Final Priorities; National Institute on Disability and Rehabilitation Research-Rehabilitation Research and Training Centers, 27038-27044 [2013-11086]
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27038
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations
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
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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 DRRP envisioned by the
final priority have been completed
successfully. Establishing a DRRP based
on the final priority will generate new
knowledge through research and
improve the lives of individuals with
disabilities. The new DRRP will
generate, disseminate, and promote the
use of new information that will
improve the options for individuals
with traumatic brain injuries to fully
participate in their communities.
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: May 6, 2013.
Michael K. Yudin,
Delegated the authority to perform the
functions and the duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Numbers: 84.133B–3, 84.133B–4,
84.133B–5, and 84.133B–6]
Final Priorities; National Institute on
Disability and Rehabilitation
Research—Rehabilitation Research
and Training Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priorities.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces priorities for the
Disability and Rehabilitation Research
Projects and Centers Program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). Specifically, we
announce priorities for Rehabilitation
Research and Training Centers (RRTCs)
on Community Living and Participation
for Individuals with Physical
Disabilities (Priority 1), Employment of
Individuals with Physical Disabilities
(Priority 2), Health and Function of
Individuals with Intellectual and
Developmental Disabilities (Priority 3),
and Community Living and
Participation for Individuals with
Intellectual and Developmental
Disabilities (Priority 4). If an applicant
proposes to conduct research under
these priorities, the research must be
focused on one of the four stages of
research defined in this notice. The
Assistant Secretary may use these
priorities 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 these
priorities to improve outcomes among
individuals with disabilities.
DATES: Effective Date: These priorities
are effective June 10, 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.
SUMMARY:
[FR Doc. 2013–11081 Filed 5–8–13; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4000–01–P
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
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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 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/resprogram.html#RRTC.
Program Authority: 29 U.S.C. 762(g)
and 764(b)(2)(A).
Applicable Program Regulations: 34
CFR part 350.
We published a notice of proposed
priorities in the Federal Register on
February 12, 2013 (78 FR 9869). That
notice contained background
information and our reasons for
proposing these particular priorities.
There are differences between the
notice of proposed priorities and this
notice of final priorities as discussed in
the Analysis of Comments and Changes
of this notice. Public Comment: In
response to our invitation in the notice
of proposed priorities, eight parties
submitted comments on the proposed
priorities.
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
priorities.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priorities since
publication of the notice of proposed
priorities follows.
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RRTC on Community Living and
Participation for Individuals With
Physical Disabilities (Priority 1)
We received no comments on this
priority.
RRTC on Employment of Individuals
With Physical Disabilities (Priority 2)
Comment: One commenter suggested
that NIDRR modify the priority to focus
research on initiatives for the
employment of people with physical
disabilities by private industry and
entrepreneurs.
Discussion: Nothing in the priority
precludes an applicant from proposing
research on the efforts of private
industry and entrepreneurs to hire
people with disabilities. However,
NIDRR does not wish to further specify
the research requirements 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: Two commenters noted
that this employment-focused RRTC
priority is aimed only at improving
outcomes for individuals with physical
disabilities. These commenters
discussed the importance of
employment outcomes for individuals
with intellectual and developmental
disabilities (ID/DD) and requested that
individuals with ID/DD be included in
the target population for this
employment priority.
Discussion: By focusing the priority
on employment outcomes for
individuals with physical disabilities,
NIDRR did not intend to convey that
employment is not important to
individuals in other target populations.
Rather, we are following the framework
described in NIDRR’s Long-Range Plan
for Fiscal Years 2013–2017 (78 FR
20299) (Plan), in which we discuss our
commitment to funding RRTCs that are
balanced across NIDRR’s three domains
(employment, health and function, and
community living and participation),
and across broad target populations. In
future years, NIDRR plans to fund
employment centers that are focused on
each of the specific target populations
described in the Plan, including
individuals with ID/DD.
Changes: None.
RRTC on Health and Function of
Individuals With Intellectual and
Developmental Disabilities (Priority 3)
We received no comments on this
priority.
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RRTC on Community Living and
Participation for Individuals With
Intellectual and Developmental
Disabilities (Priority 4)
Comment: Four commenters
discussed the importance of
employment outcomes for individuals
with ID/DD. These commenters
requested that NIDRR include
employment as a specific area of
community living research, either by
expanding the scope of paragraph (a) or
by expanding the list of priority areas
under (a) to include employment.
Discussion: In our Plan, NIDRR
distinguishes between ‘‘employment
outcomes’’ and ‘‘community living and
participation outcomes.’’ These outcome
domains define specific fields of
research and different service delivery
systems and programs. In future years,
NIDRR plans to fund RRTCs focused on
the employment of the target
populations identified in the Plan,
including individuals with ID/DD.
Under this priority, NIDRR seeks to
fund research, training, technical
assistance, and related activities that are
focused specifically on improving
community living and participation
outcomes for individuals with ID/DD.
While some applicants may choose to
include employment as an outcome that
is integral to community living and
participation, we do not want to limit
the number and breadth of applications
submitted under this priority by
requiring all applicants to do so. The
peer review process will determine the
merits of each application.
Changes: None.
Comments on All Four Priorities
Comment: Two commenters noted
that each of the four RRTC priorities
includes a requirement (paragraph
(c)(ii)) to provide training to
rehabilitation providers and other
disability service providers, 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) in each priority to require the
RRTCs to provide training to consumers
and service providers.
