[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10114-10117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03888]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living

[CFDA Number: 84.133A-7]


Proposed Priority--National Institute on Disability, Independent 
Living, and Rehabilitation Research--Disability and Rehabilitation 
Research Projects Program

AGENCY: Administration for Community Living, HHS.

ACTION: Notice of proposed priority.

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SUMMARY: The Administrator of the Administration for Community Living 
proposes a priority for the Disability and Rehabilitation Research 
Projects (DRRPs) Program administered by the National Institute on 
Disability, Independent Living, and Rehabilitation Research (NIDILRR). 
Specifically, this notice proposes a priority for Promoting

[[Page 10115]]

Universal Design in the Built Environment. We take this action to focus 
research attention on an area of national need. We intend this priority 
to contribute to improved access to the built environment by 
individuals with disabilities.

DATES: We must receive your comments on or before March 27, 2015.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail or commercial 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.
    <bullet> 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?''
    <bullet> Postal Mail or Commercial Delivery: If you mail or deliver 
your comments about these proposed regulations, address them to 
Patricia Barrett, U.S. Department of Health and Human Services, 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: <a href="/cdn-cgi/l/email-protection#b3c3d2c7c1dad0dad29dd1d2c1c1d6c7c7f3d6d79dd4dcc5"><span class="__cf_email__" data-cfemail="37475643455e545e56195556454552434377525319505841">[email protected]</span></a>.
    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 notice of 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.
    The Plan identifies a need for research and training regarding 
employment, community living and participation, and health and function 
of individuals with disabilities. To address this need, NIDILRR 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 
family members in formats that are appropriate and meaningful to them.
    This notice proposes one priority that NIDILRR intends to use for 
one or more competitions in fiscal year (FY) 2015 and possibly later 
years. NIDILRR 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. NIDILRR 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 within the priority 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 by following the instructions found under the ``Are you new to 
the site?'' portion of the Federal eRulemaking Portal at 
www.regulations.gov. Any comments sent to NIDILRR via postal mail or 
commercial delivery can be viewed 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, and to improve the effectiveness of services authorized 
under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

Disability and Rehabilitation Research Projects

    The purpose of NIDILRR's DRRPs, 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 by developing methods, procedures, and 
rehabilitation technologies that advance a wide range of independent 
living and employment outcomes for individuals with disabilities, 
especially individuals with the most significant disabilities. DRRPs 
carry out one or more of the following types of activities, as 
specified and defined in 34 CFR 350.13 through 350.19: research, 
training, demonstration, development, utilization, dissemination, and 
technical assistance.
    An applicant for assistance under this program must demonstrate in 
its application how it will address, in whole or in part, the needs of 
individuals with disabilities from minority backgrounds (34 CFR 
350.40(a)). The approaches an applicant may take to meet this 
requirement are found in 34 CFR 350.40(b). Additional information on 
the DRRP program can be found at: www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.

    Program Authority: 29 U.S.C. 762(g) and 764(a).


[[Page 10116]]


    Applicable Program Regulations: 34 CFR part 350.
    Proposed Priority: This notice contains one proposed priority.

Promoting Universal Design (UD) in the Built Environment

    Background: Universal Design is generally defined as the ``design 
of products and environments that are usable by all people, to the 
greatest extent possible, without the need for adaptation or 
specialized design'' (Mace, 1985; Ostroff, 2011). UD proponents seek to 
improve human performance, health and wellness, and social 
participation for the entire population including individuals with 
disabilities (Steinfeld & Maisel, 2012).
    NIDILRR grantees have substantially contributed to the development, 
refinement, and application of UD principles. In particular, the 
NIDILRR-funded Center for Universal Design at North Carolina State 
University (in collaboration with other researchers and practitioners) 
developed the seven ``Principles of Universal Design'' (The Principles 
of Universal Design, 1997). These principles (equitable use, 
flexibility in use, simple and intuitive use, perceptible information, 
tolerance for error, low physical effort, and appropriate size and 
space for approach and use regardless of users' body size, posture, and 
mobility) have increasingly guided designers, builders, developers, and 
other stakeholders in the provision of accessible housing and built 
environments. Examples of UD found in the built environment include: 
curb cuts, building ramps, automatic door openers, fully accessible 
restrooms, moving walkways, and wayfinding systems that facilitate user 
access and orientation.
    All NIDILRR-funded Rehabilitation Engineering Research Centers 
(RERCs) must incorporate UD principles in their research and 
development activities. Funded for the past 15 years, the RERC on 
Universal Design and the Built Environment is specifically charged with 
advancing the implementation of UD principles in the built environment. 
Center outcomes include a tool set for UD research and practice, 
prototypes for built environments, and UD standards. NIDILRR funding 
has contributed to the development of 35 state and local visitability 
ordinances and initiatives across the U.S, which require or encourage 
affordable and sustainable integration of basic accessibility features 
into all newly-built homes. NIDILRR funding also supported the 
inclusion of UD principles in a building manual which the New York City 
Department of Design and Construction adopted as the official reference 
for all architects working in the city (Center for Inclusive Design and 
Universal Access, 2003).
    Despite these notable outcomes, application of UD principles to the 
built environment has not become a mainstream practice (Ostroff, 2011; 
Dong 2011). Practical demonstrations of UD applications for buildings, 
homes, and outdoor environments, as well as a strengthened evidence-
base for UD standards and strategies are yet needed. These needs will 
only increase as the baby boom generation ages while seeking to live 
and thrive in their own homes and communities (Federal Interagency 
Forum on Aging-Related Statistics, 2012). Making research-based 
knowledge about UD accessible to designers, developers, architects, and 
builders will help to advance UD implementation and realize the goals 
of improving human performance, health and wellness, and social 
participation for the entire population, including individuals with 
disabilities. Accordingly, NIDILRR aims to sponsor a DRRP on Promoting 
UD in the Built Environment to conduct research, knowledge translation, 
technical assistance, and training activities aimed at continued 
implementation of UD principles in the built environment.

