Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 27741 

discoveries, standards, interventions, 

programs, or devices) developed or 

tested with NIDRR funding that have 

been judged by expert panels to be of 

high quality and to advance the field. 

• The average number of publications 

per award based on NIDRR-funded 

research and development activities in 

refereed journals. 

• The percentage of new NIDRR 

grants that assess the effectiveness of 

interventions, programs, and devices 

using rigorous methods. 

Each grantee must annually report on 

its performance through NIDRR’s 

Annual Performance Report (APR) form. 

NIDRR uses APR information submitted 

by grantees to assess progress on these 

measures. 

VII. Agency Contact 

For Further Information Contact: 

Lynn Medley, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 5140, PCP, Washington, DC 20202. 

Telephone: (202) 245–7338 or by e-mail: 

Lynn.Medley@ed.gov. 

If you use a TDD, call the Federal 

Relay Service (FRS), toll free, at 1–800– 

877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

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, call the FRS, 

toll-free, at 1–800–877–8339. 

Electronic Access to This Document: 

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) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: 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 on GPO 

Access at: http://www.gpoaccess.gov/nara/

index.html. 

Dated: May 13, 2010. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2010–11876 Filed 5–17–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

National Institute on Disability and 

Rehabilitation Research (NIDRR); 

Disability and Rehabilitation Research 

Projects and Centers Program; 

Rehabilitation Research and Training 

Centers (RRTCs); Employer Practices 

Related to Employment Outcomes 

Among Individuals With Disabilities 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.133B–3. 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice of final priority. 

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 NIDRR. Specifically, 

this notice announces a priority for an 

RRTC on Employer Practices Related to 

Employment Outcomes Among 

Individuals with Disabilities. The 

Assistant Secretary may use this priority 

for competitions in fiscal year (FY) 2010 

and later years. We take this action to 

focus research attention on areas of 

national need. We intend this priority to 

improve rehabilitation services and 

outcomes for individuals with 

disabilities. 

DATES: Effective Date: This priority is 

effective June 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Medley, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 5140, PCP, Washington, DC 

20202. Telephone: (202) 245–7338 or by 

e-mail: Lynn.Medley@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: This 

notice of final priority is in concert with 

NIDRR’s Final Long-Range Plan for FY 

2005–2009 (Plan). The Plan, which was 

published in the Federal Register on 

February 15, 2006 (71 FR 8165), can be 

accessed on the Internet at the following 

site: http://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 expertise, information, and 

training to facilitate the advancement of 

knowledge and understanding of the 

unique needs of traditionally 

underserved populations; (3) determine 

best strategies and programs to improve 

rehabilitation outcomes for underserved 

populations; (4) identify research gaps; 

(5) identify mechanisms of integrating 

research and practice; and (6) 

disseminate findings. 

Purpose of Program: The purpose of 

the Disability and Rehabilitation 

Research Projects and Centers Program 

is to plan and conduct research, 

demonstration projects, training, and 

related activities, including 

international activities, to develop 

methods, procedures, and rehabilitation 

technology, that maximize the full 

inclusion and integration into society, 

employment, independent living, family 

support, and economic and social selfsufficiency of individuals with 

disabilities, especially individuals with 

the most severe disabilities, and to 

improve the effectiveness of services 

authorized under the Rehabilitation Act 

of 1973, as amended. 

RRTC Program 

The purpose of the RRTC program is 

to improve the effectiveness of services 

authorized under the Rehabilitation Act 

of 1973, as amended, through advanced 

research, training, technical assistance, 

and dissemination activities in general 

problem areas, as specified by NIDRR. 

Such activities are designed to benefit 

rehabilitation service providers, 

individuals with disabilities, and the 

family members or other authorized 

representatives of individuals with 

disabilities. In addition, NIDRR intends 

to require all RRTC applicants to meet 

the requirements of the General 

Rehabilitation Research and Training 

Centers (RRTC) Requirements priority 

that it published in a notice of final 

priorities in the Federal Register on 

February 1, 2008 (73 FR 6132). 

Additional information on the RRTC 

program can be found at: http://www.ed.

gov/rschstat/research/pubs/resprogram.html#RRTC. 

Statutory and Regulatory Requirements 

of RRTCs 

RRTCs must— 

• Carry out coordinated advanced 

programs of rehabilitation research; 

• Provide training, including 

graduate, pre-service, and in-service 

training, to help rehabilitation 

personnel more effectively provide 

rehabilitation services to individuals 

with disabilities; 

• Provide technical assistance to 

individuals with disabilities, their 

representatives, providers, and other 

interested parties; 

• Disseminate informational materials 

to individuals with disabilities, their 

representatives, providers, and other 

interested parties; and 

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27742 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 

• Serve as centers of national 

excellence in rehabilitation research for 

individuals with disabilities, their 

representatives, providers, and other 

interested parties. 