Discussion: The requirements in
paragraph (c)(ii) are based directly on
the Federal regulations that govern our
administration of the RRTC program.
The regulations in 34 CFR 350.22(b)(1)
require that training be provided to
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rehabilitation personnel or
rehabilitation research personnel. We
also note that recipients of training
under the RRTC program may include
rehabilitation or rehabilitation research
personnel who have disabilities. At the
same time, nothing in these regulations
or in the priorities precludes applicants
from proposing to provide training to
individuals with disabilities, whether or
not they are rehabilitation or
rehabilitation research personnel.
Changes: None.
Comment: Two commenters raised
questions about the broad target
populations that are identified in each
of the four priorities. The commenters
noted that people with traumatic brain
injury (TBI) or stroke have acquired
cognitive or intellectual disabilities but
often receive clinical services from
rehabilitation professionals with
expertise in physical disabilities. The
commenters asked whether it would be
more appropriate to submit an
application under the priority for an
RRTC on community living and
participation for people with physical
disabilities (Priority 1) or the priority for
an RRTC on community living and
participation for people with
intellectual and developmental
disabilities (Priority 4). The commenters
suggested that NIDRR clarify the
language related to these target
populations so that applicants apply
under the correct priority.
Discussion: Individuals with disabling
conditions, including TBI and stroke,
could be considered in multiple target
populations, including individuals with
physical disabilities. An individual
experiencing TBI as a child or youth
might also be considered an individual
with intellectual or developmental
disabilities, assuming the individual
meets the diagnostic standards. NIDRR
purposefully outlines broad categories
of target populations in its Plan to allow
applicants the flexibility to choose the
category that is most relevant to their
research questions and purposes. The
peer review process will determine the
merits of each proposal.
Changes: None.
Comment: Four commenters noted
their support for the focus on transition
in each of the four priorities. These
commenters noted that transition is a
process that is relevant to youth and
young adults with disabilities who are
moving from childhood roles into adult
roles. The commenters suggested that
NIDRR modify the language in
paragraph (a)(v) of each priority to
include transition-aged youth and
young adults.
Discussion: NIDRR agrees that the
process of transitioning from youth to
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adult roles involves both youth and
young adults and will modify paragraph
(a)(v) accordingly.
Changes: NIDRR has modified
paragraph (a)(v) in each priority to
include transition-aged youth and
young adults.
Comments on the Definitions
Comment: One commenter noted that
the definitions of research stages are
similar to those used by the Department
of Education’s Institute of Education
Sciences (IES). This commenter asked
NIDRR to provide information that will
allow applicants and reviewers to
differentiate between the research stages
that are defined by IES and NIDRR.
Discussion: NIDRR consulted with IES
about its stages of research as we
developed the stages described in this
notice. Although there are differences in
terminology, the two categorizations of
research stages are similar in that they
describe a progression of research that
purposefully builds knowledge toward
the development, evaluation, and
widespread implementation of
interventions to improve outcomes for
defined target populations. IES
developed its stages for application to
research related to education, which
generally takes place within educational
system and school settings. NIDRR
developed its stages, on the other hand,
for application in a much wider variety
of service delivery settings, including
the community, rehabilitation servicedelivery institutions, vocational
rehabilitation settings, and many other
settings in which individuals with
disabilities live and participate.
Changes: None.
Comment: Two commenters noted
that the research stages, as defined, are
appropriate only for different stages of
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. The
commenters suggested that NIDRR
should acknowledge that nonintervention 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
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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 toward the development of
a new disability outcomes measure, for
example, may be in an advanced or
mature stage of measure development.
Applicants are free to describe the
maturity, or staging of, their proposed
research using any framework that they
think is appropriate. However, NIDRR
believes that all disability and
rehabilitation research can and should
be categorized under the stages
described in this notice 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 research at each of the
stages described in this notice.
Changes: None.
Comment: Three commenters asked
NIDRR to provide additional details in
the definitions of the four research
stages, noting that many research
projects could be placed in more than
one stage. Similarly, one commenter
noted that the terms used to describe the
‘‘scale-up evaluation’’ stage of research
could be interpreted broadly and that
this category could overlap substantially
with the ‘‘intervention efficacy’’ stage.
All three commenters asked for further
clarification of the definitions of the
stages or for illustrations and examples
of each.
Discussion: NIDRR has developed
these research stages as broad guidelines
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to help researchers think about, plan,
and describe how their research furthers
the aim of improving outcomes for
individuals with disabilities. Within the
definition of each stage, we have
purposefully used language that allows
applicants to categorize their proposed
research in more than one stage
depending on the specifics of their
planned work. For example, throughout
each definition, we use the word ‘‘may’’
instead of ‘‘must.’’ In paragraph (b) of
each priority, NIDRR allows applicants
the flexibility to propose ‘‘research that
can be categorized under more than one
of the research stages, or research that
progresses from one stage to another.’’
With this flexibility, applicants may
describe and justify the stage or stages
of research that they are proposing. The
peer review process will determine the
merits of each application.
Changes: None.
Final Priorities
Background
This notice contains four priorities.
Each priority reflects a major area or
domain of NIDRR’s research agenda
(community living and participation,
health and function, and employment),
combined with a specific broad
disability population (physical
disability or intellectual and
developmental disability).