References

Center for Inclusive Design and Universal Access, 2003. Universal 
Design New York 2: The NYC Guidebook to Accessibility and Universal 
Design. Buffalo New York: Idea Publications.
Dong, H (2011). Global Perspectives and Reflections. In Trends in 
Universal Design. Tonsberg, Norway: The Delta Centre.
Federal Interagency Forum on Aging-Related Statistics, (2012). Older 
Americans 2012: Key Indicators of Well-Being. (Washington, DC: U.S. 
Government Printing Office).
Mace, R. (1985). Universal design, barrier free environments for 
everyone. Los Angeles: Designers West.
Ostroff, E. (2011). Universal design: An evolving paradigm. In 
Preiser, W. & Smith K. (Eds.). Universal Design Handbook. New York, 
McGraw Hill.
The Principles of Universal Design (1997). Version 2.0--4/1/97. 
Compiled by advocates of universal design, listed in alphabetical 
order: Bettye Rose Connell, Mike Jones, Ron Mace, Jim Mueller, Abir 
Mullick, Elaine Ostroff, Jon Sanford, Ed Steinfeld, Molly Story, and 
Gregg Vanderheiden. NC State University, The Center for Universal 
Design.
Steinfeld, E. & Maisel, J.L. (2012). Universal Design: Creating 
Inclusive Environments. Hoboken, NJ: Wiley and Sons, Inc.

    Proposed Priority: The Administrator of the Administration for 
Community Living proposes a priority for a Disability and 
Rehabilitation Research Project on Promoting Universal Design in the 
Built Environment. The intended outcome of the DRRP on Universal Design 
is further adoption of universal design principles into mainstream 
architecture and the development and construction of built 
environments. The DRRP must contribute to this outcome by:
    (a) Conducting research activities toward developing evidence-based 
practices for UD implementation in commercial and private facilities, 
outdoor environments, and housing.
    (b) Creating measurable UD standards and guidelines to facilitate 
the implementation of UD principles in commercial and private 
facilities, outdoor environments, and housing.
    (c) Developing and promoting curricula on UD for university-level 
architecture, engineering, and design students.
    (d) Providing training and technical assistance to designers, 
architects, and builders to incorporate UD principles and features into 
their buildings, projects, and communities.
    (e) Providing training and technical assistance to NIDILRR's 
engineering and assistive technology grantees to incorporate UD 
strategies and standards into development projects serving the needs of 
individuals with disabilities and the broader population.
    (f) Partnering with relevant stakeholders in carrying out all DRRP 
activities. Stakeholders include but are not limited to: Individuals 
with disabilities, professional organizations that teach design 
principles, researchers, engineers, planners, designers, developers, 
architects, and builders.
    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 or in a Funding Opportunity 
Announcement posted at www.grants.gov.

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

[[Page 10117]]

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 (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 this proposed priority is 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 one envisioned by the proposed priority have been completed 
successfully, and the proposed priority would generate new knowledge 
through research. The new DRRP would generate, disseminate, and promote 
the use of new information that would improve accessibility of the 
built environment for individuals with disabilities.
    Intergovernmental Review: This program is not subject to Executive 
Order 12372.
    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 19, 2015.
Kathy Greenlee,
Administrator.
[FR Doc. 2015-03888 Filed 2-24-15; 8:45 am]
BILLING CODE 4154-01-P


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