Proposed Priority-National Institute on Disability and Rehabilitation Research-Disability and Rehabilitation Research Projects and Centers Program-Rehabilitation Engineering Research Centers, 22817-22820 [2013-09043]
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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Proposed Rules
thence southwest to Point 3 in 25°46′00″
N, 80°07′26″ W; thence west to Point 4
in position 25°46′00″ N, 80°07′51″ W;
thence northeast back to origin.
(2) Spectator Area. All waters of the
Atlantic Ocean east of Miami Beach, FL
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 25°48′57″ N,
80°06′51″ W; thence east to Point 2 in
position 25°48′57″ N, 80°06′48″ W;
thence southwest to Point 3 in 25°47′27″
N, 80°07′06″ W; thence northwest to
Point 4 in position 25°47′28″ N,
80°07′09″ W; thence northeast back to
origin.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated areas.
(c) Regulations.
(1) All vessels except those vessels
participating in or officiating the race
are prohibited from entering, transiting
through, anchoring in, or remaining
within the event area without
authorization from the Captain of the
Port Miami or a designated
representative.
(2) All vessels, including spectator
vessels, are prohibited from anchoring
in the spectator area. On-scene
designated representatives will direct
spectator vessels to the spectator area.
(3) Non-participant persons and
vessels desiring to enter, transit through,
anchor in, or remain within the event
area may contact the Captain of the Port
Miami by telephone at 305–535–4472,
or a designated representative via VHF
radio on channel 16, to seek
authorization. If authorization to transit
through or anchor in the regulated area
is granted by the Captain of the Port
Miami or a designated representative,
all persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Miami or a designated representative.
(d) Enforcement Date. This rule is
effective from 9 a.m. on July 19, 2013,
until 5 p.m. on July 21, 2013. This rule
will be enforced from 9 a.m. until 5 p.m.
daily from July 19 through July 21,
2013.
Dated: March 20, 2013.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2013–08990 Filed 4–16–13; 8:45 am]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133E–4.]
Proposed Priority—National Institute
on Disability and Rehabilitation
Research—Disability and
Rehabilitation Research Projects and
Centers Program—Rehabilitation
Engineering Research Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority for the
Disability and Rehabilitation Research
Projects and Centers Program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). Specifically, this
notice proposes a priority for a
Rehabilitation Engineering Research
Center (RERC) on Universal Interfaces
and Information Technology Access.
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 to use
this priority to improve rehabilitation
services and outcomes for individuals
with disabilities.
DATES: We must receive your comments
on or before May 17, 2013.
ADDRESSES: Address all comments about
this notice to Marlene Spencer, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 5133, Potomac
Center Plaza (PCP), Washington, DC
20202–2700.
If you prefer to send your comments
by email, use the following address:
marlene.spencer@ed.gov. You must
include ‘‘Proposed Priorities for RERCs’’
and the priority title in the subject line
of your electronic message.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer. 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.
SUMMARY:
This
notice of proposed priority is in concert
with NIDRR’s 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.
SUPPLEMENTARY INFORMATION:
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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 methods 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 for integrating research and
practice; and (6) disseminate findings.
This notice proposes a priority that
NIDRR intends to use for an RERC
competition in FY 2013 and possibly in
later years. However, nothing precludes
NIDRR from publishing additional
priorities, if needed. Furthermore,
NIDRR is under no obligation to make
an award using this priority. The
decision to make an award will be based
on the quality of applications received
and available funding.
Invitation to Comment: We invite you
to submit comments regarding this
notice. To ensure that your comments
have maximum effect in developing the
notice of 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 notice in room 5133, 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,
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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 (Rehabilitation
Act).
Rehabilitation Engineering Research
Centers (RERCs) Program
The purpose of NIDRR’s RERCs
program, which is funded through the
Disability and Rehabilitation Research
Projects and Centers Program, is to
improve the effectiveness of services
authorized under the Rehabilitation Act.
It does so by conducting advanced
engineering research, developing and
evaluating innovative technologies,
facilitating service delivery system
changes, stimulating the production and
distribution of new technologies and
equipment in the private sector, and
providing training opportunities. RERCs
seek to solve rehabilitation problems
and remove environmental barriers to
improvements in employment,
community living and participation,
and health and function outcomes of
individuals with disabilities.
The general requirements for RERCs
are set out in subpart D of 34 CFR part
350 (What Rehabilitation Engineering
Research Centers Does the Secretary
Assist?).