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Definitions
The research that is proposed under
these priorities must be focused on one
or more stages of research. If the RRTC
is to conduct research that can be
categorized under more than one
research stage, or research that
progresses from one stage to another,
those research stages must be clearly
specified. For purposes of these
priorities, the stages of research, which
we published for comment on January
25, 2013, 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
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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 ‘‘scalingup’’ 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 realworld 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 welldesigned studies of an intervention that
has been widely adopted in practice, but
that lacks a sufficient evidence-base to
demonstrate its effectiveness.
Priority 1—RRTC on Community Living
and Participation for Individuals With
Physical Disabilities
The Assistant Secretary for Special
Education and Rehabilitative Services
establishes a priority for an RRTC on
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Community Living and Participation for
Individuals with Physical Disabilities.
The RRTC must contribute to
maximizing the community living and
participation outcomes of individuals
with physical disabilities by:
(a) Conducting research activities in
one or more of the following priority
areas, focusing on individuals with
physical disabilities as a group or on
individuals in specific disability or
demographic subpopulations of
individuals with physical disabilities:
(i) Technology to improve community
living and participation outcomes for
individuals with physical disabilities.
(ii) Individual and environmental
factors associated with improved
community living and participation
outcomes for individuals with physical
disabilities.
(iii) Interventions that contribute to
improved community living and
participation outcomes for individuals
with physical disabilities. Interventions
include any strategy, practice, program,
policy, or tool that, when implemented
as intended, contributes to
improvements in outcomes for
individuals with physical disabilities.
(iv) Effects of government practices,
policies, and programs on community
living and participation outcomes for
individuals with physical disabilities.
(v) Practices and policies that
contribute to improved community
living and participation outcomes for
transition-aged youth and young adults
with physical disabilities.
(b) Focusing its research on one or
more specific stages of research. If the
RRTC is to conduct research that can be
categorized under more than one of the
research stages, or research that
progresses from one stage to another,
those stages must be clearly specified.
These stages and their definitions are
provided at the beginning of the Final
Priorities section in this notice.
(c) Serving as a national resource
center related to community living and
participation for individuals with
physical disabilities, their families, and
other stakeholders by conducting
knowledge translation activities that
include, but are not limited to:
(i) Providing information and
technical assistance to service
providers, individuals with physical
disabilities and their representatives,
and other key stakeholders;
(ii) Providing training, including
graduate, pre-service, and in-service
training, to rehabilitation providers and
other disability service providers, to
facilitate more effective delivery of
services to individuals with physical
disabilities. This training may be
provided through conferences,
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workshops, public education programs,
in-service training programs, and
similar activities;
(iii) Disseminating research-based
information and materials related to
community living and participation for
individuals with physical disabilities;
and
(iv) Involving key stakeholder groups
in the activities conducted under
paragraph (a) in order to maximize the
relevance and usability of the new
knowledge generated by the RRTC.
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Priority 2—RRTC on Employment of
Individuals With Physical Disabilities
The Assistant Secretary for Special
Education and Rehabilitative Services
establishes a priority for an RRTC on
Employment of Individuals with
Physical Disabilities.
The RRTC must contribute to
maximizing the employment outcomes
of individuals with physical disabilities
by:
(a) Conducting research activities in
one or more of the following priority
areas, focusing on individuals with
physical disabilities as a group or on
individuals in specific disability or
demographic subpopulations of
individuals with physical disabilities:
(i) Technology to improve
employment outcomes for individuals
with physical disabilities.
(ii) Individual and environmental
factors associated with improved
employment outcomes for individuals
with physical disabilities.
(iii) Interventions that contribute to
improved employment outcomes for
individuals with physical disabilities.
Interventions include any strategy,
practice, program, policy, or tool that,
when implemented as intended,
contributes to improvements in
outcomes for individuals with physical
disabilities.
(iv) Effects of government practices,
policies, and programs on employment
outcomes for individuals with physical
disabilities.
(v) Practices and policies that
contribute to improved employment
outcomes for transition-aged youth and
young adults with physical disabilities.
(vi) Vocational rehabilitation (VR)
practices that contribute to improved
employment outcomes for individuals
with physical disabilities.
(b) Focusing its research on one or
more specific stages of research. If the
RRTC is to conduct research that can be
categorized under more than one of the
research stages, or research that
progresses from one stage to another,
those stages must be clearly specified.
These stages and their definitions are
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provided at the beginning of the Final
Priorities section in this notice.
(c) Serving as a national resource
center related to employment for
individuals with physical disabilities,
their families, and other stakeholders by
conducting knowledge translation
activities that include, but are not
limited to:
(i) Providing information and
technical assistance to service
providers, individuals with physical
disabilities and their representatives,
and other key stakeholders.
(ii) Providing training, including
graduate, pre-service, and in-service
training, to rehabilitation providers and
other disability service providers, to
facilitate more effective delivery of
employment services and supports to
individuals with physical disabilities.
This training may be provided through
conferences, workshops, public
education programs, in-service training
programs, and similar activities.
(iii) Disseminating research-based
information and materials related to
employment for individuals with
physical disabilities.
(iv) Involving key stakeholder groups
in the activities conducted under
paragraph (a) in order to maximize the
relevance and usability of the new
knowledge generated by the RRTC.
Priority 3—RRTC on Health and
Function of Individuals With
Intellectual and Developmental
Disabilities
The Assistant Secretary for Special
Education and Rehabilitative Services
establishes a priority for an RRTC on the
Health and Function of Individuals with
Intellectual and Developmental
Disabilities.
