated with improved 

community living and participation 

outcomes for individuals with physical 

disabilities. 

(iii) Interventions that contribute to 

improved community living and 

participation outcomes for individuals 

with physical disabilities. Interventions 

include any strategy, practice, program, 

policy, or tool that, when implemented 

as intended, contributes to 

improvements in outcomes for 

individuals with physical disabilities. 

(iv) Effects of government practices, 

policies, and programs on community 

living and participation outcomes for 

individuals with physical disabilities. 

(v) Practices and policies that 

contribute to improved community 

living and participation outcomes for 

transition-aged youth and young adults 

with physical disabilities. 

(b) Focusing its research on one or 

more specific stages of research. If the 

RRTC is to conduct research that can be 

categorized under more than one of the 

research stages, or research that 

progresses from one stage to another, 

those stages must be clearly specified. 

These stages and their definitions are 

provided at the beginning of the Final 

Priorities section in this notice. 

(c) Serving as a national resource 

center related to community living and 

participation for individuals with 

physical disabilities, their families, and 

other stakeholders by conducting 

knowledge translation activities that 

include, but are not limited to: 

(i) Providing information and 

technical assistance to service 

providers, individuals with physical 

disabilities and their representatives, 

and other key stakeholders; 

(ii) Providing training, including 

graduate, pre-service, and in-service 

training, to rehabilitation providers and 

other disability service providers, to 

facilitate more effective delivery of 

services to individuals with physical 

disabilities. This training may be 

provided through conferences, 


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workshops, public education programs, 

in-service training programs, and 

similar activities; 

(iii) Disseminating research-based 

information and materials related to 

community living and participation for 

individuals with physical disabilities; 

and 

(iv) Involving key stakeholder groups 

in the activities conducted under 

paragraph (a) in order to maximize the 

relevance and usability of the new 

knowledge generated by the RRTC. 

Priority 2—RRTC on Employment of 

Individuals With Physical Disabilities 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for an RRTC on 

Employment of Individuals with 

Physical Disabilities. 

The RRTC must contribute to 

maximizing the employment outcomes 

of individuals with physical disabilities 

by: 

(a) Conducting research activities in 

one or more of the following priority 

areas, focusing on individuals with 

physical disabilities as a group or on 

individuals in specific disability or 

demographic subpopulations of 

individuals with physical disabilities: 

(i) Technology to improve 

employment outcomes for individuals 

with physical disabilities. 

(ii) Individual and environmental 

factors associated with improved 

employment outcomes for individuals 

with physical disabilities. 

(iii) Interventions that contribute to 

improved employment outcomes for 

individuals with physical disabilities. 

Interventions include any strategy, 

practice, program, policy, or tool that, 

when implemented as intended, 

contributes to improvements in 

outcomes for individuals with physical 

disabilities. 

(iv) Effects of government practices, 

policies, and programs on employment 

outcomes for individuals with physical 

disabilities. 

(v) Practices and policies that 

contribute to improved employment 

outcomes for transition-aged youth and 

young adults with physical disabilities. 

(vi) Vocational rehabilitation (VR) 

practices that contribute to improved 

employment outcomes for individuals 

with physical disabilities. 

(b) Focusing its research on one or 

more specific stages of research. If the 

RRTC is to conduct research that can be 

categorized under more than one of the 

research stages, or research that 

progresses from one stage to another, 

those stages must be clearly specified. 

These stages and their definitions are 

provided at the beginning of the Final 

Priorities section in this notice. 

(c) Serving as a national resource 

center related to employment for 

individuals with physical disabilities, 

their families, and other stakeholders by 

conducting knowledge translation 

activities that include, but are not 

limited to: 

(i) Providing information and 

technical assistance to service 

providers, individuals with physical 

disabilities and their representatives, 

and other key stakeholders. 

(ii) Providing training, including 

graduate, pre-service, and in-service 

training, to rehabilitation providers and 

other disability service providers, to 

facilitate more effective delivery of 

employment services and supports to 

individuals with physical disabilities. 

This training may be provided through 

conferences, workshops, public 

education programs, in-service training 

programs, and similar activities. 

(iii) Disseminating research-based 

information and materials related to 

employment for individuals with 

physical disabilities. 

(iv) Involving key stakeholder groups 

in the activities conducted under 

paragraph (a) in order to maximize the 

relevance and usability of the new 

knowledge generated by the RRTC. 