Additional information on the RERCs
program can be found at: www.ed.gov/
rschstat/research/pubs/.
Program Authority: 29 U.S.C. 762(g) and
764(b)(3).
Applicable Program Regulations: 34
CFR part 350.
Proposed Priority
This notice contains one proposed
priority.
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Universal Interfaces and Information
Technology Access
Background
In a society in which activities of
daily life and community participation
increasingly require information
technology (IT) access and use, the
inability to interface effectively with IT
can be a substantial source of isolation
and deprivation for individuals with
disabilities (Emiliani, Stephanidis, &
Vanderheiden, 2011). IT refers to the
broad set of technologies employed to
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develop, maintain, and use computer
systems, software, and networks in
order to acquire, process, and distribute
information electronically. IT interfaces
are the connections between computer
systems, software, and networks and
other related devices with human users.
Individuals with disabilities who lack
access to, or are unable to interact
effectively with, IT systems are severely
limited in opportunities to participate in
education, employment, social, civic,
and commercial aspects of daily life
(National Council on Disability, 2006;
Emiliani, Stephanidis, & Vanderheiden,
2011).
Individuals with disabilities face
accessibility barriers when they use IT
and IT interfaces. Many people are
unable to see, hear, manipulate,
understand, or read electronic interfaces
in their standard formats and
presentations (National Council on
Disability, 2006; Vicente & Lopez, 2010).
For many individuals with disabilities,
as well as for the schools, employers,
and libraries that might provide
accessible IT solutions, the options
available to address accessibility
barriers are too complicated and
expensive (National Council on
Disability, 2006; Vanderheiden, 2008).
Moreover, while accessible technology
vendors once needed to provide access
to just one or two computing platforms,
a multitude of platforms now exists
(Windows, Mac, Linux, Android, etc.).
In addition, users face the challenge of
working with an increasing number of
devices with different and often
confusing IT interfaces designed with
features that optimize mobility, such as
small screens, that may not be
compatible with accessibility solutions
formerly developed for personal
computers. These devices include
telephones, tablets, and e-book readers.
The rapid development and deployment
of IT innovations further complicate
access.
The rapid development of technology
and computing platforms threatens to
expand the digital divide (the gap
between those that have access to IT and
those who do not) (Vicente & Lopez,
2010). Future advances in accessibility
of the Internet and computer systems
are necessary so we, as a society, do not
exclude individuals with disabilities
from the information that they need to
be engaged in the workforce and be fully
informed and active citizens. One
emerging opportunity in this area is the
use of cloud computing applications
that allow for personalized accessible
interfaces for individuals with
disabilities. Such interfaces may be
accessed from any computer, providing
the possibility of much greater choice
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and independence for individuals with
disabilities. These interfaces make it
easier for products to comply with
widely accepted standards and
guidelines for accessibility, such as
those implementing Section 508 of the
Rehabilitation Act (U.S. Access Board,
2008), the Web Content Accessibility
Guidelines of the Web Accessibility
Initiative (World Wide Web Consortium,
2008), and the principles of universal
design (Center for Universal Design,
1997). By making personalized
accessible interfaces available for
mainstream IT products, people with
disabilities get the benefit of lower cost
and greater consumer choice, as
compared to having to use products
developed only for the use of people
with disabilities. Accordingly, NIDRR
seeks to fund an RERC that enhances the
usability and effectiveness of current
and emerging IT devices and their
interfaces so that they are accessible to
individuals with various disabilities.
References
Center for Universal Design (1997). The
Principles of Universal Design. Retrieved
from: https://www.ncsu.edu/www/ncsu/
design/sod5/cud/about_ud/
udprinciplestext.htm.
Emiliani, P.L., Stephanidis, C., &
Vanderheiden, G. (2011). Technology and
inclusion—Past, present and foreseeable
future. Technology and Disability 23(3), 101–
114.
National Council on Disability. (2006).
Over the horizon: Potential impact of
emerging trends in information and
communication technology on disability
policy and practice. Washington, DC.
U.S. Access Board (n.d.)Section 508
Homepage: Electronic and Information
Technology. Retrieved from: https://
www.access-board.gov/508.htm.
Vanderheiden, G. C. (2008). Ubiquitous
accessibility, common technology core, and
micro assistive technology. ACM
Transactions in Accessible Computing 1(2),
10.1–7.
Vicente, M. R., & Lopez, A. J. (2010). A
multidimensional analysis of the disability
digital divide: some evidence for Internet
use. The Information Society 26(1), 48–64.
