National Institute on Disability, Independent Living, and Rehabilitation Research, 29156-29165 [2016-10853]
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29156
Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations
(ii) Each director has one vote;
(iii) Positions on the board of
directors may be designated for
individuals with specialized expertise,
experience, or affiliation (for example,
providers, employers, and unions); and
(iv) [Reserved]
(v) Limitation on government and
issuer participation. No representative
of any Federal, State or local
government (or of any political
subdivision or instrumentality thereof)
and no representative of any
organization described in
§ 156.510(b)(1)(i) (in the case of a
representative of a State or local
government or organization described in
§ 156.510(b)(1)(i), with respect to a State
in which the CO–OP issues policies),
may serve on the CO–OP’s formation
board or as a director on the
organization’s operational board.
*
*
*
*
*
Dated: May 5, 2016.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Dated: May 5, 2016
Sylvia M. Burwell,
Secretary, Department of Health and Human
Services.
[FR Doc. 2016–11017 Filed 5–6–16; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 1330
RIN 0985–AA12
National Institute on Disability,
Independent Living, and Rehabilitation
Research
National Institute on Disability,
Independent Living, and Rehabilitation
Research; Administration for
Community Living; HHS.
ACTION: Final rule.
AGENCY:
This rule implements the
Workforce Innovation and Opportunity
Act of 2014 and reflects the transfer of
the National Institute on Disability,
Independent Living, and Rehabilitation
Research (NIDILRR) from the
Department of Education to the
Department of Health and Human
Services (HHS). The previous
regulations were issued by the
Department of Education. The
rulemaking consolidates the NIDILRR
regulations into a single part, aligns the
regulations with the current statute and
HHS policies, and provides guidance to
NIDILRR grantees.
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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These final regulations are
effective July 1, 2016.
DATES:
Greg
Pugh, Administration for Community
Living, telephone (202) 795–7422
(Voice). This is not a toll-free number.
This document will be made available
in alternative formats upon request.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Discussion of Final Rule
The Workforce Innovation and
Opportunity Act of 2014 (‘‘WIOA,’’ Pub.
L. 113–128), signed into law on July 22,
2014, included significant changes to
Title II of the Rehabilitation Act of 1973.
The first of these is the insertion of a
new name, the National Institute on
Disability, Independent Living, and
Rehabilitation Research (‘‘NIDILRR,’’
which was previously the National
Institute on Disability and
Rehabilitation Research). WIOA also
relocates NIDILRR from the Department
of Education to the Administration for
Community Living (‘‘ACL’’) of the
Department of Health and Human
Services. As part of the transfer, the
Administrator of ACL (Administrator)
drafted a Notice of Proposed
Rulemaking that was published on
December 21, 2015, to implement the
Workforce Innovation and Opportunity
Act of 2014 and reflect the transfer of
the National Institute on Disability,
Independent Living, and Rehabilitation
Research from the Department of
Education to the Department of Health
and Human Services.
ACL received 13 unduplicated
comments during the public comment
period from individuals, state agencies,
and organizations representing
disability, rehabilitation, and aging
constituencies. ACL has read and
considered each of the comments
received. We respond here to the mostcommonly-received comments and
those that we believe require further
discussion. Several comments raised
issues that are specific to the
commenter. Responding to such
comments is beyond the scope of the
final regulation. Nevertheless, we
encourage commenters with
individualized questions to contact
NIDILRR directly at 202–401–4634—
Option 5.
Many of the comments expressed
broad general support for the rule and
the broader transfer of NIDILRR to the
Administration for Community Living.
Commenters expressed their support of
the consolidation of existing NIDILRR
regulations and alignment with HHS
policies, a major goal of this rulemaking.
Others expressed their approval of the
elimination of unnecessary language
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from the regulatory text, while at the
same time maintaining existing
Department of Education language
where it makes programmatic sense to
do so. Finally, multiple commenters
wrote in support of the inclusion of the
stages of research, as well as the new
stages of development.
