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[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Proposed Rules]
[Pages 11738-11742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04644]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2014-OSERS-0013; CFDA Number: 84.133B-4]

Proposed 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: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority for the Rehabilitation 
Research and Training Center (RRTC) Program administered by the 
National Institute on Disability and Rehabilitation Research (NIDRR), 
specifically, a priority for an RRTC on Health and Function of 
Individuals with Physical Disabilities. We take this action to focus 
research attention on an area of national need. We intend the priority 
to contribute to improved outcomes of health and function of 
individuals with physical disabilities.

DATES: We must receive your comments on or before April 2, 2014.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery,

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or hand delivery. We will not accept comments submitted by fax or by 
email or those submitted after the comment period. To ensure that we do 
not receive duplicate copies, please submit your comments only once. In 
addition, please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Patricia Barrett, U.S. Department of Education, 400 Maryland 
Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 
20202-2700.

    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.

FOR FURTHER INFORMATION CONTACT: Patricia Barrett. 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: This proposed priority is in concert with 
NIDRR's currently approved Long-Range Plan (Plan). The Plan, which was 
published in the Federal Register on April 4, 2013 (78 FR 20299), 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: (1) Improve 
the quality and utility of disability and rehabilitation research; (2) 
foster an exchange of research findings, expertise and other 
information to advance knowledge and understanding of the needs of 
individuals with disabilities and their family members, including those 
from among traditionally underserved populations; (3) determine 
effective practices, programs, and policies to improve community living 
and participation, employment, and health and function outcomes for 
individuals with disabilities of all ages; (4) identify research gaps 
and areas for promising research investments; (5) identify and promote 
effective mechanisms for integrating research and practice; and (6) 
disseminate research findings to all major stakeholder groups, 
including individuals with disabilities and their families in formats 
that are appropriate and meaningful to them.
    This notice proposes one priority that NIDRR intends to use for one 
or more competitions in FY 2014 and possibly in later years. NIDRR is 
under no obligation to make an award under this priority. The decision 
to make an award will be based on the quality of applications received 
and available funding. NIDRR may publish additional priorities, as 
needed.
    Invitation to Comment: We invite you to submit comments regarding 
this proposed priority. To ensure that your comments have maximum 
effect in developing the final priority, we urge you to identify 
clearly the specific topic that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this proposed priority in room 5142, 550 12th Street 
SW., PCP, Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    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).

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 as specified by NIDRR with guidance from its Rehabilitation 
Research Advisory Council. 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).
    Applicable Program Regulations: 34 CFR part 350.
    Proposed Priority:
    This notice contains one proposed priority.

Background

    Of the 51.5 million adults with a disability in the United States, 
41.5 million have physical disabilities, and close to 12.0 million need 
assistance from another person to perform one or more physical 
functions or activities, such as getting around inside the home, 
getting into or out of bed, bathing, dressing, eating, toileting, going 
outside the home, managing money, preparing meals, doing housework, 
taking prescription medication, and using the phone. (Brault, 2012). In 
addition to functional limitations associated with physical disability, 
individuals with physical disabilities (as well as individuals with 
other kinds of disabilities) have more health problems and less access 
to health care (Centers for Disease Control and Prevention, 2013; 
Drumm, Krahn, Culley, Hammond, 2005; Campbell, Sheets, Strong, 1999). 
Despite differences in the type, onset, severity, and progression of 
health problems experienced by individuals with different causes of 
physical disabilities, there are many health problems that occur across 
a wide range of physical disabilities, including fatigue, chronic pain, 
spasticity, weight problems, bladder and