World Wide Web Consortium (2008). Web
Content Accessibility Guidelines (WCAG)
2.0. Retrieved from: https://www.w3.org/TR/
WCAG20/.
Proposed Priority
Under this priority, the RERC must
research, develop, and evaluate
innovative solutions to the problem of
inaccessibility of current and emerging
information technologies and
technology interfaces for individuals
with disabilities. These solutions may
include cloud computing applications
that allow for personalized accessible
interfaces. The RERC must focus its
research and development activities on
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promoting access for individuals with
disabilities to the multiple technologies
used in the home, the community, and
the workplace. The RERC must research,
develop, and evaluate built-in
accessibility and flexibility features in
interfaces of mainstream products. The
technical approaches developed by the
RERC must have the following
characteristics: (i) They must make it
possible for people with disabilities to
access and use the same mainstream IT
products as consumers generally, to the
greatest extent achievable, rather than
requiring people with disabilities to use
specialized products; (ii) They must
support access and use by people with
the widest achievable range of
disabilities, rather than being limited
only to particular disability groups; (iii)
They must provide as much as possible
a consistent user interface, when
applied to different products; (iv) They
must be designed to be extensible, so as
to be applicable to new IT products as
they emerge; and (v) They must be
developed along with methods that
would enable developers of IT products
to incorporate the new approaches into
IT products at reasonable cost. In
addition, this RERC must research,
develop, and evaluate simple and
inexpensive ways to activate and
control IT access features for use by
individuals with disabilities. This RERC
must work collaboratively with the
RERC on Telecommunication Access
and the RERC on Mobile Wireless
Technologies.
General RERC Requirements
Under this priority, the RERC must be
designed to contribute to the following
outcomes:
(1) Increased technical and scientific
knowledge relevant to its priority
research area. The RERC must
contribute to this outcome by
conducting high-quality, rigorous
research and development projects.
(2) Increased innovation in
technologies, products, environments,
performance guidelines, and monitoring
and assessment tools applicable to its
priority research area. The RERC must
contribute to this outcome through the
development and testing of these
innovations.
(3) Improved research capacity in its
priority research area. The RERC must
contribute to this outcome by
collaborating with the relevant industry,
professional associations, institutions of
higher education, health care providers,
or educators, as appropriate.
(4) Improved usability and
accessibility of products and
environments in the RERC’s priority
research area. The RERC must
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contribute to this outcome by
emphasizing the principles of universal
design in its product research and
development. For purposes of this
section, the term ‘‘universal design’’
means the design of products and
environments to be usable by all people,
to the greatest extent possible, without
the need for adaptation or specialized
design.
(5) Improved awareness and
understanding of cutting-edge
developments in technologies within its
priority research area. The RERC must
contribute to this outcome by
identifying and communicating with
relevant stakeholders, including NIDRR;
individuals with disabilities and their
representatives; disability organizations;
service providers; editors of professional
journals; manufacturers; and other
interested parties regarding trends and
evolving product concepts related to its
priority research area.
(6) Increased dissemination of
research in the priority research area.
The RERC must contribute to this
outcome by providing technical
assistance to relevant public and private
organizations, individuals with
disabilities, employers, and schools on
policies, guidelines, and standards
related to its priority research area.
(7) Increased transfer of RERCdeveloped technologies to the
marketplace. The RERC must contribute
to this outcome by developing and
implementing a plan for ensuring that
all technologies developed by the RERC
are made available to the public. The
technology transfer plan must be
developed in the first year of the project
period in consultation with the NIDRRfunded Disability Rehabilitation
Research Project, Center on Knowledge
Translation for Technology Transfer.
In addition, under this priority, the
RERC must—
• Have the capability to design, build,
and test prototype devices and assist in
the technology transfer and knowledge
translation of successful solutions to
relevant production and service delivery
settings;
• Evaluate the efficacy and safety of
its new products, instrumentation, or
assistive devices;
• Provide as part of its proposal, and
then implement, a plan that describes
how it will include, as appropriate,
individuals with disabilities or their
representatives in all phases of its
activities, including research,
development, training, dissemination,
and evaluation;
• Provide as part of its proposal, and
then implement, a plan to disseminate
its research results to individuals with
disabilities and their representatives;
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22819
disability organizations; service
providers; professional journals;
manufacturers; and other interested
parties. In meeting this requirement,
each RERC may use a variety of
mechanisms to disseminate information,
including state-of-the-science
conferences, webinars, Web sites, and
other dissemination methods; and
• Coordinate research projects of
mutual interest with relevant NIDRRfunded projects, as identified through
consultation with the NIDRR project
officer.