While no commenters expressed
general opposition to the promulgation
of the rule, several expressed their
concerns about specific provisions of
the proposed rule. We made changes to
the regulatory text based on the
comments as discussed below and we
fixed a few non-substantive technical
errors in the regulatory text. In addition,
it has come to our attention that a
selection criterion used at the
Department of Education related to the
quality of a proposed project’s design
was inadvertently omitted from this
rule. This criterion is extremely
valuable to the evaluation of
applications for certain NIDILRR
projects, and we have therefore
included it verbatim at § 1330.24(p) as
one of the criteria the Director may
consider in evaluating an application.
Other than the changes discussed
below, we adopt our discussion of the
rule in the Notice of Proposed
Rulemaking published December 21,
2015 (80 FR 79283).
A. Funding Out of Rank Order in FieldInitiated Competitions
Comment: Six commenters (five
organizations and one individual) raised
concerns about a proposed change to
§ 1330.25. The proposed regulation
gives the NIDILRR director authority to
fund out of rank order in field-initiated
competitions when there is an
opportunity to fund a project of
significant interest to the agency.
Concerns ranged from the change giving
too much authority to political
appointees to the potential undermining
of the scientific integrity of the research
process. Suggestions ranged from
dropping this proposed change in the
regulation to increasing the scoring
threshold for use of the provision or to
creating a requirement for a formal
explanation by the NIDILRR director
justifying the proposed change.
Response: NIDILRR appreciates the
concerns expressed by these
commenters especially the focus on
impartial peer review and its role in
maintaining the scientific integrity of
NIDILRR’s research portfolio. Our goal
in suggesting this change was to provide
an opportunity for the Director to select
applications that address critical agency
goals in circumstances where these
applications have high scores but would
not be funded in a strictly rank order
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framework. NIDILRR has long had the
ability to fund out of rank order, and
though it was rarely used, we added the
80 percent threshold in an effort to
ensure the quality of NIDILRR-funded
research. NIDILRR has expanded our
field-initiated research opportunities in
recent years, and we think that
clarifying the requirements for funding
out of rank order will ensure this
quality, while also allowing for funding
of compelling research opportunities. In
such cases where an application may
have otherwise gone unfunded in a
strict rank-order process, we believe that
the Director should have the ability to
fund highly promising studies, while
setting a minimum threshold for quality
assurance and providing for public
notification.
After careful consideration of the
concerns raised by the commenters, as
well as a review of past applications,
NIDILRR proposes to increase the
threshold before funding out of rank
order can be considered to a score of 85
points or above. We believe, based upon
decades of staff experience with the
grant review process, that this number
strikes a reasonable balance between
providing the Director the flexibility to
fund applications which are uniquely
promising and ensuring that all
NIDILRR-funded research projects are of
the quality and rigor for which NIDILRR
is known. In addition, the regulation has
been amended to require a public
notification by the Director of any
decision to fund out of rank order.
Should it become advisable to raise this
threshold further, we may revisit this
threshold in the future. We take these
steps to clarify our commitment to
conducting rigorous peer review.
jstallworth on DSK7TPTVN1PROD with RULES
B. Publication of Funding Opportunities
and Application Instructions
Comment: In light of the new
regulation’s elimination of specific
funding application instructions, two
commenters suggested that NIDILRR
update its Web site to provide clear
information to applicants on funding
opportunities and on the process of
submitting applications.
Response: NIDILRR shares these
commenters’ commitment to ensuring
that potential grantees have adequate
access to information on NIDILRR’s
research priorities and application
processes. To this end, we are
publishing funding forecast documents
with links to necessary application
information on the ACL Web site, and
will endeavor at all times to maximize
the transparency and wide
dissemination of funding opportunities
and application instructions.
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C. Stages of Development
Comment: One commenter, while
supporting the stages of development in
§ 1330.5, expressed concern that the
rule doesn’t make clear that the
technology transfer plan requirement
does not sufficiently convey the
complexity of supply and demand and
the behaviors of consumers and other
stakeholders in their decisions to adopt
and use technology.
Response: The stages of development
provide an organizational framework to
guide prospective applicants in
preparing their technical proposals. The
stages are not prescriptive. For this
reason, we believe that identifying the
relevant stage(s) of development will
allow the peer review process to better
determine the extent to which proposed
activities to facilitate and measure
product adoption are necessary and
appropriate and to determine the extent
to which applicants understand
contextual factors that might impact
product adoption.