The RRTC must contribute to
maximizing the health and function
outcomes of individuals with
intellectual and/or developmental
disabilities by:
(a) Conducting research activities in
one or more of the following priority
areas, focusing on individuals with
intellectual and developmental
disabilities as a group or on individuals
in specific disability or demographic
subpopulations of individuals with
intellectual and developmental
disabilities:
(i) Technology to improve health and
function outcomes for individuals with
intellectual and developmental
disabilities.
(ii) Individual and environmental
factors associated with improved access
to rehabilitation and health care and
improved health and function outcomes
for individuals with intellectual and
developmental disabilities.
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(iii) Interventions that contribute to
improved health and function outcomes
for individuals with intellectual and
developmental disabilities.
Interventions include any strategy,
practice, program, policy, or tool that,
when implemented as intended,
contributes to improvements in
outcomes for the specified population.
(iv) Effects of government practices,
policies, and programs on health care
access and on health and function
outcomes for individuals with
intellectual and developmental
disabilities.
(v) Practices and policies that
contribute to improved health and
function outcomes for transition-aged
youth and young adults with
intellectual and developmental
disabilities.
(b) Focusing its research on one or
more specific stages of research. If the
RRTC is to conduct research that can be
categorized under more than one of the
research stages, or research that
progresses from one stage to another,
those stages must be clearly specified.
These stages and their definitions are
provided at the beginning of the Final
Priorities section in this notice.
(c) Serving as a national resource
center related to health and function for
individuals with intellectual and
developmental disabilities, their
families, and other stakeholders by
conducting knowledge translation
activities that include, but are not
limited to:
(i) Providing information and
technical assistance to service
providers, individuals with intellectual
and developmental disabilities and their
representatives, and other key
stakeholders.
(ii) Providing training, including
graduate, pre-service, and in-service
training, to rehabilitation providers and
other disability service providers, to
facilitate more effective delivery of
services to individuals with intellectual
and developmental disabilities. This
training may be provided through
conferences, workshops, public
education programs, in-service training
programs, and similar activities.
(iii) Disseminating research-based
information and materials related to
health and function for individuals with
intellectual and developmental
disabilities.
(iv) Involving key stakeholder groups
in the activities conducted under
paragraph (a) in order to maximize the
relevance and usability of the new
knowledge generated by the RRTC.
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Priority 4—RRTC on Community Living
and Participation for Individuals With
Intellectual and Developmental
Disabilities
The Assistant Secretary for Special
Education and Rehabilitative Services
establishes a priority for an RRTC on
Community Living and Participation for
Individuals with Intellectual and
Developmental Disabilities.
The RRTC must contribute to
improving the community living and
participation outcomes of individuals
with intellectual and developmental
disabilities by:
(a) Conducting research activities in
one or more of the following priority
areas, focusing on individuals with
intellectual and developmental
disabilities as a group or on individuals
in specific disability or demographic
subpopulations of individuals with
intellectual and developmental
disabilities:
(i) Technology to improve community
living and participation outcomes for
individuals with intellectual and
developmental disabilities.
(ii) Individual and environmental
factors associated with improved
community living and participation
outcomes for individuals with
intellectual and developmental
disabilities.
(iii) Interventions that contribute to
improved community living and
participation outcomes for individuals
with intellectual and developmental
disabilities. Interventions include any
strategy, practice, program, policy, or
tool that, when implemented as
intended, contributes to improvements
in outcomes for individuals with
disabilities.
(iv) Effects of government practices,
policies, and programs on community
living and participation outcomes for
individuals with intellectual and
developmental disabilities.
(v) Practices and policies that
contribute to improved community
living and participation outcomes for
transition-aged youth and young adults
with intellectual and developmental
disabilities.
(b) Focusing its research on one or
more specific stages of research. If the
RRTC is to conduct research that can be
categorized under more than one of the
research stages, or research that
progresses from one stage to another,
those stages must be clearly specified.
These stages and their definitions are
provided at the beginning of the Final
Priorities section in this notice.
(c) Serving as a national resource
center related to community living and
participation for individuals with
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intellectual and developmental
disabilities, their families, and other
stakeholders by conducting knowledge
translation activities that include, but
are not limited to:
(i) Providing information and
technical assistance to service
providers, individuals with intellectual
and developmental disabilities and their
representatives, and other key
stakeholders.
(ii) Providing training, including
graduate, pre-service, and in-service
training, to rehabilitation providers and
other disability service providers, to
facilitate more effective delivery of
services to individuals with intellectual
and developmental 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
community living and participation for
individuals with intellectual and
developmental disabilities.
(iv) Involving key stakeholder groups
in the activities conducted under
paragraph (a) in order to maximize the
relevance and usability of the new
knowledge generated by the RRTC.
Types of Priorities
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
This notice does not preclude us from
proposing additional priorities,
requirements, definitions, or selection
criteria, subject to meeting applicable
rulemaking requirements.
