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[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Rules and Regulations]
[Pages 34261-34264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13602]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133B-10]

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 Promoting Healthy Aging for Individuals 
with Long-Term Physical Disabilities. 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 health and function 
outcomes for individuals aging with long-term physical disabilities.

DATES: Effective Date: This priority is effective July 8, 2013.

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 achieve 
the goals of, and 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. These 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 14483). 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 under Analysis of Comments and Changes.
    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, we do not address general 
comments that raised concerns not directly related to the proposed 
priority.
    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: Two commenters asked NIDRR to clarify the meaning of the 
phrase ``individuals with long-term physical disabilities'' so that 
applicants can submit proposals that are in line with NIDRR's intent.
    Discussion: The proposed priority did not define ``individuals with 
long-term physical disabilities.'' In the final priority we clarify 
that the phrase ``individuals with long-term physical disabilities'' 
refers to individuals who acquired a disability during the life course 
from birth to childhood to middle age and are now aging with their 
disability. Although NIDRR is providing this clarification, we are 
purposefully using broad terminology to allow applicants to choose the 
target population or populations that are most relevant to their 
research questions and purposes. We do not want to preclude promising 
research by providing an overly prescriptive definition of the target 
population. The peer review process will determine the merits of each 
proposal.
    Changes: NIDRR has revised the opening paragraph of the priority to 
add

[[Page 34262]]

a sentence to clarify that the phrase ``individuals with long-term 
physical disabilities'' refers to those individuals who acquired a 
disability during the life course from birth to childhood to middle age 
and are now aging with their disability.
    Comment: Two commenters noted that the priority requires the RRTC 
to provide training to rehabilitation providers and other disability 
service providers (paragraph (c)(ii)) in order to facilitate more 
effective delivery of services. These commenters suggested that, by 
limiting the recipients of the required training to service providers, 
NIDRR may be limiting the knowledge that is available to consumers and 
reinforcing the knowledge barrier between service providers and 
consumers. These commenters suggested that NIDRR modify paragraph 
(c)(ii) to require the RRTC to provide training to consumers and 
service providers.
    Discussion: We based the requirements in paragraph (c)(ii) directly 
on the Federal regulations that govern the RRTC program. The 
regulations in 34 CFR 350.22(b)(1) and (2) require that training be 
provided to rehabilitation personnel to enable them to more effectively 
provide services and to rehabilitation research personnel to improve 
their capacity to conduct research. Nothing in these regulations or in 
the priority precludes applicants from proposing to provide training to 
individuals with disabilities. However, we do not have sufficient 
authority to require all applicants to do so.
    At the same time, the regulations in 34 CFR 350.22(c) require the 
RRTC to serve as an informational and technical assistance resource for 
both providers and individuals with disabilities and their 
representatives through such means as conferences, workshops, public 
education programs, in-service training programs, and similar 
activities. In light of these requirements relating to provision of 
technical assistance, which are summarized in paragraph (c)(i) of the 
priority, we do not believe the priority limits the amount of 
information that would be available to consumers.
    Changes: None.
    Comment: One commenter requested that NIDRR require the RRTC to 
conduct mechanistic studies of experimental animals that complement 
studies of humans with spinal cord injury (SCI) and require other 
studies of psychosocial, behavioral, and health effects of SCI on SCI 
caregivers.
    Discussion: Nothing in the priority precludes applicants from 
proposing the types of studies that are suggested by the commenter or 
from choosing to specify their target population as individuals with 
SCI. However, NIDRR does not wish to further specify the research 
requirements or target populations in the way suggested by the 
commenter and thereby limit the number and breadth of applications 
submitted under this priority. The peer review process will determine 
the merits of each proposal.
    Changes: None.
    Comment: Referring to the definitions that were provided in the 
notice, two commenters noted that the research stages, as defined, 
apply only to research on interventions. They noted that the focus on 
interventions does not allow applicants to describe the maturity of, or 
the stages involved in, other kinds of research, such as observational 
research or research toward the development of diagnostic or outcome 
assessment tools. These commenters suggested that NIDRR acknowledge 
that non-intervention research can be conducted in stages and develop 
and publish ``stages of research'' that are not focused on 
interventions. The commenters stated that, if NIDRR does not develop 
these additional stages of research, applicants who propose research 
that does not fit in the current stages should be exempt from 
identifying a research stage. The commenters expressed concern that 
research that is not focused on interventions may not be assessed 
properly by peer reviewers or may be seen by peer reviewers as less 
worthy of funding.
    Discussion: NIDRR's statutory mandate and mission compels us to 
support research that produces interventions (e.g., practices, 
programs, policies) with positive effects (improved outcomes in 
community living and participation, employment, health and function) on 
the lives of individuals with disabilities. In this context, we have 
provided these research stages as basic guidelines to help researchers 
think about, plan, and describe how their research is aligned with our 
broad goal of improving outcomes for individuals with disabilities.
    NIDRR does not plan to develop and publish ``stages of research'' 
that are not focused on interventions. We recognize that research 
directed toward the development of a new disability outcomes measure, 
for example, may be in an advanced or mature stage of development. 
Applicants are free to describe the maturity, or staging of, their 
proposed research using any framework that they deem appropriate. 
However, NIDRR believes that all disability and rehabilitation research 
can and should be categorized under the stages we described so that it 
is clear how the research that we sponsor is aligned with the practical 
intent of our authorizing legislation and our mission.
    NIDRR views no single research stage as more important than 
another. By providing a framework for applicants to describe how their 
research is currently needed at a particular stage and to describe the 
foundation laid for it at earlier stages of research, we aim to help 
propel research from exploratory stages to scale-up stages in which 
benefits can be experienced by large numbers of individuals with 
disabilities. NIDRR is actively developing peer reviewer orientation 
strategies to ensure that peer reviewers understand that NIDRR values 
high-quality at every stage of research.
    Changes: None.
    Comment: None.
    Discussion: NIDRR thinks that it is important to include 
individuals with disabilities among the stakeholder groups who are 
involved in the research activities conducted under paragraph (a).
    Changes: In paragraph (d) of the priority we clarified that ``key 
stakeholder groups'' include individuals with long-term disabilities.

