Vol. 79 Monday, 

No. 139 July 21, 2014 

Part II 

Department of Education 

34 CFR Chapter III 

Final Priority; National Institute on Disability and Rehabilitation Research— 

Rehabilitation Research and Training Centers; Rule; Applications for New 

Awards; National Institute on Disability and Rehabilitation Research— 

Rehabilitation Research and Training Centers; Notice 


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42400 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Rules and Regulations 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2014–OSERS–0011; CFDA 

Number: 84.133P–5.] 

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. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces a priority under the 

Advanced Rehabilitation Research 

Training (ARRT) Program administered 

by the National Institute on Disability 

and Rehabilitation Research (NIDRR). 

Specifically, we announce a priority for 

an ARRT on Advanced Rehabilitation 

Research Policy Fellowship. 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 the priority to 

strengthen the capacity of the disability 

and rehabilitation fields to train 

researchers to conduct advanced policy 

research in the areas of rehabilitation 

and disability. 

DATES: This priority is effective August 

20, 2014. 

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 selfsufficiency of individuals with 

disabilities, especially individuals with 

the most severe disabilities. The 

program is also intended to improve the 

effectiveness of services authorized 

under the Rehabilitation Act of 1973, as 

amended (Rehabilitation Act). 

Advanced Rehabilitation Research 

Training Program 

The purpose of NIDRR’s ARRT 

program, which is funded through the 

Disability and Rehabilitation Research 

Projects and Centers Program, is to 

provide advanced research training and 

experience to individuals with 

doctorates or similar degrees who have 

clinical or other relevant experience. 

ARRT projects train rehabilitation 

researchers, including researchers with 

disabilities, with particular attention to 

research areas that support the 

implementation and objectives of the 

Rehabilitation Act, and that improve the 

effectiveness of services authorized 

under the Rehabilitation Act. Additional 

information on the ARRT program can 

be found at: www.ed.gov/rschstat/

research/pubs/res-program.html#ARRT. 

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 for this program in the Federal 

Register on May 13, 2014 (79 FR 27233). 

That notice contained background 

information and our reasons for 

proposing the particular priority. 

There are differences between the 

proposed priority and this final priority 

as discussed in the Analysis of 

Comments and Changes section of this 

notice. 

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. 

Analysis of Comments and Changes: 

An analysis of the comments and of any 

changes in the priority since publication 

of the notice of proposed priority 

follows. 

Comment: One commenter expressed 

concern with the requirement in 

paragraph (b), that applicants under this 

priority require their Rehabilitation 

Research Policy Fellows to complete a 

training program that lasts two years. 

The commenter stated that although a 

two-year training program is ideal, some 

high-quality fellowship candidates may 

not be able to dedicate two full years to 

such a program. The commenter noted 

that outstanding candidates for policy 

research fellowship positions may only 

desire a one-year fellowship or may be 

offered full-time academic positions that 

preclude them from completing a twoyear fellowship program. The 

commenter suggested that NIDRR 

modify the priority to allow the grantee 

greater flexibility in determining the 

length of the fellowship period, if two 

years is not optimal for some fellowship 

candidates. 

Discussion: NIDRR’s aim is to sponsor 

a program that provides high-quality, 

multi-disciplinary policy research 

instruction and mentorship, as well as 

opportunities to engage in policy 

research in Washington, DC. Although 

the regulations for this program define 

the required duration as a minimum of 

at least one academic year, in recent 

years, the vast majority of grantees have 

elected to propose and implement a 

two-year training program to satisfy all 

the required components of the training 

program, including ensuring the desired 

outcome of independent research. 

NIDRR feels it is reasonable to expect 

that, for ARRT fellows who are selected 

to engage in the one-year Residential 

Fellowship opportunity in Washington, 

DC, it will take approximately two years 

to satisfy all the requirements of the 

program, including the residency in 

Washington, DC, and the program’s 

classroom, didactic, and research 

productivity requirements described in 

paragraphs (c), (d), and (e). 

At the same time, NIDRR generally 

agrees with the commenter that it may 

be difficult for a grantee to require each 

of its fellows to complete a two-year 

training program, especially those 

fellows who are not residential fellows 

as described in paragraph (f). 

Changes: NIDRR has modified 

paragraph (b) of the priority to require 

that applicants design a two-year policy 

research fellowship program that fulfills 

all the required functions of an ARRT 

and, to the extent possible, to ensure 

that fellows complete the full program. 

Final Priority 

Advanced Rehabilitation Research 

Policy Fellowship 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for an ARRT on 

Rehabilitation Research Policy. This 

priority fellowship program will expand 

the capacity of disability and 

rehabilitation researchers and scholars 

to conduct rigorous policy research that 

addresses issues important to 

policymakers and practitioners and that 

contributes to improved outcomes for 

individuals with disabilities and 

increased use and adoption of research 

findings to help shape future disabilityrelated policy. The ARRT must 

contribute to improving the capacity of 

disability and rehabilitation researchers 

to conduct policy research by: 

(a) Recruiting and selecting qualified 

candidates, including individuals with 


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Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Rules and Regulations 42401 

disabilities, for advanced research 

training on policy issues affecting one of 

NIDRR’s three domains of individual 

well-being: (1) Community living and 

participation, (2) employment, or (3) 

health and function; 

(b) Designing a two-year training 

program in advanced rehabilitation and 

disability policy-related research and 

analysis that is multidisciplinary, 

emphasizes scientific methods, and 

involves didactic and classroom 

instruction in current rehabilitation and 

disability policy issues; providing a 

disability policy research practicum 

experience; and, to the extent practical, 

ensuring that fellows complete the full 

program; 

(c) Providing academic mentorship or 

guidance, and opportunities for 

scientific collaboration with qualified 

researchers at the host institution or 

another training or sponsoring 

organization. Other institutions or 

organizations used as training sites must 

have the staff and facilities on-site to 

provide a suitable environment for 

performing high-quality rehabilitationrelated policy research; 

(d) Providing opportunities for 

participation in the development of 

professional presentations and 

publications, and for attendance at 

professional conferences and meetings, 

as appropriate for the individuals’ areas 

of study and levels of experience; 

(e) Requiring that all Rehabilitation 

Research Policy Fellows complete a 

policy research project related to the 

NIDRR domains selected by the 

applicant (community living and 

participation, employment, or health 

and function); and 

(f) Ensuring that at least two fellows 

are residential fellows and that each 

residential fellow spend the equivalent 

of one year in Washington, DC to 

conduct research at Congress or any 

relevant Federal department or agency 

of the fellow’s choice within the Federal 

Executive or Legislative branch. Fellows 

must secure their own fellowship site 

placement. 

Note 1: The costs associated with 

providing this residential policy practicum 

are the responsibility of the grantee, and 

must be reflected in the applicant’s proposed 

budget. 

Note 2: The grantee must ensure that 

fellows funded under this program are 

informed about the anti-lobbying 

requirements of Federal funding. 

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 


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42402 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Rules and Regulations 

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. The new ARRT will 

strengthen the capacity of the disability 

and rehabilitation fields to train 

researchers to conduct advanced policy 

research in the areas of rehabilitation 

and disability. 

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: July 16, 2014. 

Michael K. Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2014–17109 Filed 7–18–14; 8:45 am] 

BILLING CODE 4000–01–P 


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