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27043
Note: This notice does not solicit
applications. In any year in which we choose
to use one or more of these priorities, 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);
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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations
(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 these final priorities
only on a reasoned determination that
their benefits justify their 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 ones envisioned by the
final priorities have been completed
successfully. Establishing new RRTCs
based on the final priorities will
generate new knowledge through
research and improve the lives of
individuals with disabilities. The new
RRTCs will provide support and
assistance for NIDRR grantees as they
generate, disseminate, and promote the
use of new information 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
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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: May 6, 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. 2013–11086 Filed 5–8–13; 8:45 am]
BILLING CODE 4000–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3002
[Order No. 1705; Docket No. RM2013–3]
Agency Organization
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is following
up on a previous rulemaking by
amending the description of its
organizational functions in its
regulations. It is also replacing its
official seal. The changes to functional
descriptions conform to expanded
responsibilities under a postal reform
law. Formal adoption of the new official
seal also conforms to the postal reform
law. Given the administrative nature of
the changes, comments are not required
or requested.
DATES: Effective June 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION: Regulatory
history: 72 FR 33165 (June 15, 2007).
SUMMARY:
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Table of Contents
I. Background
II. Changes to Part 3002
III. Effective Date
IV. Conclusion
I. Background
This final rule amends the Postal
Regulatory Commission’s organizational
description, 39 CFR part 3002, by
revising regulations that describe the
agency’s jurisdiction, seal, and
individual office components. This rule
reflects changes to the Commission’s
organization since the passage of the
Postal Accountability and Enhancement
Act (PAEA), Public Law 109–435, 120
Stat. 3198 (2006).
The PAEA transformed the Postal
Rate Commission into the Postal
Regulatory Commission, repealed
several key sections of title 39 of the
United States Code, and added a
number of new statutory provisions to
title 39. The result was a major change
in the Commission’s regulatory
responsibilities and authorities. In
response to the changes made by the
PAEA, the Commission changed its
organizational structure to reflect its
responsibilities under the PAEA. These
amendments to 39 CFR part 3002 reflect
these organizational changes.
II. Changes to Part 3002
The changes adopted in this order
amend descriptions to reflect present
Commission structure. The following
list summarizes the impact of this order
on the provisions of 39 CFR part 3002
by providing a section-by-section
analysis of the amended portions of part
3002. In addition, below the signature of
the Secretary at the end of this order are
the amended sections of part 3002
reproduced in their entireties.
Rules 3002.2(a) and (b) are revised to
read as set forth in the regulatory text of
this final rule.
The indefinite suspension of Rule
3002.3 is lifted.
Rule 3002.3(a) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission.’’
Rule 3002.3(b)(1) is revised to read as
set forth in the regulatory text of this
final rule.
Rule 3002.3(b)(2) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission’’
and by replacing the former seal with
the current seal.
Rule 3002.3(c)(1) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission’’
and by deleting the word ‘‘therefore.’’
Rule 3002.3(c)(2) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission.’’
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Agencies
[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27038-27044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11086]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Numbers: 84.133B-3, 84.133B-4, 84.133B-5, and 84.133B-6]
Final Priorities; 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 priorities.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces priorities for the Disability and
Rehabilitation Research Projects and Centers Program administered by
the National Institute on Disability and Rehabilitation Research
(NIDRR). Specifically, we announce priorities for Rehabilitation
Research and Training Centers (RRTCs) on Community Living and
Participation for Individuals with Physical Disabilities (Priority 1),
Employment of Individuals with Physical Disabilities (Priority 2),
Health and Function of Individuals with Intellectual and Developmental
Disabilities (Priority 3), and Community Living and Participation for
Individuals with Intellectual and Developmental Disabilities (Priority
4). If an applicant proposes to conduct research under these
priorities, the research must be focused on one of the four stages of
research defined in this notice. The Assistant Secretary may use these
priorities 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 these priorities to improve outcomes among individuals
with disabilities.
DATES: Effective Date: These priorities are effective June 10, 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
[[Page 27039]]
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)(A).
Applicable Program Regulations: 34 CFR part 350.
We published a notice of proposed priorities in the Federal
Register on February 12, 2013 (78 FR 9869). That notice contained
background information and our reasons for proposing these particular
priorities.
There are differences between the notice of proposed priorities and
this notice of final priorities as discussed in the Analysis of
Comments and Changes of this notice. Public Comment: In response to our
invitation in the notice of proposed priorities, eight parties
submitted comments on the proposed priorities.
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
priorities.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priorities since publication of the notice of
proposed priorities follows.
RRTC on Community Living and Participation for Individuals With
Physical Disabilities (Priority 1)
We received no comments on this priority.
RRTC on Employment of Individuals With Physical Disabilities (Priority
2)
Comment: One commenter suggested that NIDRR modify the priority to
focus research on initiatives for the employment of people with
physical disabilities by private industry and entrepreneurs.
Discussion: Nothing in the priority precludes an applicant from
proposing research on the efforts of private industry and entrepreneurs
to hire people with disabilities. However, NIDRR does not wish to
further specify the research requirements 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: Two commenters noted that this employment-focused RRTC
priority is aimed only at improving outcomes for individuals with
physical disabilities. These commenters discussed the importance of
employment outcomes for individuals with intellectual and developmental
disabilities (ID/DD) and requested that individuals with ID/DD be
included in the target population for this employment priority.
Discussion: By focusing the priority on employment outcomes for
individuals with physical disabilities, NIDRR did not intend to convey
that employment is not important to individuals in other target
populations. Rather, we are following the framework described in
NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299)
(Plan), in which we discuss our commitment to funding RRTCs that are
balanced across NIDRR's three domains (employment, health and function,
and community living and participation), and across broad target
populations. In future years, NIDRR plans to fund employment centers
that are focused on each of the specific target populations described
in the Plan, including individuals with ID/DD.