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
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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.
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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 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 Programs have been well
established over the years, as projects
similar to the one envisioned by the
proposed priority have been completed
successfully. Establishing new RERCs
based on the proposed priority would
generate new knowledge through
research and development and improve
the lives of individuals with disabilities.
The new RERCs would generate,
disseminate, and promote the use of
new information that would improve
the options for individuals with
disabilities to fully participate in their
communities.
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.
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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: April 12, 2013.
Michael K. Yudin,
Delegated the authority to perform the
functions and duties of Assistant Secretary
for Special Education and Rehabilitative
Services.
[FR Doc. 2013–09043 Filed 4–16–13; 8:45 am]
BILLING CODE 4000–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3001
[Order No. 1677; Docket No. RM2013–1]
Revisions to Rules of Practice
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This notice addresses
proposed revisions to the Commission’s
rules of practice. The revisions (as
clarified by an errata issued March 19,
2013) are intended to update existing
rules due to recent statutory and
regulatory changes; make technical
editorial changes; and foster clarity and
simplicity to reduce the potential for
confusion. The notice also takes related
administrative steps, including an
invitation for comments on the
proposed revisions. Comments will
assist the Commission in developing a
final rule.
DATES: Comment date: Comments due
on or before May 17, 2013.
ADDRESSES: Submit comments
electronically by accessing the ‘‘Filing
Online’’ link in the banner at the top of
the Commission’s Web site (https://
www.prc.gov) or by directly accessing
the Commission’s Filing Online system
at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Proposed Rules]
[Pages 22817-22820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09043]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133E-4.]
Proposed Priority--National Institute on Disability and
Rehabilitation Research--Disability and Rehabilitation Research
Projects and Centers Program--Rehabilitation Engineering Research
Centers
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority for the Disability and
Rehabilitation Research Projects and Centers Program administered by
the National Institute on Disability and Rehabilitation Research
(NIDRR). Specifically, this notice proposes a priority for a
Rehabilitation Engineering Research Center (RERC) on Universal
Interfaces and Information Technology Access. 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 to use this priority to improve
rehabilitation services and outcomes for individuals with disabilities.
DATES: We must receive your comments on or before May 17, 2013.
ADDRESSES: Address all comments about this notice to Marlene Spencer,
U.S. Department of Education, 400 Maryland Avenue SW., Room 5133,
Potomac Center Plaza (PCP), Washington, DC 20202-2700.
If you prefer to send your comments by email, use the following
address: marlene.spencer@ed.gov. You must include ``Proposed Priorities
for RERCs'' and the priority title in the subject line of your
electronic message.
FOR FURTHER INFORMATION CONTACT: Marlene Spencer. 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: This notice of proposed priority is in
concert with NIDRR's 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 expertise, information, and training methods 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 for integrating research and practice; and (6) disseminate
findings.
This notice proposes a priority that NIDRR intends to use for an
RERC competition in FY 2013 and possibly in later years. However,
nothing precludes NIDRR from publishing additional priorities, if
needed. Furthermore, NIDRR is under no obligation to make an award
using this priority. The decision to make an award will be based on the
quality of applications received and available funding.
Invitation to Comment: We invite you to submit comments regarding
this notice. To ensure that your comments have maximum effect in
developing the notice of 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 notice in room 5133, 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,
[[Page 22818]]
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 Engineering Research Centers (RERCs) Program
The purpose of NIDRR's RERCs program, which is funded through the
Disability and Rehabilitation Research Projects and Centers Program, is
to improve the effectiveness of services authorized under the
Rehabilitation Act. It does so by conducting advanced engineering
research, developing and evaluating innovative technologies,
facilitating service delivery system changes, stimulating the
production and distribution of new technologies and equipment in the
private sector, and providing training opportunities. RERCs seek to
solve rehabilitation problems and remove environmental barriers to
improvements in employment, community living and participation, and
health and function outcomes of individuals with disabilities.
The general requirements for RERCs are set out in subpart D of 34
CFR part 350 (What Rehabilitation Engineering Research Centers Does the
Secretary Assist?).
Additional information on the RERCs program can be found at:
www.ed.gov/rschstat/research/pubs/.
Program Authority: 29 U.S.C. 762(g) and 764(b)(3).
Applicable Program Regulations: 34 CFR part 350.
Proposed Priority
This notice contains one proposed priority.