D. Disability Advisory Panels and
Reviewer Training
Comment: One organization made a
number of suggestions related to
NIDILRR’s peer review process as
described in § 1330.22. This commenter
recommended that NIDILRR form
advisory panels with members with
diverse disabilities, including physical,
sensory, intellectual, and mental
disabilities, to be assigned to each peer
review panel to ensure that disability
perspectives are considered in the
funding decision.
In addition, the commenter suggested
reviewer training related to consistent
weighting of scores, minimizing
personal biases of reviewers, and
reviewing and scoring application
attachments. The commenter also
suggested that NIDILRR provide training
to the disability advisory panels to
ensure that personal likes and dislikes
of the reviewers not enter into the
scoring.
Response: NIDILRR strongly supports
a diversity of perspectives on peer
review panels and makes every effort to
include reviewers who have disabilities
as well as subject-matter expertise
relevant to the research or development
topic. We are constantly seeking to
recruit new, qualified individuals with
disabilities for these purposes. We
require our peer reviewers to attend an
orientation session and, if they are new
to our system, participate in training
sessions to ensure that they understand
the technical requirements of the
process. NIDILRR staff monitors each
panel to ensure that the review is
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carried out in a professional manner and
further to ensure that each application
is treated fairly.
To support the importance of research
and development focused on the needs
of individuals with disabilities,
NIDILRR has already added a
requirement that applicants must obtain
input from individuals with disabilities
and other stakeholders in shaping
proposed research or development
activities. NIDILRR is also finalizing
approval of its Disability, Independent
Living, and Rehabilitation Research
Advisory Council (DILRRAC) which
adheres to a statutory requirement that
more than 50% of its membership be
comprised of individuals with
disabilities. We believe that this
committee will provide valuable
guidance regarding ways that we can
improve the relevance of NIDILRR’s
research to individuals with disabilities.
We are confident that all of these steps
will address the commenters concerns
without adding significant
administrative burden and expense to
the peer review process.
E. Collaboration
Comment: Two commenters suggested
additions to the peer review criterion on
collaboration in § 1330.24(k). Both
suggested more specific requirements
for collaboration with local and national
consumer organizations, and one also
included a recommendation for
requiring meaningful collaboration with
other relevant agencies, organizations,
or institutions. In addition, one of the
commenters suggested weighting the
collaboration criterion more heavily.
Response: NIDILRR strongly agrees
that it is important to seek appropriate
collaboration where relevant to the
specific research or development project
being proposed. To this end, we have
long had a collaboration review element
which is required for many funding
priorities. We believe that this
requirement is adequate, and that to
require it of all research or development
projects would be misguided, as
collaboration may not be relevant for the
research topic or stage of research or
development being proposed.
Specific weighting of review criteria
is not prescribed by regulation so as to
allow weighting as appropriate to the
purpose and goals of each funding
priority. More specific regulatory
language on weighting would
significantly limit NIDILRR’s ability to
match individual criteria with the topic
of the priority at hand.
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F. Notification of Review Scores and
Comments
Comment: Two commenters suggested
the insertion into regulation a
requirement that applicants will receive
reviewer scores and comments within
30 days of NIDILRR decisions.
Response: This is already a part of
NIDILRR’s grants management policy,
and we make every effort to ensure that
notification of scores and comments is
provided within a 30 day timeframe. We
believe that to specifically require this
in regulation would be counter to the
stated objectives of consolidating and
simplifying the regulatory language, to
which many commenters responded
very favorably.
G. Posting of Applicant Scores
Comment: One commenter suggested
that NIDILRR post a list of applicants
and aggregate scores on its Web site at
the conclusion of a competition.
Response: NIDILRR’s goal is to fund
rigorous and relevant research, as
determine by an independent panel of
individuals with subject-specific
expertise and with knowledge of and
sensitivity to the needs of individuals
with disabilities. We ask these reviewers
to provide detailed and thoughtful
comments on the proposals they review,
and we send this feedback to applicants
in an effort to help build capacity in
disability and rehabilitation research.