Changes: None.
RRTC on Health and Function of Individuals With Intellectual and
Developmental Disabilities (Priority 3)
We received no comments on this priority.
RRTC on Community Living and Participation for Individuals With
Intellectual and Developmental Disabilities (Priority 4)
Comment: Four commenters discussed the importance of employment
outcomes for individuals with ID/DD. These commenters requested that
NIDRR include employment as a specific area of community living
research, either by expanding the scope of paragraph (a) or by
expanding the list of priority areas under (a) to include employment.
Discussion: In our Plan, NIDRR distinguishes between ``employment
outcomes'' and ``community living and participation outcomes.'' These
outcome domains define specific fields of research and different
service delivery systems and programs. In future years, NIDRR plans to
fund RRTCs focused on the employment of the target populations
identified in the Plan, including individuals with ID/DD. Under this
priority, NIDRR seeks to fund research, training, technical assistance,
and related activities that are focused specifically on improving
community living and participation outcomes for individuals with ID/DD.
While some applicants may choose to include employment as an outcome
that is integral to community living and participation, we do not want
to limit the number and breadth of applications submitted under this
priority by requiring all applicants to do so. The peer review process
will determine the merits of each application.
Changes: None.
Comments on All Four Priorities
Comment: Two commenters noted that each of the four RRTC priorities
includes a requirement (paragraph (c)(ii)) to provide training to
rehabilitation providers and other disability service providers, 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) in each priority to require the
RRTCs to provide training to consumers and service providers.
Discussion: The requirements in paragraph (c)(ii) are based
directly on the Federal regulations that govern our administration of
the RRTC program. The regulations in 34 CFR 350.22(b)(1) require that
training be provided to
[[Page 27040]]
rehabilitation personnel or rehabilitation research personnel. We also
note that recipients of training under the RRTC program may include
rehabilitation or rehabilitation research personnel who have
disabilities. At the same time, nothing in these regulations or in the
priorities precludes applicants from proposing to provide training to
individuals with disabilities, whether or not they are rehabilitation
or rehabilitation research personnel.
Changes: None.
Comment: Two commenters raised questions about the broad target
populations that are identified in each of the four priorities. The
commenters noted that people with traumatic brain injury (TBI) or
stroke have acquired cognitive or intellectual disabilities but often
receive clinical services from rehabilitation professionals with
expertise in physical disabilities. The commenters asked whether it
would be more appropriate to submit an application under the priority
for an RRTC on community living and participation for people with
physical disabilities (Priority 1) or the priority for an RRTC on
community living and participation for people with intellectual and
developmental disabilities (Priority 4). The commenters suggested that
NIDRR clarify the language related to these target populations so that
applicants apply under the correct priority.
Discussion: Individuals with disabling conditions, including TBI
and stroke, could be considered in multiple target populations,
including individuals with physical disabilities. An individual
experiencing TBI as a child or youth might also be considered an
individual with intellectual or developmental disabilities, assuming
the individual meets the diagnostic standards. NIDRR purposefully
outlines broad categories of target populations in its Plan to allow
applicants the flexibility to choose the category that is most relevant
to their research questions and purposes. The peer review process will
determine the merits of each proposal.
Changes: None.
Comment: Four commenters noted their support for the focus on
transition in each of the four priorities. These commenters noted that
transition is a process that is relevant to youth and young adults with
disabilities who are moving from childhood roles into adult roles. The
commenters suggested that NIDRR modify the language in paragraph (a)(v)
of each priority to include transition-aged youth and young adults.
Discussion: NIDRR agrees that the process of transitioning from
youth to adult roles involves both youth and young adults and will
modify paragraph (a)(v) accordingly.
Changes: NIDRR has modified paragraph (a)(v) in each priority to
include transition-aged youth and young adults.
Comments on the Definitions
Comment: One commenter noted that the definitions of research
stages are similar to those used by the Department of Education's
Institute of Education Sciences (IES). This commenter asked NIDRR to
provide information that will allow applicants and reviewers to
differentiate between the research stages that are defined by IES and
NIDRR.
Discussion: NIDRR consulted with IES about its stages of research
as we developed the stages described in this notice. Although there are
differences in terminology, the two categorizations of research stages
are similar in that they describe a progression of research that
purposefully builds knowledge toward the development, evaluation, and
widespread implementation of interventions to improve outcomes for
defined target populations. IES developed its stages for application to
research related to education, which generally takes place within
educational system and school settings. NIDRR developed its stages, on
the other hand, for application in a much wider variety of service
delivery settings, including the community, rehabilitation service-
delivery institutions, vocational rehabilitation settings, and many
other settings in which individuals with disabilities live and
participate.
Changes: None.
Comment: Two commenters noted that the research stages, as defined,
are appropriate only for different stages of 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. The commenters
suggested that NIDRR should 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
toward the development of a new disability outcomes measure, for
example, may be in an advanced or mature stage of measure development.
Applicants are free to describe the maturity, or staging of, their
proposed research using any framework that they think is appropriate.
However, NIDRR believes that all disability and rehabilitation research
can and should be categorized under the stages described in this notice
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 research at each of the stages described in this notice.
Changes: None.
Comment: Three commenters asked NIDRR to provide additional details
in the definitions of the four research stages, noting that many
research projects could be placed in more than one stage. Similarly,
one commenter noted that the terms used to describe the ``scale-up
evaluation'' stage of research could be interpreted broadly and that
this category could overlap substantially with the ``intervention
efficacy'' stage. All three commenters asked for further clarification
of the definitions of the stages or for illustrations and examples of
each.