Applicants for RRTC grants must also 

demonstrate in their applications how 

they will address, in whole or in part, 

the needs of individuals with 

disabilities from minority backgrounds. 

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 (NPP) for NIDRR’s Disability 

and Rehabilitation Research Projects 

and Centers Program in the Federal 

Register on January 14, 2010 (75 FR 

2119). The NPP included a background 

statement that described our rationale 

for the priority proposed in that notice. 

There are differences between the 

NPP and this notice of final priority 

(NFP) as discussed in the following 

section. 

Public Comment: In response to our 

invitation in the NPP, three parties 

submitted comments on the proposed 

priority. An analysis of the comments 

and of any changes in the priority since 

publication of the NPP follows. 

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: 

Comment: One commenter suggested 

that employment research should not 

focus solely on employer practices but 

should also examine barriers to 

employment at the system and 

consumer levels. 

Discussion: NIDRR acknowledges the 

importance of conducting research on 

the system- and consumer-level barriers 

to the employment of individuals with 

disabilities. However, in establishing 

the scope of this priority, NIDRR 

considered the broad employmentrelated goals of the Office of Special 

Education and Rehabilitative Services 

and the state of the science on employer 

practices related to individuals with 

disabilities (summarized in the Notice 

of Proposed Priority published in the 

Federal Register on January 14, 2010 

(75 FR 2119–2122)). Based on these 

inputs, NIDRR concluded that this 

priority should be directed to research 

on specific employer practices towards 

hiring, retaining, and advancing 

individuals with disabilities and the 

relationship between different practices 

and employment outcomes for 

individuals with disabilities. 

Changes: None. 

Comment: One commenter pointed 

out that research alone is not sufficient 

to improve employer practices that 

affect individuals with disabilities. The 

commenter stated that research in this 

area must be translated and 

implemented in the field of practice, 

and that, for the employer practices to 

be effective, they must benefit both 

employers and employees. 

Discussion: NIDRR acknowledges the 

importance of translating research 

results into practice. Paragraph (c) of the 

priority requires the grantee to conduct 

training and dissemination activities to 

facilitate the utilization of research 

findings in employment settings. We 

believe that these requirements will 

help ensure that research results are 

disseminated and available to 

employers, vocational rehabilitation 

(VR) practitioners, and policy makers. 

Grantees also must collaborate with 

employers in developing, implementing, 

and evaluating intervention strategies. 

We believe that this requirement will 

help ensure that employers can provide 

feedback to the grantee on how practices 

can be implemented to benefit them as 

well as employees. 

Changes: None. 

Comment: One commenter suggested 

that the unit of analysis focus on 

changes in policies at the State level 

rather than the employer or individual 

level. The commenter noted that this 

level of analysis would facilitate the 

identification of the effects of systemlevel variables on employment 

outcomes. 

Discussion: Nothing in the priority 

precludes the examination of State-level 

data. However, the focus of the priority, 

as reflected in paragraphs (a) and (b), is 

on employer practices and the 

relationship between those practices 

and employment outcomes. Therefore, 

an applicant can propose to analyze 

State-level data provided that it also 

meets the requirements reflected in 

paragraphs (a) and (b) of the priority. 

Changes: None. 

Comment: One commenter suggested 

that applicants study factors other than 

employer practices that may affect the 

employment of individuals with 

disabilities. 

Discussion: Paragraph (a) of the 

proposed priority requires that the 

RRTC conduct research to determine the 

extent to which employer practices are 

associated with factors that include but 

are not limited to employer size, 

geographic regions, sector of industry or 

the economy (e.g., private sector, public 

sector, goods-producing, serviceproducing), employer preconceptions, 

and experience working with VR 

agencies. However, in the proposed 

priority, we inadvertently neglected to 

specify how research using these factors 

should be conducted and will change 

paragraph (a) in the priority to make this 

clear. 

Changes: NIDRR has revised the 

wording of the last sentence in 

paragraph (a) of the priority to clarify 

that the RRTC must conduct research to 

determine the extent to which the 

specific employer practices examined 

by the RRTC are associated with such 

factors as employer size, geographic 

regions, sector of industry or the 

economy (e.g., private sector, public 

sector, goods-producing, serviceproducing), employer preconceptions, 

and experience working with VR 

agencies. 