We do not believe that listing
unsuccessful applicants and their scores
would further this goal, and believe that
doing so would be contrary to HHS
grants policy with regard to applicant
privacy.
jstallworth on DSK7TPTVN1PROD with RULES
H. Meaning of ‘‘Product’’
Comment: One organization raised
several questions about the meaning of
the term ‘‘product’’ in our discussion of
stages of development, specifically
requesting that NIDILRR define the term
and what it includes. A related
comment recommended that NIDILRR
provide clarification to the concept of
‘‘proof of product’’ to ensure that it
includes functional requirements such
as accessibility and usability or market
viability requirements such as price or
performance. This commenter also
suggested that NIDILRR elaborate on its
expectations of the attributes associated
with the stages of development. Finally,
there was one comment asking that
there be consistent use of the term
product in the document.
Response: NIDILRR carefully
considered these comments which
helped us think about the extent to
which we wanted to make the definition
of ‘‘product’’ to be enumerative or non-
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enumerative and to allow for changes in
conceptualization over time. Our
conclusion is that flexibility is needed
and beneficial. To this end, we are
defining products as potentially
encompassing but not necessarily
limited to models, methods, tools,
applications, and devices. Applicants
can associate proposed products to
these types or clarify and defend why
proposed products lie outside of these
types. Finally, we agree that it would
contribute to clarity to use the term,
‘‘product’’ consistently in the document,
and we have made this change
accordingly.
I. Removal of ‘‘Scientific’’ From Peer
Review Panels
Comment: A commenter suggested
that NIDILRR remove the term
‘‘scientific’’ from the description of its
peer review panels.
Response: NIDILRR’s authorizing
statute specifically requires the
NIDILRR Director to provide for
scientific review of all applications over
which the Director has authority. 29
U.S.C. 762(f)(1). Given the statutory
requirement, NIDILRR feels that it must
adhere to this standard which confirms
Congressional intent to ensure that
NIDILRR carry out its peer review so
that scientific expertise supports
rigorous review that help ensures that
NIDILRR funds the research that is
likely to generate findings that will help
improve the lives of individuals with
disabilities. However, NIDILRR also
notes that this section of the statute
references inclusion of expertise
regarding needs of individuals with
disabilities and their families. To this
end, we make every effort to have peer
review panels that balance scientific
expertise with knowledge relevant to
individuals with disabilities and their
families.
J. Role of the Director
Comment: One organization asked for
clarification of the role of the Director
in conducting evaluation of applications
for NIDILRR funding, specifically
inquiring whether the Director has sole
discretion over the review.
Response: As stated in § 1330.21, the
NIDILRR Director is required to refer
each application to a peer review panel
that reviews the application using the
applicable peer review criteria as
defined in § 1330.23. The ranking of the
applications by the peer review panels
determines which applicants are
awarded funds, subject to special
considerations in § 1330.25.
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K. Role of the Director, Consistency
Comment: One commenter pointed
out that, in § 1330.24(d), the reference to
Secretary should refer to the NIDILRR
Director for consistency with the rest of
the section.
Response: We concur, and have
corrected the regulatory text
accordingly.
L. Applications Address the Needs of
Individuals With Diverse Backgrounds
Comment: One commenter suggested
that the language in § 1330.11 be
changed so that the Director must
require that applicants demonstrate how
they will address the needs of
individuals with disabilities from
minority backgrounds.
Response: NIDILRR appreciates the
concern behind this comment, and this
language is often inserted into NIDILRR
priorities. However, we feel that it is too
prescriptive to require that the Director
must do this in every instance, and that
making this an absolute requirement
will restrict the ability of the Director to
establish criteria that support topics of
research initiatives that may not benefit
from such a requirement.
M. Composition of Panels
Comment: One commenter suggested
that the language in § 1330.22 be
changed so that the Director shall take
into account factors including does the
peer review panels include
knowledgeable individuals with
disabilities or disability advocates such
as parents or family members and does
the panel include individuals from
diverse populations.
Response: NIDILRR appreciates the
concern behind this comment. However,
we feel that it is too prescriptive to
require that the Director shall do this in
every instance and that making this an
absolute requirement will restrict the
ability of the Director to establish peer
review panels that best match the topics
of proposed research proposals.