Priority 3—RRTC on Health and 

Function of Individuals With 

Intellectual and Developmental 

Disabilities 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for an RRTC on the 

Health and Function of Individuals with 

Intellectual and Developmental 

Disabilities. 

The RRTC must contribute to 

maximizing the health and function 

outcomes of individuals with 

intellectual and/or developmental 

disabilities by: 

(a) Conducting research activities in 

one or more of the following priority 

areas, focusing on individuals with 

intellectual and developmental 

disabilities as a group or on individuals 

in specific disability or demographic 

subpopulations of individuals with 

intellectual and developmental 

disabilities: 

(i) Technology to improve health and 

function outcomes for individuals with 

intellectual and developmental 

disabilities. 

(ii) Individual and environmental 

factors associated with improved access 

to rehabilitation and health care and 

improved health and function outcomes 

for individuals with intellectual and 

developmental disabilities. 

(iii) Interventions that contribute to 

improved health and function outcomes 

for individuals with intellectual and 

developmental disabilities. 

Interventions include any strategy, 

practice, program, policy, or tool that, 

when implemented as intended, 

contributes to improvements in 

outcomes for the specified population. 

(iv) Effects of government practices, 

policies, and programs on health care 

access and on health and function 

outcomes for individuals with 

intellectual and developmental 

disabilities. 

(v) Practices and policies that 

contribute to improved health and 

function outcomes for transition-aged 

youth and young adults with 

intellectual and developmental 

disabilities. 

(b) Focusing its research on one or 

more specific stages of research. If the 

RRTC is to conduct research that can be 

categorized under more than one of the 

research stages, or research that 

progresses from one stage to another, 

those stages must be clearly specified. 

These stages and their definitions are 

provided at the beginning of the Final 

Priorities section in this notice. 

(c) Serving as a national resource 

center related to health and function for 

individuals with intellectual and 

developmental disabilities, their 

families, and other stakeholders by 

conducting knowledge translation 

activities that include, but are not 

limited to: 

(i) Providing information and 

technical assistance to service 

providers, individuals with intellectual 

and developmental disabilities and their 

representatives, and other key 

stakeholders. 

(ii) Providing training, including 

graduate, pre-service, and in-service 

training, to rehabilitation providers and 

other disability service providers, to 

facilitate more effective delivery of 

services to individuals with intellectual 

and developmental disabilities. This 

training may be provided through 

conferences, workshops, public 

education programs, in-service training 

programs, and similar activities. 

(iii) Disseminating research-based 

information and materials related to 

health and function for individuals with 

intellectual and developmental 

disabilities. 

(iv) Involving key stakeholder groups 

in the activities conducted under 

paragraph (a) in order to maximize the 

relevance and usability of the new 

knowledge generated by the RRTC. 


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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27043 

Priority 4—RRTC on Community Living 

and Participation for Individuals With 

Intellectual and Developmental 

Disabilities 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for an RRTC on 

Community Living and Participation for 

Individuals with Intellectual and 

Developmental Disabilities. 

The RRTC must contribute to 

improving the community living and 

participation outcomes of individuals 

with intellectual and developmental 

disabilities by: 

(a) Conducting research activities in 

one or more of the following priority 

areas, focusing on individuals with 

intellectual and developmental 

disabilities as a group or on individuals 

in specific disability or demographic 

subpopulations of individuals with 

intellectual and developmental 

disabilities: 

(i) Technology to improve community 

living and participation outcomes for 

individuals with intellectual and 

developmental disabilities. 

(ii) Individual and environmental 

factors associated with improved 

community living and participation 

outcomes for individuals with 

intellectual and developmental 

disabilities. 

(iii) Interventions that contribute to 

improved community living and 

participation outcomes for individuals 

with intellectual and developmental 

disabilities. Interventions include any 

strategy, practice, program, policy, or 

tool that, when implemented as 

intended, contributes to improvements 

in outcomes for individuals with 

disabilities. 

(iv) Effects of government practices, 

policies, and programs on community 

living and participation outcomes for 

individuals with intellectual and 

developmental disabilities. 

(v) Practices and policies that 

contribute to improved community 

living and participation outcomes for 

transition-aged youth and young adults 

with intellectual and developmental 

disabilities. 

(b) Focusing its research on one or 

more specific stages of research. If the 

RRTC is to conduct research that can be 

categorized under more than one of the 

research stages, or research that 

progresses from one stage to another, 

those stages must be clearly specified. 

These stages and their definitions are 

provided at the beginning of the Final 

Priorities section in this notice. 