Final Priority: 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

announces a priority for a Rehabilitation 

Research and Training Center (RRTC) on 

Employer Practices Related to 

Employment Outcomes Among 

Individuals with Disabilities. This RRTC 

must conduct research that contributes 

to our knowledge about the differences 

that exist in employer practices towards 

hiring individuals with disabilities and 

the relationship between different 

practices and employment outcomes for 

individuals with disabilities. This new 

knowledge will contribute to more 

targeted interventions to improve 

employer practices related to the 

employment of individuals with 

disabilities. Under this priority, the 

RRTC must contribute to the following 

outcomes: 

(a) New knowledge of specific 

employer practices most strongly 

associated with desired employment 

outcomes for individuals with 

disabilities and the prevalence of these 

practices. The RRTC must contribute to 

this outcome by identifying and 

categorizing employer practices related 

to the hiring, retention, and 

advancement of individuals with 

disabilities and conducting research on 

the extent to which employers engage in 

specific practices that have been found 

in relevant research to promote positive 

employment outcomes for individuals 

with disabilities. The RRTC must also 

conduct research to determine the 

extent to which these employer 

practices are associated with factors that 

include, but are not limited to: 

Employer size, geographic regions, 

sector of industry or the economy (e.g., 

private sector, public sector, goodsproducing, service producing), 

employer preconceptions, and 

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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 27743 

experience working with vocational 

rehabilitation agencies. 

(b) Increased knowledge about how 

these practices relate to employer 

success in hiring, retention, and 

promotion of individuals with 

disabilities. Applicants must propose 

strategies to collect information about 

these practices and outcomes directly 

from employers, taking into account that 

it can be difficult to collect information 

about employer practices and outcomes. 

In addition, applicants are encouraged 

to use existing databases such as those 

maintained by the Equal Employment 

Opportunity Commission, the Small 

Business Administration, the Office of 

Federal Contract Compliance Programs, 

and disability insurance providers. 

(c) Increased incorporation of findings 

into practice and policy. The RRTC 

must contribute to this outcome by: 

(1) Collaborating with employer 

groups to develop, evaluate, or 

implement strategies to increase 

utilization of positive practices 

identified by the RRTC. 

(2) Conducting training and 

dissemination activities to facilitate the 

utilization of research findings in 

employment and policy settings. 

In addition, this RRTC must 

collaborate with: 

(1) Relevant Rehabilitation Services 

Administration grantees, such as the 10 

regional Technical Assistance and 

Continuing Education projects. 

(2) Relevant grantees and programs in 

the Department of Labor, including the 

Office of Disability Employment 

Policy’s National Technical Assistance, 

Policy, and Research Center for 

Employers. 

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 Order 12866: This notice 

has been reviewed in accordance with 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this final 

regulatory action. 

The potential costs associated with 

this final regulatory action are those 

resulting from statutory requirements 

and those we have determined as 

necessary for administering this 

program effectively and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this final regulatory 

action, we have determined that the 

benefits of the final priority justify the 

costs. 

Discussion of costs and benefits: 

The benefits of the Disability and 

Rehabilitation Research Projects and 

Centers Programs have been well 

established over the years in that similar 

projects have been completed 

successfully. This final priority will 

generate new knowledge through 

research and development. 

Another benefit of this final priority is 

that the establishment of a new RRTC 

will advance research to improve the 

lives of individuals with disabilities. 

The new RRTC will disseminate and 

promote the use of new information that 

will improve the options for individuals 

with disabilities to obtain, retain, and 

advance in employment. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

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, call the FRS, 

toll-free, at 1–800–877–8339. 

Electronic Access to This Document: 

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) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: 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 on GPO 

Access at: http://www.gpoaccess.gov/nara/

index.html. 

Dated: May 13, 2010. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2010–11877 Filed 5–17–10; 8:45 am] 

BILLING CODE 4000–01–P 

ELECTION ASSISTANCE COMMISSION 

Publication of State Plan Pursuant to 

the Help America Vote Act 

AGENCY: Election Assistance 

Commission (EAC). 

ACTION: Notice. 

SUMMARY: Pursuant to sections 

254(a)(11)(A) and 255(b) of the Help 

America Vote Act (HAVA), Public Law 

107–252, the U.S. Election Assistance 

Commission (EAC) hereby causes to be 

published in the Federal Register 

changes to the HAVA state plan 

previously submitted by New Mexico. 

DATES: This notice is effective upon 

publication in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Whitener, Telephone (202) 566– 

3100 or 1 (866) 747–1471 (toll-free). 

Subit Comments: Any comments 

regarding the plans published herewith 

should be made in writing to the chief 

election official of the individual state at 

the address listed below. 

SUPPLEMENTARY INFORMATION: On March 

24, 2004, the U.S. Election Assistance 

Commission published in the Federal 

Register the original HAVA state plans 

filed by the fifty States, the District of 

Columbia and the territories of 

American Samoa, Guam, Puerto Rico, 

and the U.S. Virgin Islands. 69 FR 

14002. HAVA anticipated that states, 

territories and the District of Columbia 

would change or update their plans 

from time to time pursuant to HAVA 

section 254(a)(11) through (13). HAVA 

sections 254(a)(11)(A) and 255 require 

EAC to publish such updates. This is 

the second revision to the state plan for 

New Mexico. 

The amendment to New Mexico’s 

state plan include securing a custom, 

hardware, firmware, and software 

maintenance services information 

technology contractual agreement for all 

state approved voting machines and 

other ancillary election equipment. In 

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