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bowel problems, urinary tract infections, depression, and isolation. 
Common to all is that they have an adverse impact on the individual's 
well-being, they must be managed to prevent further complications 
(Rimmer, Chen, Hsieh, 2011), and they can impede high school 
completion, employment, and social activities (Drumm, Krahn, Culley, 
Hammond, 2005).
    Prospective research examining the risk factors associated with the 
onset of health problems, their severity, and progression is limited. 
There is a need to better understand how specific health problems are 
interrelated with optimal health and function; how they may affect 
community participation, lost work productivity, and decreased quality 
of life; and how they may be prevented or mitigated (Rimmer, Chen, 
Hsieh, 2011; Centers for Disease Control and Prevention, 2013a).
    Despite their substantial health needs and elevated risk of adverse 
health outcomes, individuals with disabilities are at a substantial 
disadvantage in obtaining access to needed health care services 
compared to those without disabilities. Information remains limited, 
but recent studies indicate that people with disabilities, including 
individuals with physical disabilities, experience problems in gaining 
access to appropriate health care and health promotion and disease 
prevention programs and services (National Council on Disability, 2009; 
Yee, 2011). Reasons cited for these disparities include lack of health 
insurance or coverage for necessary services, such as specialty care, 
long-term care, care coordination, prescription medications, durable 
medical equipment, and assistive technologies. Additional factors 
include limited accessibility at medical facilities, lack of 
examination equipment and individualized accommodations that can be 
used by people with diverse disabilities, and the absence of 
professional training on disability competency issues for healthcare 
practitioners.
    NIDRR has funded a wide range of disability research and 
development projects related to the health and functional outcomes of 
individuals with disabilities. As described in NIDRR's long-range plan, 
the ``health and function'' domain covers research that improves the 
understanding of the health status, health needs, and health care 
access of individuals with disabilities. In accordance with NIDRR's 
Plan, NIDRR seeks to build on these investments by supporting 
innovative and well-designed research and development projects that 
fall under one or more of NIDRR's general ``health and function'' 
priority areas.
    NIDRR hopes to increase competition and innovation by allowing 
applicants to specify the research topics under the broad priority 
areas within the health and function domain. An applicant must identify 
the relevant priority area or areas, indicate the stage or stages of 
the proposed research in its application (i.e., exploration and 
discovery, intervention development, intervention efficacy, and scale-
up evaluation), justify the need and rationale for research at the 
proposed stage or stages, and describe fully an appropriate methodology 
or methodologies for the proposed research.

References

Brault, M.W. (2012). Americans with Disabilities: 2010. U.S. Census 
Bureau, U.S. Department of Commerce. (available at: www.census.gov/prod/2012pubs/p70-131.pdf).
Campbell, M.L., Sheets, D., & Strong, P.S. (1999). Secondary health 
conditions among middle-aged individuals with chronic physical 
disabilities: Implications for unmet needs for services. Assistive 
Technology, 11, 2, 105-122.
Centers for Disease Control and Prevention (2013). Disability and 
Health: Related Conditions. (available at: http://www.cdc.gov/ncbddd/disabilityandhealth/relatedconditions.html).
Centers for Disease Control and Prevention (2013a). Healthy People 
2020: Disability and Health. (available at: http://www.healthypeople.gov/2020/topicsobjectives2020/overview.aspx?topicid=9).
Drumm, C., Krahn, G., Culley, C., Hammond L. (2005). Recognizing and 
responding to the health disparities of people with disabilities. 
California journal of health promotion, 3, 3, 29-42.
National Council on Disability (2009). The Current State of Health 
Care for People with Disabilities. National Council on Disability. 
Washington, DC. (available at: www.ncd.gov/publications/2009/Sept302009).
Rimmer, J.H., Chen, M., Hsieh, K. (2011). A Conceptual Model for 
Identifying, Preventing, and Managing Secondary Conditions in People 
With Disabilities. Physical Therapy, 91, 12, 1728-1739. (available 
at: http://ptjournal.apta.org/content/91/12/1728.full.pdf+html).
Yee, Sylvia (2011). Health and Health Care Disparities Among People 
with Disabilities. Disability Rights Education & Defense Fund. 
Berkeley, CA. (available at: www.dredf.org/healthcare/Health-and-Health-Care-Disparities-Among-People-with-Disabilities.pdf).

