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[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35758-35761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14227]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133B-1]

Final 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: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for the Disability and 
Rehabilitation Research Projects and Centers Program administered by 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, we announce a priority for a Rehabilitation 
Research and Training Center (RRTC) on Research and Capacity Building 
for Minority Entities. 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 
this priority to improve outcomes among individuals with disabilities.

DATES: Effective Date: This priority is effective July 15, 2013.

[[Page 35759]]

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 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 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. Such 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.
    We published a notice of proposed priority in the Federal Register 
on March 6, 2013 (78 FR 14480). That notice contained background 
information and our reasons for proposing this priority.
    There is one difference between the proposed priority and this 
final priority. We have updated the reference to NIDRR's current Long-
Range Plan in paragraph (a). NIDRR's Long-Range Plan for Fiscal Years 
2013-2017 (Plan) was published in the Federal Register on April 4, 2013 
(78 FR 20299) during the public comment period for this 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 or 
suggested changes the law does not authorize us to make under the 
applicable statutory authority. In addition, generally we do not 
address comments that raise concerns not directly related to the 
proposed priority or definitions.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the proposed 
priority follows.
    Comment: One commenter asked whether the RRTC must focus its 
activities on the Federal-State vocational rehabilitation (VR) program 
and its mission of assisting individuals with disabilities to become 
employed.
    Discussion: Although applicants may choose to focus their research 
activities on topics related to the Federal-State VR program, they are 
not required to do so.
    Changes: None.
    Comment: One commenter asked whether military veterans of color 
with disabilities would be a valid target population of ``traditionally 
underserved racial and ethnic populations,'' as described in paragraph 
(a) of the priority.
    Discussion: Yes. ``Traditionally Underserved Populations'' is used 
in Section 21 of the Rehabilitation Act to refer to minority 
populations who have historically had high rates of disability, low 
rates of access to rehabilitation services, and relatively poor 
outcomes, compared to white individuals with disabilities. Applicants 
are free to propose and justify a focus on veterans of color with 
disabilities or any other underserved population. The peer review 
process will determine the merits of each application.
    Changes: None.
    Comment: One commenter noted that conducting research on the 
experiences and outcomes of individuals with disabilities from 
traditionally underserved racial and ethnic populations, as required by 
paragraph (a) of the priority, necessitates the availability and 
involvement of research personnel with appropriate cultural and 
linguistic capabilities.
    Discussion: NIDRR generally agrees that the personnel proposed to 
conduct required RRTC activities must have the appropriate backgrounds 
and expertise. NIDRR does not typically specify or require those areas 
of expertise in its priorities. Instead, we rely on the peer review 
process to determine the quality of the proposed personnel's training, 
experience, and knowledge in the areas specified in the priority. These 
personnel considerations are spelled out in the peer review criteria 
for project staff that we employ in all NIDRR competitions (34 CFR 
350.54(n)).
    Changes: None.
    Comment: One commenter suggested that the priority include cultural 
competence in the Center's required capacity building efforts.
    Discussion: As we described in the background to the proposed 
priority (78 FR 14480), NIDRR anticipates that the minority entities 
that are the recipients of the RRTC's capacity building efforts will 
already have close social and cultural connections to individuals with 
disabilities from minority backgrounds. Building the capacity of 
minority entities to conduct disability and rehabilitation research may 
include a focus on cultural competence. However, there is a wide range 
of other disability and rehabilitation research capacities to be built 
at minority entities and on which applicants may choose to focus--
developing a robust research infrastructure, including administrative 
and technological support, research libraries, and research-focused 
graduate and postdoctoral research training programs, for example. 
While nothing in the priority precludes applicants from including 
cultural competence as a component of their capacity building efforts, 
NIDRR does not wish to limit the range of applications that we receive 
by requiring all applicants to do so.
    Changes: None.
    Comment: One commenter questioned the need for this priority.
    Discussion: By publishing this priority and creating an RRTC on 
Research and Capacity Building for Minority Entities, we are fulfilling 
the intent and the requirements of Section 21 of the Rehabilitation 
Act.
    Changes: None.

Final Priority

Background

    This final priority is in concert with NIDRR's Plan, which can be 
accessed on the Internet at the following site: www.ed.gov/about/offices/list/osers/nidrr/policy.html.
    Through the implementation of the Plan, NIDRR seeks to improve the 
health and functioning, employment, and community living and 
participation of individuals with disabilities through comprehensive 
programs of research,

[[Page 35760]]

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.

Priority--RRTC on Research and Capacity Building for Minority Entities

    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for a Rehabilitation Research and 
Training Center (RRTC) on Research and Capacity Building for Minority 
Entities. One purpose of the RRTC is to generate new knowledge about 
the experiences and outcomes of individuals with disabilities from 
racial and ethnic minority backgrounds that can be used as a foundation 
for developing interventions to improve those outcomes. Another purpose 
of the RRTC is to enhance rehabilitation research capacity at minority 
entities, as defined in section 21 of the Rehabilitation Act (29 U.S.C. 
718). The RRTC must contribute to these outcomes by:
    (a) Conducting research that examines experiences and outcomes of 
individuals with disabilities from traditionally underserved racial and 
ethnic populations. 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): (1) Employment, (2) Community Living and Participation, or (3) 
Health and Function.
    (b) Conducting research on the feasibility and potential 
effectiveness of methods and models for enhancing disability and 
rehabilitation research capacity and infrastructure at minority 
entities.
    (c) Serving as a national resource center for minority entities 
that are seeking to develop their research infrastructure, and to 
enhance their capacity to engage in disability and rehabilitation 
research. The RRTC must provide technical assistance and training to 
minority entities in order to develop their institutional research 
infrastructure and enhance their capacity to conduct disability and 
rehabilitation research.
    (d) Involving individuals with disabilities from traditionally 
underserved racial and ethnic populations in planning and implementing 
the RRTC's activities and evaluating its work.
    (e) Providing outreach and training that enhances awareness of 
NIDRR and its research programs among minority entities.
    (f) Developing and implementing a strategy for disseminating 
research, training, and technical assistance products developed by the 
RRTC. The RRTC's dissemination strategy must include an online 
information dissemination system that meets a government- or industry-
recognized standard for accessibility by individuals with disabilities.

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

[[Page 35761]]

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. Projects 
similar to the new RRTC have been completed successfully, and the new 
RRTC, established consistently with this final priority, is expected to 
improve the lives of individuals with disabilities from minority 
backgrounds; generate through research and development, disseminate, 
and promote the use of new information that will improve the outcomes 
for individuals with disabilities; and increase the capacity of 
minority entities to conduct disability and rehabilitation research and 
develop rehabilitation research professionals.
    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: June 11, 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. 2013-14227 Filed 6-13-13; 8:45 am]
BILLING CODE 4000-01-P
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