II. Impact Analysis
A. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives, and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). The Department has determined
that this rule is consistent with the
priorities and principles set forth in
Executive Order 12866. Executive Order
12866 encourages agencies, as
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appropriate, to provide the public with
meaningful participation in the
regulatory process. The rulemaking
implements the Workforce Innovation
and Opportunity Act of 2014. In
developing the final rule, we considered
input we received from the public
including stakeholders. This final rule is
not being treated as a ‘‘significant
regulatory action’’ under section 3(f)(1)
of Executive Order 12866. Accordingly,
the final rule has not been reviewed by
the Office of Management and Budget.
B. Regulatory Flexibility Analysis
The Secretary certifies under 5 U.S.C.
605(b), the Regulatory Flexibility Act
(Pub. L. 96–354), that this regulation
will not have a significant economic
impact on a substantial number of small
entities. The primary impact of this
regulation is on entities applying for
NIDILRR funding opportunities,
specifically researchers, States, public
or private agencies and organizations,
institutions of higher education, and
Indian tribes and tribal organizations.
The regulation does not have a
significant economic impact on these
entities. This rule is in fact significantly
shorter than, but with identical
compliance requirements to, the
regulations it replaces.
jstallworth on DSK7TPTVN1PROD with RULES
C. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995, we are required to provide 60day notice in the Federal Register and
solicit public comment before an
information collection request is
submitted to the Office of Management
and Budget (OMB) for review and
approval. We are not introducing any
new information collections in this rule
however, nor revising reporting
requirements.
D. Unfunded Mandates Reform Act
Section 202 of the Unfunded
Mandates Reform Act of 1995 requires
that a covered agency prepare a
budgetary impact statement before
promulgating a rule that includes any
Federal mandate that may result in
expenditures by State, local, or Tribal
governments, in the aggregate, or by the
private sector, of $100 million, adjusted
for inflation, or more in any one year.
If a covered agency must prepare a
budgetary impact statement, section 205
further requires that it select the most
cost-effective and least burdensome
alternatives that achieves the objectives
of the rule and is consistent with the
statutory requirements. In addition,
section 203 requires a plan for
informing and advising any small
government that may be significantly or
uniquely impacted by a rule.
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ACL has determined that this rule
does not result in the expenditure by
State, local, and Tribal governments in
the aggregate, or by the private sector of
more than $100 million in any one year.
E. Congressional Review
This rule is not a major rule as
defined in 5 U.S.C. Section 804(2).
F. Assessment of Federal Regulations
and Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 requires Federal agencies to
determine whether a policy or
regulation may affect family well-being.
If the agency’s conclusion is affirmative,
then the agency must prepare an impact
assessment addressing seven criteria
specified in the law. These regulations
do not have an impact on family wellbeing as defined in the legislation.
G. Executive Order 13132
Executive Order 13132 on
‘‘federalism’’ was signed August 4,
1999. The purposes of the Order are:
‘‘. . . to guarantee the division of
governmental responsibilities between
the national government and the States
that was intended by the Framers of the
Constitution, to ensure that the
principles of federalism established by
the Framers guide the executive
departments and agencies in the
formulation and implementation of
policies, and to further the policies of
the Unfunded Mandates Reform Act
. . .’’
The Department certifies that this rule
does not have a substantial direct effect
on States, on the relationship between
the Federal government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
ACL is not aware of any specific State
laws that would be preempted by the
adoption of the regulation.
List of Subjects in 45 CFR Part 1330
Grant programs, Research,
Scholarships and fellowships.
Dated: April 20, 2016.
Kathy Greenlee,
Administrator, Administration for
Community Living.
Approved: May 2, 2016.
Sylvia M. Burwell,
Secretary, Department of Health and Human
Services.
For the reasons stated in the
preamble, the U.S. Department of Health
and Human Services amends 45 CFR
subchapter C by adding part 1330 to
read as follows:
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PART 1330—NATIONAL INSTITUTE
FOR DISABILITY, INDEPENDENT
LIVING, AND REHABILITATION
RESEARCH
Subpart A—Disability, Independent Living,
and Rehabilitation Research Projects and
Centers Program
Sec.