Discussion: NIDRR has developed these research stages as broad
guidelines
[[Page 27041]]
to help researchers think about, plan, and describe how their research
furthers the aim of improving outcomes for individuals with
disabilities. Within the definition of each stage, we have purposefully
used language that allows applicants to categorize their proposed
research in more than one stage depending on the specifics of their
planned work. For example, throughout each definition, we use the word
``may'' instead of ``must.'' In paragraph (b) of each priority, NIDRR
allows applicants the flexibility to propose ``research that can be
categorized under more than one of the research stages, or research
that progresses from one stage to another.'' With this flexibility,
applicants may describe and justify the stage or stages of research
that they are proposing. The peer review process will determine the
merits of each application.
Changes: None.
Final Priorities
Background
This notice contains four priorities. Each priority reflects a
major area or domain of NIDRR's research agenda (community living and
participation, health and function, and employment), combined with a
specific broad disability population (physical disability or
intellectual and developmental disability).
Definitions
The research that is proposed under these priorities must be
focused on one or more stages of research. If the RRTC is to conduct
research that can be categorized under more than one research stage, or
research that progresses from one stage to another, those research
stages must be clearly specified. For purposes of these priorities, the
stages of research, which we published for comment on January 25, 2013,
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 1--RRTC on Community Living and Participation for Individuals
With Physical Disabilities
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for an RRTC on Community Living and
Participation for Individuals with Physical Disabilities.
The RRTC must contribute to maximizing the community living and
participation outcomes of individuals with physical disabilities by:
(a) Conducting research activities in one or more of the following
priority areas, focusing on individuals with physical disabilities as a
group or on individuals in specific disability or demographic
subpopulations of individuals with physical disabilities:
(i) Technology to improve community living and participation
outcomes for individuals with physical disabilities.
(ii) Individual and environmental factors associated with improved
community living and participation outcomes for individuals with
physical disabilities.
(iii) Interventions that contribute to improved community living
and participation outcomes for individuals with physical disabilities.
Interventions include any strategy, practice, program, policy, or tool
that, when implemented as intended, contributes to improvements in
outcomes for individuals with physical disabilities.
(iv) Effects of government practices, policies, and programs on
community living and participation outcomes for individuals with
physical disabilities.
(v) Practices and policies that contribute to improved community
living and participation outcomes for transition-aged youth and young
adults with physical disabilities.
(b) Focusing its research on one or more specific stages of
research. If the RRTC is to conduct research that can be categorized
under more than one of the research stages, or research that progresses
from one stage to another, those stages must be clearly specified.
These stages and their definitions are provided at the beginning of the
Final Priorities section in this notice.
(c) Serving as a national resource center related to community
living and participation for individuals with physical disabilities,
their families, and other stakeholders by conducting knowledge
translation activities that include, but are not limited to:
(i) Providing information and technical assistance to service
providers, individuals with physical disabilities and their
representatives, and other key stakeholders;
(ii) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation providers and other disability
service providers, to facilitate more effective delivery of services to
individuals with physical disabilities. This training may be provided
through conferences,
[[Page 27042]]
workshops, public education programs, in-service training programs, and
similar activities;
(iii) Disseminating research-based information and materials
related to community living and participation for individuals with
physical disabilities; and
(iv) Involving key stakeholder groups in the activities conducted
under paragraph (a) in order to maximize the relevance and usability of
the new knowledge generated by the RRTC.
Priority 2--RRTC on Employment of Individuals With Physical
Disabilities
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for an RRTC on Employment of
Individuals with Physical Disabilities.
The RRTC must contribute to maximizing the employment outcomes of
individuals with physical disabilities by:
(a) Conducting research activities in one or more of the following
priority areas, focusing on individuals with physical disabilities as a
group or on individuals in specific disability or demographic
subpopulations of individuals with physical disabilities:
(i) Technology to improve employment outcomes for individuals with
physical disabilities.
(ii) Individual and environmental factors associated with improved
employment outcomes for individuals with physical disabilities.
(iii) Interventions that contribute to improved employment outcomes
for individuals with physical disabilities. Interventions include any
strategy, practice, program, policy, or tool that, when implemented as
intended, contributes to improvements in outcomes for individuals with
physical disabilities.
(iv) Effects of government practices, policies, and programs on
employment outcomes for individuals with physical disabilities.
(v) Practices and policies that contribute to improved employment
outcomes for transition-aged youth and young adults with physical
disabilities.
(vi) Vocational rehabilitation (VR) practices that contribute to
improved employment outcomes for individuals with physical
disabilities.
(b) Focusing its research on one or more specific stages of
research. If the RRTC is to conduct research that can be categorized
under more than one of the research stages, or research that progresses
from one stage to another, those stages must be clearly specified.
These stages and their definitions are provided at the beginning of the
Final Priorities section in this notice.
(c) Serving as a national resource center related to employment for
individuals with physical disabilities, their families, and other
stakeholders by conducting knowledge translation activities that
include, but are not limited to:
(i) Providing information and technical assistance to service
providers, individuals with physical disabilities and their
representatives, and other key stakeholders.
(ii) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation providers and other disability
service providers, to facilitate more effective delivery of employment
services and supports to individuals with physical disabilities. This
training may be provided through conferences, workshops, public
education programs, in-service training programs, and similar
activities.