Universal Interfaces and Information Technology Access
Background
In a society in which activities of daily life and community
participation increasingly require information technology (IT) access
and use, the inability to interface effectively with IT can be a
substantial source of isolation and deprivation for individuals with
disabilities (Emiliani, Stephanidis, & Vanderheiden, 2011). IT refers
to the broad set of technologies employed to develop, maintain, and use
computer systems, software, and networks in order to acquire, process,
and distribute information electronically. IT interfaces are the
connections between computer systems, software, and networks and other
related devices with human users. Individuals with disabilities who
lack access to, or are unable to interact effectively with, IT systems
are severely limited in opportunities to participate in education,
employment, social, civic, and commercial aspects of daily life
(National Council on Disability, 2006; Emiliani, Stephanidis, &
Vanderheiden, 2011).
Individuals with disabilities face accessibility barriers when they
use IT and IT interfaces. Many people are unable to see, hear,
manipulate, understand, or read electronic interfaces in their standard
formats and presentations (National Council on Disability, 2006;
Vicente & Lopez, 2010). For many individuals with disabilities, as well
as for the schools, employers, and libraries that might provide
accessible IT solutions, the options available to address accessibility
barriers are too complicated and expensive (National Council on
Disability, 2006; Vanderheiden, 2008). Moreover, while accessible
technology vendors once needed to provide access to just one or two
computing platforms, a multitude of platforms now exists (Windows, Mac,
Linux, Android, etc.). In addition, users face the challenge of working
with an increasing number of devices with different and often confusing
IT interfaces designed with features that optimize mobility, such as
small screens, that may not be compatible with accessibility solutions
formerly developed for personal computers. These devices include
telephones, tablets, and e-book readers. The rapid development and
deployment of IT innovations further complicate access.
The rapid development of technology and computing platforms
threatens to expand the digital divide (the gap between those that have
access to IT and those who do not) (Vicente & Lopez, 2010). Future
advances in accessibility of the Internet and computer systems are
necessary so we, as a society, do not exclude individuals with
disabilities from the information that they need to be engaged in the
workforce and be fully informed and active citizens. One emerging
opportunity in this area is the use of cloud computing applications
that allow for personalized accessible interfaces for individuals with
disabilities. Such interfaces may be accessed from any computer,
providing the possibility of much greater choice and independence for
individuals with disabilities. These interfaces make it easier for
products to comply with widely accepted standards and guidelines for
accessibility, such as those implementing Section 508 of the
Rehabilitation Act (U.S. Access Board, 2008), the Web Content
Accessibility Guidelines of the Web Accessibility Initiative (World
Wide Web Consortium, 2008), and the principles of universal design
(Center for Universal Design, 1997). By making personalized accessible
interfaces available for mainstream IT products, people with
disabilities get the benefit of lower cost and greater consumer choice,
as compared to having to use products developed only for the use of
people with disabilities. Accordingly, NIDRR seeks to fund an RERC that
enhances the usability and effectiveness of current and emerging IT
devices and their interfaces so that they are accessible to individuals
with various disabilities.
References
Center for Universal Design (1997). The Principles of Universal
Design. Retrieved from: https://www.ncsu.edu/www/ncsu/design/sod5/cud/about_ud/udprinciplestext.htm.
Emiliani, P.L., Stephanidis, C., & Vanderheiden, G. (2011).
Technology and inclusion--Past, present and foreseeable future.
Technology and Disability 23(3), 101-114.
National Council on Disability. (2006). Over the horizon:
Potential impact of emerging trends in information and communication
technology on disability policy and practice. Washington, DC.
U.S. Access Board (n.d.)Section 508 Homepage: Electronic and
Information Technology. Retrieved from: https://www.access-board.gov/508.htm.
Vanderheiden, G. C. (2008). Ubiquitous accessibility, common
technology core, and micro assistive technology. ACM Transactions in
Accessible Computing 1(2), 10.1-7.
Vicente, M. R., & Lopez, A. J. (2010). A multidimensional
analysis of the disability digital divide: some evidence for
Internet use. The Information Society 26(1), 48-64.
World Wide Web Consortium (2008). Web Content Accessibility
Guidelines (WCAG) 2.0. Retrieved from: https://www.w3.org/TR/WCAG20/.