1330.1 General.
1330.2 Eligibility for assistance and other
regulations and guidance.
1330.3 Definitions.
1330.4 Stages of research.
1330.5 Stages of development.
Subpart B—Requirements for Awardees
1330.10 General requirements for
awardees.
1330.11 Individuals with disabilities from
minority backgrounds.
Subpart C—Selection of Awardees
1330.20 Peer review purpose.
1330.21 Peer review process.
1330.22 Composition of peer review panel.
1330.23 Evaluation process.
1330.24 Selection criteria.
1330.25 Additional considerations for
field-initiated priorities.
Subpart D—Disability, Independent Living,
and Rehabilitation Research Fellowships
1330.30 Fellows program.
Subpart E—Special Projects and
Demonstrations for Spinal Cord Injuries
1330.40 Spinal cord injuries program.
Authority: 29 U.S.C. 709, 3343.
Subpart A—Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program
§ 1330.1
General.
(a) The Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program provides
grants to establish and support:
(1) The following Disability,
Independent Living, and Rehabilitation
Research and Related Projects:
(i) Disability, Independent Living, and
Rehabilitation Research Projects;
(ii) Field-Initiated Projects;
(iii) Advanced Rehabilitation
Research Training Projects; and
(2) The following Disability,
Independent Living, and Rehabilitation
Research Centers:
(i) Rehabilitation Research and
Training Centers;
(ii) Rehabilitation Engineering
Research Centers.
(b) The purpose of the Disability,
Independent Living, and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
development, demonstration projects,
training, dissemination, and related
activities, including international
activities, to:
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(1) Develop methods, procedures, and
rehabilitation technology, that maximize
the full inclusion and integration into
society, employment, education,
independent living, family support, and
economic and social self-sufficiency of
individuals with disabilities, especially
individuals with the most severe
disabilities; and
(2) Improve the effectiveness of
services authorized under the
Rehabilitation Act of 1973, 29 U.S.C.
701 et seq.
jstallworth on DSK7TPTVN1PROD with RULES
§ 1330.2 Eligibility for assistance and
other regulations and guidance.
(a) Unless otherwise stated in this part
or in a determination by the NIDILRR
Director, the following entities are
eligible for an award under this
program:
(1) States.
(2) Public or private agencies,
including for-profit agencies.
(3) Public or private organizations,
including for-profit organizations.
(4) Institutions of higher education.
(5) Indian tribes and tribal
organizations.
(b) Other sources of regulation which
may apply to awards under this part
include but are not limited to:
(1) 45 CFR part 16—Procedures of the
Departmental Grant Appeals Board.
(2) 45 CFR part 46—Protection of
Human Subjects.
(3) 45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards.
(4) 2 CFR parts 376 and 382—
Nonprocurement Debarment and
Suspension and Requirements for DrugFree Workplace (Financial Assistance).
(5) 45 CFR part 80—
Nondiscrimination under Programs
Receiving Federal Assistance through
the Department of Health and Human
Services—Effectuation of title VI of the
Civil Rights Act of 1964.
(6) 45 CFR part 81—Practice and
Procedure for Hearings under part 80 of
this title.
(7) 45 CFR part 84—
Nondiscrimination on the Basis of
Handicap in Programs or Activities
Receiving Federal Financial Assistance.
(8) 45 CFR part 86—
Nondiscrimination on the Basis of Sex
in Education Programs or Activities
Receiving Federal Financial Assistance.
(9) 45 CFR part 87—Equal Treatment
of Faith-Based Organizations.
(10) 45 CFR part 91—
Nondiscrimination on the Basis of Age
in Programs or Activities Receiving
Federal Financial Assistance from HHS.
(11) 45 CFR part 93—New
Restrictions on Lobbying.
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§ 1330.3
Definitions.
As used in this part:
(a) Secretary means the Secretary of
the Department of Health and Human
Services.
(b) Administrator means the
Administrator of the Administration for
Community Living.
(c) Director means the Director of the
National Institute on Disability,
Independent Living, and Rehabilitation
Research.