(iii) Disseminating research-based information and materials
related to employment for individuals with physical disabilities.
(iv) Involving key stakeholder groups in the activities conducted
under paragraph (a) in order to maximize the relevance and usability of
the new knowledge generated by the RRTC.
Priority 3--RRTC on Health and Function of Individuals With
Intellectual and Developmental Disabilities
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for an RRTC on the Health and Function
of Individuals with Intellectual and Developmental Disabilities.
The RRTC must contribute to maximizing the health and function
outcomes of individuals with intellectual and/or developmental
disabilities by:
(a) Conducting research activities in one or more of the following
priority areas, focusing on individuals with intellectual and
developmental disabilities as a group or on individuals in specific
disability or demographic subpopulations of individuals with
intellectual and developmental disabilities:
(i) Technology to improve health and function outcomes for
individuals with intellectual and developmental disabilities.
(ii) Individual and environmental factors associated with improved
access to rehabilitation and health care and improved health and
function outcomes for individuals with intellectual and developmental
disabilities.
(iii) Interventions that contribute to improved health and function
outcomes for individuals with intellectual and developmental
disabilities. Interventions include any strategy, practice, program,
policy, or tool that, when implemented as intended, contributes to
improvements in outcomes for the specified population.
(iv) Effects of government practices, policies, and programs on
health care access and on health and function outcomes for individuals
with intellectual and developmental disabilities.
(v) Practices and policies that contribute to improved health and
function outcomes for transition-aged youth and young adults with
intellectual and developmental disabilities.
(b) Focusing its research on one or more specific stages of
research. If the RRTC is to conduct research that can be categorized
under more than one of the research stages, or research that progresses
from one stage to another, those stages must be clearly specified.
These stages and their definitions are provided at the beginning of the
Final Priorities section in this notice.
(c) Serving as a national resource center related to health and
function for individuals with intellectual and developmental
disabilities, their families, and other stakeholders by conducting
knowledge translation activities that include, but are not limited to:
(i) Providing information and technical assistance to service
providers, individuals with intellectual and developmental disabilities
and their representatives, and other key stakeholders.
(ii) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation providers and other disability
service providers, to facilitate more effective delivery of services to
individuals with intellectual and developmental disabilities. This
training may be provided through conferences, workshops, public
education programs, in-service training programs, and similar
activities.
(iii) Disseminating research-based information and materials
related to health and function for individuals with intellectual and
developmental disabilities.
(iv) Involving key stakeholder groups in the activities conducted
under paragraph (a) in order to maximize the relevance and usability of
the new knowledge generated by the RRTC.
[[Page 27043]]
Priority 4--RRTC on Community Living and Participation for Individuals
With Intellectual and Developmental Disabilities
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for an RRTC on Community Living and
Participation for Individuals with Intellectual and Developmental
Disabilities.
The RRTC must contribute to improving the community living and
participation outcomes of individuals with intellectual and
developmental disabilities by:
(a) Conducting research activities in one or more of the following
priority areas, focusing on individuals with intellectual and
developmental disabilities as a group or on individuals in specific
disability or demographic subpopulations of individuals with
intellectual and developmental disabilities:
(i) Technology to improve community living and participation
outcomes for individuals with intellectual and developmental
disabilities.
(ii) Individual and environmental factors associated with improved
community living and participation outcomes for individuals with
intellectual and developmental disabilities.
(iii) Interventions that contribute to improved community living
and participation outcomes for individuals with intellectual and
developmental disabilities. Interventions include any strategy,
practice, program, policy, or tool that, when implemented as intended,
contributes to improvements in outcomes for individuals with
disabilities.
(iv) Effects of government practices, policies, and programs on
community living and participation outcomes for individuals with
intellectual and developmental disabilities.
(v) Practices and policies that contribute to improved community
living and participation outcomes for transition-aged youth and young
adults with intellectual and developmental disabilities.
(b) Focusing its research on one or more specific stages of
research. If the RRTC is to conduct research that can be categorized
under more than one of the research stages, or research that progresses
from one stage to another, those stages must be clearly specified.
These stages and their definitions are provided at the beginning of the
Final Priorities section in this notice.
(c) Serving as a national resource center related to community
living and participation for individuals with intellectual and
developmental disabilities, their families, and other stakeholders by
conducting knowledge translation activities that include, but are not
limited to:
(i) Providing information and technical assistance to service
providers, individuals with intellectual and developmental disabilities
and their representatives, and other key stakeholders.
(ii) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation providers and other disability
service providers, to facilitate more effective delivery of services to
individuals with intellectual and developmental 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 community living and participation for individuals with
intellectual and developmental disabilities.
(iv) Involving key stakeholder groups in the activities conducted
under paragraph (a) in order to maximize the relevance and usability of
the new knowledge generated by the RRTC.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
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 one or more of these priorities, 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);
[[Page 27044]]
(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 these final priorities only on a reasoned
determination that their benefits justify their 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 ones envisioned by the final priorities have
been completed successfully. Establishing new RRTCs based on the final
priorities will generate new knowledge through research and improve the
lives of individuals with disabilities. The new RRTCs will provide
support and assistance for NIDRR grantees as they generate,
disseminate, and promote the use of new information 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: May 6, 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. 2013-11086 Filed 5-8-13; 8:45 am]
BILLING CODE 4000-01-P