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[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43650-43653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17718]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2014-OSERS-0028]

Final Priority; National Institute on Disability and 
Rehabilitation Research--Rehabilitation Research and Training Centers

[CFDA Number: 84.133B-1.]

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 Rehabilitation 
Research and Training Center (RRTC) Program administered by the 
National Institute on Disability and Rehabilitation Research (NIDRR). 
Specifically, we announce a priority for an RRTC on Vocational 
Rehabilitation Practices for Youth and Young Adults. The Assistant 
Secretary may use this priority for competitions in fiscal year (FY) 
2014 and later years. We take this action to focus research attention 
on an area of national need. We intend for this priority to contribute 
to improved outcomes for youth and young adults with disabilities in 
the State Vocational Rehabilitation Services program.

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.

[[Page 43651]]

SUPPLEMENTARY INFORMATION: Purpose of Program: The purpose of the 
Disability and Rehabilitation Research Projects and Centers Program is 
to plan and conduct research, demonstration projects, training, and 
related activities, including international activities, to develop 
methods, procedures, and rehabilitation technology that maximize the 
full inclusion and integration into society, employment, independent 
living, family support, and economic and social self-sufficiency of 
individuals with disabilities, especially individuals with the most 
severe disabilities, and to improve the effectiveness of services 
authorized under the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act).

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 well-designed research, training, 
technical assistance, and dissemination activities in important topical 
areas. These activities are designed to benefit rehabilitation service 
providers, individuals with disabilities, family members, policymakers, 
and other research stakeholders. Additional information on the RRTC 
program can be found at: http://www2.ed.gov/programs/rrtc/index.html.

    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 priority (NPP) for this program 
in the Federal Register on May 27, 2014 (79 FR 30056). 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 notice of 
proposed priority, three parties submitted comments on the proposed 
priority.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments that raised concerns not 
directly related to the proposed priority.
    Analysis of the Comments and Changes: An analysis of the comments 
and of any changes in the priority since publication of the NPP 
follows.
    Comment: One commenter suggested that NIDRR modify the priority to 
require transition-related research on best practices in the following 
areas: Engaging youth consumers in the VR process, engaging parents/
families in the VR process, how motivational interviewing works best 
with youth consumers, and partnering with school staff in the career 
development of youth with disabilities.
    Discussion: As written, the priority specifies that the RRTC must 
conduct research on engaging youth consumers in the VR program. 
Paragraph (a) requires applicants to investigate factors that affect 
the likelihood that youth and young adults are fully engaged in the VR 
program. Paragraph (a)(1)(i) requires applicants to identify 
individual- and system-level factors (including practices of State VR 
agencies) that affect youth engagement in the VR program. We believe 
that, consistent with the proposed priority, the priority contains the 
transition-related research the commenter supports.
    Changes: None.
    Final Priority:
    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for an RRTC to conduct research on 
Vocational Rehabilitation (VR) Practices for Youth and Young Adults. 
The RRTC must contribute to increased knowledge about effective VR 
practices that can improve employment outcomes of youth and young 
adults with disabilities by:
    (a) Generating new knowledge that builds the evidence base of VR 
practices, services, or models that improve the employment outcomes for 
youth and young adults. The center will conduct research to better 
understand the factors that affect the likelihood that youth and young 
adults are fully engaged in the VR program and achieve their vocational 
goals; i.e., completion of postsecondary education and training 
programs, and attainment of competitive employment, including research 
that--
    (i) Identifies individual- and system-level factors that affect 
engagement and attainment of an employment outcome. Individual-level 
factors include, but are not limited to, demographic characteristics 
and impairment types and severity. System-level factors include, but 
are not limited to, financial disincentives to obtaining employment 
associated with other public programs and systems, characteristics and 
practices of VR State agencies, employer practices and perceptions, and 
macroeconomic conditions; and
    (ii) Identifies the reasons for which youth and young adults with 
disabilities discontinue their participation in the VR program before 
achieving successful postsecondary goals (e.g., postsecondary education 
or training) or employment outcomes.
    (b) Conducting research to identify VR services and transition 
practices that increase the likelihood of youth and young adults with 
disabilities achieving successful employment outcomes. The research 
must also identify practices relevant to improving the outcomes of 
youth and young adults who are at particular risk for poor employment 
outcomes. Applicants must identify the specific at-risk group or groups 
of youth and young adults with disabilities they propose to include; 
provide evidence that the selected population or populations are, in 
fact, at risk for poor employment outcomes; and explain how the 
practices are expected to address the needs of the population or 
populations.
    (c) 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 research stages must be clearly 
specified. (These stages and their definitions are provided at the end 
of the background statement section of the notice of proposed priority 
published in the Federal Register on May 27, 2014 (79 FR 30056).)
    (d) Serving as a national resource center for youth and young 
adults with disabilities, their families, and other stakeholders, 
including other relevant grantees funded by the Office of Special 
Education and Rehabilitative Services. Specifically, this center must 
coordinate, as appropriate, with the Office of Special Education 
Programs (OSEP)-funded Parent Training and Information Centers, the 
OSEP-funded National Technical Assistance Center on Improving 
Transition, and the Rehabilitation Services Administration (RSA)-funded 
Parent Information and Training Projects, and other relevant entities 
by conducting knowledge translation activities related to improving 
employment outcomes of youth and young adults that must include, but 
are not limited to:
    (i) Providing information and technical assistance to VR State 
agencies and related service providers, educators, employers, youth and 
young adults with disabilities and their representatives, families, and 
other key stakeholders.
    (ii) Providing training, including graduate, pre-service, and in-
service training, to educators, VR professionals, direct service 
professionals, and related service providers, to facilitate a seamless 
and effective transition service delivery system. Training may be 
offered through conferences, workshops,

[[Page 43652]]

public education programs, in-service training programs, and similar 
activities.
    (iii) Disseminating research-based information and materials 
related to VR practices and services that increase employment for youth 
and young adults with disabilities.
    (iv) Involving key stakeholder groups in the activities conducted 
under paragraphs (a) through (d) of this priority 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 this priority, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

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

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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. 2014-17718 Filed 7-25-14; 8:45 am]
BILLING CODE 4000-01-P
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