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[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43653-43655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17707]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2014-OSERS-0041]

Final Priority; National Institute on Disability and 
Rehabilitation Research--Research Fellowships Program (Also Known as 
the Mary E. Switzer Research Fellowships)

[CFDA Number: 84.133F-2.]

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for the Research 
Fellowships Program administered by the National Institute on 
Disability and Rehabilitation Research (NIDRR). Specifically, this 
notice announces a priority for a Distinguished Residential Disability 
and Rehabilitation Policy Fellowship. We take this action to focus 
attention on an area of national need. We intend the priority to build 
research capacity by providing support to highly qualified, experienced 
researchers, including those who are individuals with disabilities, to 
conduct policy research in the areas of disability and rehabilitation.

DATES:  Effective Date: This priority is effective August 27, 2014.

FOR FURTHER INFORMATION CONTACT: Patricia Barrett, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza 
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-6211 or by 
email: patricia.barrett@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 Research Fellowships Program 
is to build research capacity by providing support to experienced, 
highly qualified individuals, including those who are individuals with 
disabilities, to perform research on the rehabilitation of individuals 
with disabilities.
    Fellows must conduct original research in an area authorized by 
section 204 of the Rehabilitation Act of 1973, as amended (the Act). 
Section 204 of the Act authorizes research, demonstration projects, 
training, and related activities, the purposes of which are 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 
significant disabilities, and to improve the effectiveness of services 
authorized under the Act.

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

    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priority (NPP) for this program 
in the Federal Register on June 03, 2014 (79 FR 31898). That notice 
contained background information and our reasons for proposing the 
particular priority.
    There are no differences between the proposed priority and this 
final priority.
    Public Comment: In response to our invitation in the NPP we did not 
receive any comments on the proposed priority.
    Final Priority:
    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a new priority for a Distinguished Residential 
Disability and Rehabilitation Policy Fellowship as part of NIDRR's 
Research Fellowship Program (also known as the Mary E. Switzer Research 
Fellowships). The goals of this proposed priority are: (1) To provide 
experienced disability and rehabilitation researchers with 
opportunities to enhance their knowledge and understanding of the 
public policy-making process and the effects of public policy on the 
outcomes of individuals with disabilities; (2) to enhance the capacity 
of disability and rehabilitation researchers to conduct and disseminate 
relevant disability policy research; (3) to increase the integration 
and use of research findings in shaping disability-related policy; and 
4) to increase awareness of disability-related issues in public policy 
discussions, formulations, and reviews.
    Consistent with the goals of this program, an applicant for a 
Distinguished Residential Disability and Rehabilitation Policy 
Fellowship must include:
    (a) An Eligibility Statement that demonstrates that you meet the 
eligibility requirements in 34 CFR part 356.2(c)(1), including relevant 
publications and prior research experience; and that provides 
sufficient information in order to evaluate your qualifications 
consistent with 34 CFR part 356.30(a).
    (b) A plan for how you will fulfill the full-time equivalent 
requirement for a Distinguished Residential Disability and 
Rehabilitation Policy Fellowship and the requirement to work a minimum 
of 50 percent of the time in an agency or office within the Executive 
or Legislative branches of the Federal government, in the Washington, 
DC metropolitan area.

    Note: As described in 34 CFR 356.41, fellows will work full-time 
on authorized fellowship activities. The application package for 
this priority provides a thorough description of how NIDRR defines 
and administers the full-time equivalent requirement for this 
program, as well as the 50 percent residential requirement.

    (c) A letter of support from a potential mentor at an agency or 
office within the Executive or Legislative branches of the Federal 
Government where your fellowship will be based. The letter of support 
from the potential mentor should indicate the mentor's capacity and 
willingness to facilitate your fellowship placement should you be 
awarded the Distinguished Residential Disability and Rehabilitation 
Policy Fellowship.
    (d) An assurance that you will commit to spending at least 50 
percent of the time during the period of the fellowship at an agency or 
office within the Executive or Legislative branches of the Federal 
government in the Washington, DC metropolitan area, receiving 
orientation, conducting research, and providing expertise related to 
disability and rehabilitation research.
    (e) A description of a proposed Distinguished Residential 
Disability and Rehabilitation Policy Fellowship research project that 
includes the following:
    (1) A brief history or literature review of the disability issue, 
as appropriate; identification of the relevant recent legislative, 
regulatory, or administrative actions and the policy options related to 
this topic; and a rationale for the importance of the topic to 
improving the well-being of individuals with disabilities in one or 
more of NIDRR's primary outcome domains: Community Living and 
Participation, Employment, and Health and Function.
    (2) Specific objectives and research questions or hypotheses that 
will guide the project, the methods you will use to conduct the 
research, and the proposed timeline for implementing the project.

[[Page 43654]]

    (3) A plan for how the results of the project will be disseminated 
and used to influence policy.
    Note: Fellows funded under this program are responsible for 
ensuring that their conduct does not violate Federal anti-lobbying 
requirements (see www.gpo.gov/fdsys/granule/USCODE-2011-title18/USCODE-2011-title18-partI-chap93-sec1913) during the period of their 
fellowship.

    Note: The costs associated with carrying out this residential 
policy practicum are intended to be covered, in full or in part, by 
the Distinguished Residential Disability and Rehabilitation Policy 
Fellowship Award; however, the fellow is responsible for paying for 
any costs that exceed the amount of the award.

    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority only on a reasoned determination 
that its benefits justify its costs. In choosing among alternative 
regulatory approaches, we selected those approaches that maximize net 
benefits. Based on the analysis that follows, the Department believes 
that this regulatory action is consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of the Research Fellowships Program have been well 
established over the years. Projects similar to the Research 
Fellowships Program have been completed successfully, and the proposed 
priority will generate new capacity in the area of rehabilitation and 
disability policy research.
    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

[[Page 43655]]

search feature at this site, you can limit your search to documents 
published by the Department.

    Dated: July 23, 2014
Melody Musgrove,
Director, Office of Special Education Programs.
[FR Doc. 2014-17707 Filed 7-25-14; 8:45 am]
BILLING CODE 4000-01-P
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