(c) Serving as a national resource 

center related to community living and 

participation for individuals with 

intellectual and developmental 

disabilities, their families, and other 

stakeholders by conducting knowledge 

translation activities that include, but 

are not limited to: 

(i) Providing information and 

technical assistance to service 

providers, individuals with intellectual 

and developmental disabilities and their 

representatives, and other key 

stakeholders. 

(ii) Providing training, including 

graduate, pre-service, and in-service 

training, to rehabilitation providers and 

other disability service providers, to 

facilitate more effective delivery of 

services to individuals with intellectual 

and developmental disabilities. This 

training may be provided through 

conferences, workshops, public 

education programs, in-service training 

programs, and similar activities. 

(iii) Disseminating research-based 

information and materials related to 

community living and participation for 

individuals with intellectual and 

developmental disabilities. 

(iv) Involving key stakeholder groups 

in the activities conducted under 

paragraph (a) in order to maximize the 

relevance and usability of the new 

knowledge generated by the RRTC. 

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 one or more of these priorities, 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); 


tkelley on DSK3SPTVN1PROD with RULES
27044 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

(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 these final priorities 

only on a reasoned determination that 

their benefits justify their 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 ones envisioned by the 

final priorities have been completed 

successfully. Establishing new RRTCs 

based on the final priorities will 

generate new knowledge through 

research and improve the lives of 

individuals with disabilities. The new 

RRTCs 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) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

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 6, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and the duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–11086 Filed 5–8–13; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3002 

[Order No. 1705; Docket No. RM2013–3] 

Agency Organization 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is following 

up on a previous rulemaking by 

amending the description of its 

organizational functions in its 

regulations. It is also replacing its 

official seal. The changes to functional 

descriptions conform to expanded 

responsibilities under a postal reform 

law. Formal adoption of the new official 

seal also conforms to the postal reform 

law. Given the administrative nature of 

the changes, comments are not required 

or requested. 

DATES: Effective June 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820. 

SUPPLEMENTARY INFORMATION: Regulatory 

history: 72 FR 33165 (June 15, 2007). 

Table of Contents 

I. Background 

II. Changes to Part 3002 

III. Effective Date 

IV. Conclusion 

I. Background 

This final rule amends the Postal 

Regulatory Commission’s organizational 

description, 39 CFR part 3002, by 

revising regulations that describe the 

agency’s jurisdiction, seal, and 

individual office components. This rule 

reflects changes to the Commission’s 

organization since the passage of the 

Postal Accountability and Enhancement 

Act (PAEA), Public Law 109–435, 120 

Stat. 3198 (2006). 

The PAEA transformed the Postal 

Rate Commission into the Postal 

Regulatory Commission, repealed 

several key sections of title 39 of the 

United States Code, and added a 

number of new statutory provisions to 

title 39. The result was a major change 

in the Commission’s regulatory 

responsibilities and authorities. In 

response to the changes made by the 

PAEA, the Commission changed its 

organizational structure to reflect its 

responsibilities under the PAEA. These 

amendments to 39 CFR part 3002 reflect 

these organizational changes. 

II. Changes to Part 3002 

The changes adopted in this order 

amend descriptions to reflect present 

Commission structure. The following 

list summarizes the impact of this order 

on the provisions of 39 CFR part 3002 

by providing a section-by-section 

analysis of the amended portions of part 

3002. In addition, below the signature of 

the Secretary at the end of this order are 

the amended sections of part 3002 

reproduced in their entireties. 

Rules 3002.2(a) and (b) are revised to 

read as set forth in the regulatory text of 

this final rule. 

The indefinite suspension of Rule 

3002.3 is lifted. 

Rule 3002.3(a) is amended by 

replacing ‘‘Postal Rate Commission’’ 

with ‘‘Postal Regulatory Commission.’’ 

Rule 3002.3(b)(1) is revised to read as 

set forth in the regulatory text of this 

final rule. 

Rule 3002.3(b)(2) is amended by 

replacing ‘‘Postal Rate Commission’’ 

with ‘‘Postal Regulatory Commission’’ 

and by replacing the former seal with 

the current seal. 

Rule 3002.3(c)(1) is amended by 

replacing ‘‘Postal Rate Commission’’ 

with ‘‘Postal Regulatory Commission’’ 

and by deleting the word ‘‘therefore.’’ 

Rule 3002.3(c)(2) is amended by 

replacing ‘‘Postal Rate Commission’’ 

with ‘‘Postal Regulatory Commission.’’ 


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