Final Priority

    Background: This final priority is in concert with NIDRR's Long-
Range Plan for Fiscal Years 2013-2017 (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 improve the 
health and functioning, employment, and community living and 
participation of individuals with disabilities through comprehensive 
programs of research, 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 disability.
    This priority reflects a major area or domain of NIDRR's research 
agenda (health and function), combined with a specific broad disability 
population (long-term physical disability).
    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

[[Page 34263]]

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, which we published on May 7, 2013 (78 
FR 26513), are:
    (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 
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.
    Priority--RRTC on Promoting Healthy Aging for Individuals with 
Long-Term Physical Disabilities.
    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for an RRTC on Promoting Healthy Aging 
for Individuals with Long-Term Physical Disabilities. The term 
``individuals with long-term physical disabilities'' refers to 
individuals who acquired a disability during the life course from birth 
to childhood to middle age and are now aging with their disability. The 
RRTC must contribute to the development of new knowledge and accelerate 
the development, modification, and evaluation of evidence-based 
interventions and strategies that can be applied in clinical and 
community-based settings to promote healthy aging, including reducing 
secondary conditions, of individuals with long-term physical 
disabilities.
    To contribute to this outcome the RRTC must--
    (a) Conduct research activities in one or more of the following 
priority areas, focusing on individuals aging with long-term physical 
disabilities as a group or on individuals in specific disability or 
demographic subpopulations of individuals with long-term physical 
disabilities:
    (i) Individual and environmental factors associated with improved 
access to rehabilitation and health care resulting in improved health 
and function outcomes for individuals aging with long-term physical 
disabilities.
    (ii) Interventions that contribute to improved health and function 
outcomes for individuals aging with long-term 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.
    (iii) Effects of government practices, policies, and programs on 
health care access and on health and function outcomes for individuals 
aging with long-term physical disabilities.
    (iv) Technology to improve health and function outcomes for 
individuals aging with long-term physical disabilities;
    (b) Focus 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. These stages 
and their definitions are provided at the beginning of the Final 
Priority section in this notice;
    (c) Serve as a national resource center related to health and 
function for individuals aging with long-term physical disabilities, 
their families, and other stakeholders by:
    (i) Providing information and technical assistance to service 
providers, individuals aging with long-term 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 aging with long-term 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 aging with long-term 
physical disabilities; and
    (d) Involve key stakeholder groups, including individuals with 
long-term disabilities, 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

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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 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 RRTC will generate, and promote the use 
of, new knowledge that will improve the options for individuals with 
disabilities to perform regular activities of their choice in the 
community.
    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 4, 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. 2013-13602 Filed 6-6-13; 8:45 am]
BILLING CODE 4000-01-P
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