Definitions

    The research that is proposed under this priority must be focused 
on one or more stages of research. If the RRTC is to conduct research 
that can be categorized under more than one research stage, or research 
that progresses from one stage to another, those research stages must 
be clearly specified. For purposes of this priority, the stages of 
research are from the final priorities and definitions published in the 
Federal Register on May 7, 2013 (78 FR 26513):
    (i) Exploration and Discovery means the stage of research that 
generates hypotheses or theories by conducting new and refined analyses 
of data, producing observational findings, and creating other sources 
of research-based information. This research stage may include 
identifying or describing the barriers to and facilitators of improved 
outcomes of individuals with disabilities, as well as identifying or 
describing existing practices, programs, or policies that are 
associated with important aspects of the lives of individuals with 
disabilities. Results achieved under this stage of research may inform 
the development of interventions or lead to evaluations of 
interventions or policies. The results of the exploration and discovery 
stage of research may also be used to inform decisions or priorities.
    (ii) Intervention Development means the stage of research that 
focuses on generating and testing interventions that have the potential 
to improve outcomes for individuals with disabilities. Intervention 
development involves determining the active components of possible 
interventions, developing measures that would be required to illustrate 
outcomes, specifying target populations, conducting field tests, and 
assessing the feasibility of conducting a well-designed intervention 
study. Results from this stage of research may be used to inform the 
design of a study to test the efficacy of an intervention.
    (iii) Intervention Efficacy means the stage of research during 
which a project evaluates and tests whether an intervention is 
feasible, practical, and has the potential to yield positive outcomes 
for individuals with disabilities. Efficacy research may assess the 
strength of the relationships between an intervention and outcomes, and 
may identify factors or individual characteristics that affect the 
relationship between the intervention and outcomes. Efficacy research 
can inform decisions about whether there is sufficient evidence to 
support ``scaling-up'' an intervention to other sites and contexts. 
This stage of research can include assessing the training needed for 
wide-scale implementation of the intervention, and approaches to

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evaluation of the intervention in real world applications.
    (iv) Scale-Up Evaluation means the stage of research during which a 
project analyzes whether an intervention is effective in producing 
improved outcomes for individuals with disabilities when implemented in 
a real-world setting. During this stage of research, a project tests 
the outcomes of an evidence-based intervention in different settings. 
The project examines the challenges to successful replication of the 
intervention, and the circumstances and activities that contribute to 
successful adoption of the intervention in real-world settings. This 
stage of research may also include well-designed studies of an 
intervention that has been widely adopted in practice, but that lacks a 
sufficient evidence-base to demonstrate its effectiveness.

Proposed Priority

    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a priority for an RRTC on Health and Function of 
Individuals with Physical Disabilities.
    The RRTC must contribute to maximizing the health and function 
outcomes of individuals with physical disabilities by:
    (a) Conducting research activities in one or more of the following 
priority areas, focusing on individuals with physical disabilities as a 
group or on individuals in specific disability or demographic 
subpopulations of individuals with physical disabilities:
    (i) Technology to improve health and function outcomes for 
individuals with physical disabilities.
    (ii) Individual and environmental factors associated with improved 
access to rehabilitation and health care and improved health and 
function outcomes for individuals with physical disabilities.
    (iii) Interventions that contribute to improved health and function 
outcomes for individuals with physical disabilities. Interventions 
include any strategy, practice, program, policy, or tool that, when 
implemented as intended, contributes to improvements in outcomes for 
the specified population.
    (iv) Effects of government practices, policies, and programs on 
health care access and on health and function outcomes for individuals 
with physical disabilities;
    (v) Practices and policies that contribute to improved health and 
function outcomes for individuals with physical disabilities.
    (b) 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 stages must be clearly specified. The 
research stages and their definitions are listed before the Definitions 
section in this notice.
    (c) Serving as a national resource center related to health and 
function for individuals with physical disabilities, their families, 
and other stakeholders by conducting knowledge translation activities 
that include, but are not limited to:
    (i) Providing information and technical assistance to service 
providers, individuals with physical disabilities and their 
representatives, and other key stakeholders.
    (ii) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation providers and other disability 
service providers, to facilitate more effective delivery of services to 
individuals with physical disabilities. This training may be provided 
through conferences, workshops, public education programs, in-service 
training programs, and similar activities.
    (iii) Disseminating research-based information and materials 
related to health and function for individuals with physical 
disabilities.
    (iv) Involving key stakeholder groups in the activities conducted 
under paragraph (a) 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)).

Final Priority

    We will announce the final priority in a notice in the Federal 
Register. We will determine the final priority after considering 
responses to this notice and other information available to the 
Department. 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 proposed 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 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

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(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 proposed priority only upon a reasoned 
determination that its benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that would maximize net benefits. Based on the analysis that follows, 
the Department believes that these proposed priorities are consistent 
with the principles in Executive Order 13563.
    We also have determined that this regulatory action would 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 RRTCs have been completed successfully, and the proposed 
priorities 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.
    Intergovernmental Review: This program is not subject to Executive 
Order 12372 and the regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD or TTY, call the FRS, toll free, at 1-800-877-8339.
    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: February 26, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2014-04644 Filed 2-28-14; 8:45 am]
BILLING CODE 4000-01-P
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