Proposed Priority
Under this priority, the RERC must research, develop, and evaluate
innovative solutions to the problem of inaccessibility of current and
emerging information technologies and technology interfaces for
individuals with disabilities. These solutions may include cloud
computing applications that allow for personalized accessible
interfaces. The RERC must focus its research and development activities
on
[[Page 22819]]
promoting access for individuals with disabilities to the multiple
technologies used in the home, the community, and the workplace. The
RERC must research, develop, and evaluate built-in accessibility and
flexibility features in interfaces of mainstream products. The
technical approaches developed by the RERC must have the following
characteristics: (i) They must make it possible for people with
disabilities to access and use the same mainstream IT products as
consumers generally, to the greatest extent achievable, rather than
requiring people with disabilities to use specialized products; (ii)
They must support access and use by people with the widest achievable
range of disabilities, rather than being limited only to particular
disability groups; (iii) They must provide as much as possible a
consistent user interface, when applied to different products; (iv)
They must be designed to be extensible, so as to be applicable to new
IT products as they emerge; and (v) They must be developed along with
methods that would enable developers of IT products to incorporate the
new approaches into IT products at reasonable cost. In addition, this
RERC must research, develop, and evaluate simple and inexpensive ways
to activate and control IT access features for use by individuals with
disabilities. This RERC must work collaboratively with the RERC on
Telecommunication Access and the RERC on Mobile Wireless Technologies.
General RERC Requirements
Under this priority, the RERC must be designed to contribute to the
following outcomes:
(1) Increased technical and scientific knowledge relevant to its
priority research area. The RERC must contribute to this outcome by
conducting high-quality, rigorous research and development projects.
(2) Increased innovation in technologies, products, environments,
performance guidelines, and monitoring and assessment tools applicable
to its priority research area. The RERC must contribute to this outcome
through the development and testing of these innovations.
(3) Improved research capacity in its priority research area. The
RERC must contribute to this outcome by collaborating with the relevant
industry, professional associations, institutions of higher education,
health care providers, or educators, as appropriate.
(4) Improved usability and accessibility of products and
environments in the RERC's priority research area. The RERC must
contribute to this outcome by emphasizing the principles of universal
design in its product research and development. For purposes of this
section, the term ``universal design'' means the design of products and
environments to be usable by all people, to the greatest extent
possible, without the need for adaptation or specialized design.
(5) Improved awareness and understanding of cutting-edge
developments in technologies within its priority research area. The
RERC must contribute to this outcome by identifying and communicating
with relevant stakeholders, including NIDRR; individuals with
disabilities and their representatives; disability organizations;
service providers; editors of professional journals; manufacturers; and
other interested parties regarding trends and evolving product concepts
related to its priority research area.
(6) Increased dissemination of research in the priority research
area. The RERC must contribute to this outcome by providing technical
assistance to relevant public and private organizations, individuals
with disabilities, employers, and schools on policies, guidelines, and
standards related to its priority research area.
(7) Increased transfer of RERC-developed technologies to the
marketplace. The RERC must contribute to this outcome by developing and
implementing a plan for ensuring that all technologies developed by the
RERC are made available to the public. The technology transfer plan
must be developed in the first year of the project period in
consultation with the NIDRR-funded Disability Rehabilitation Research
Project, Center on Knowledge Translation for Technology Transfer.
In addition, under this priority, the RERC must--
Have the capability to design, build, and test prototype
devices and assist in the technology transfer and knowledge translation
of successful solutions to relevant production and service delivery
settings;
Evaluate the efficacy and safety of its new products,
instrumentation, or assistive devices;
Provide as part of its proposal, and then implement, a
plan that describes how it will include, as appropriate, individuals
with disabilities or their representatives in all phases of its
activities, including research, development, training, dissemination,
and evaluation;
Provide as part of its proposal, and then implement, a
plan to disseminate its research results to individuals with
disabilities and their representatives; disability organizations;
service providers; professional journals; manufacturers; and other
interested parties. In meeting this requirement, each RERC may use a
variety of mechanisms to disseminate information, including state-of-
the-science conferences, webinars, Web sites, and other dissemination
methods; and
Coordinate research projects of mutual interest with
relevant NIDRR-funded projects, as identified through consultation with
the NIDRR project officer.
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
[[Page 22820]]
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 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 Programs have been well established over the years, as
projects similar to the one envisioned by the proposed priority have
been completed successfully. Establishing new RERCs based on the
proposed priority would generate new knowledge through research and
development and improve the lives of individuals with disabilities. The
new RERCs would generate, disseminate, and promote the use of new
information that would improve the options for individuals with
disabilities to fully participate in their communities.
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: April 12, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-09043 Filed 4-16-13; 8:45 am]
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