```

[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Rules and Regulations]
[Pages 42399-42402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17109]

[[Page 42399]]

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

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

[[Page 42400]]

-----------------------------------------------------------------------

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 self-sufficiency 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 two-year 
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 disability-related 
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

[[Page 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 rehabilitation-related 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

[[Page 42402]]

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
```