(d) Research is classified on a
continuum from basic to applied:
(1) Basic research is research in which
the investigator is concerned primarily
with gaining new knowledge or
understanding of a subject without
reference to any immediate application
or utility.
(2) Applied research is research in
which the investigator is primarily
interested in developing new
knowledge, information, or
understanding which can be applied to
a predetermined rehabilitation problem
or need.
(e) Development activities use
knowledge and understanding gained
from research to create materials,
devices, systems, or methods beneficial
to the target population, including
design and development of prototypes
and processes.
(f) Products encompass models,
methods, tools, applications, and
devices, but are not necessarily limited
to these types.
§ 1330.4
Stages of research.
For any Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program
competition, the Department may
require in the application materials for
the competition that the applicant
identify the stage(s) of research in which
it will focus the work of its proposed
project or center. The four stages of
research are:
(a) Exploration and discovery mean
the stage of research that generates
hypotheses or theories through 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;
(b) 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;
(c) 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 may
include assessing the training needed
for wide-scale implementation of the
intervention, and approaches to
evaluation of the intervention in realworld applications; and
(d) 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
lacks a sufficient evidence base to
demonstrate its effectiveness.
§ 1330.5
Stages of development.
For any Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program
competition, the Department may
require in the notice inviting
applications for the competition that the
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applicant identify the stage(s) of
development in which it will focus the
work of its proposed project or center.
The three stages of development are:
(a) Proof of concept means the stage
of development where key technical
challenges are resolved. Stage activities
may include recruiting study
participants, verifying product
requirements; implementing and testing
(typically in controlled contexts) key
concepts, components, or systems, and
resolving technical challenges. A
technology transfer plan is typically
developed and transfer partner(s)
identified; and plan implementation
may have started. Stage results establish
that a product concept is feasible.
(b) Proof of product means the stage
of development where a fully-integrated
and working prototype, meeting critical
technical requirements is created. Stage
activities may include recruiting study
participants, implementing and
iteratively refining the prototype, testing
the prototype in natural or lesscontrolled contexts, and verifying that
all technical requirements are met. A
technology transfer plan is typically
ongoing in collaboration with the
transfer partner(s). Stage results
establish that a product embodiment is
realizable.
(c) Proof of adoption means the stage
of development where a product is
substantially adopted by its target
population and used for its intended
purpose. Stage activities typically
include completing product
refinements; and continued
implementation of the technology
transfer plan in collaboration with the
transfer partner(s). Other activities
include measuring users’ awareness of
the product, opinion of the product,
decisions to adopt, use, and retain
products; and identifying barriers and
facilitators impacting product adoption.
Stage results establish that a product is
beneficial.
Subpart B—Requirements for
Awardees
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§ 1330.10 General requirements for
awardees.
(a) In carrying out a research activity
under this program, an awardee must:
(1) Identify one or more hypotheses or
research questions;
(2) Based on the hypotheses or
research question identified, perform an
intensive systematic study in
accordance with its approved
application directed toward:
(i) New or full scientific knowledge;
or
(ii) Understanding of the subject or
problem being studied.
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(b) In carrying out a development
activity under this program, an awardee
must create, using knowledge and
understanding gained from research,
models, methods, tools, systems,
materials, devices, applications, or
standards that are adopted by and
beneficial to the target population.
Development activities span one or
more stages of development.
(c) In carrying out a training activity
under this program, an awardee shall
conduct a planned and systematic
sequence of supervised instruction that
is designed to impart predetermined
skills and knowledge.
(d) In carrying out a demonstration
activity under this program, an awardee
shall apply results derived from
previous research, testing, or practice to
determine the effectiveness of a new
strategy or approach.
(e) In carrying out a utilization
activity under this program, a grantee
must relate research findings to
practical applications in planning,
policy making, program administration,
and delivery of services to individuals
with disabilities.
(f) In carrying out a dissemination
activity under this program, a grantee
must systematically distribute
information or knowledge through a
variety of ways to potential users or
beneficiaries.
(g) In carrying out a technical
assistance activity under this program, a
grantee must provide expertise or
information for use in problem-solving.
§ 1330.11 Individuals with disabilities from
minority backgrounds.
(a) If the director so indicates in the
application materials or elsewhere, an
applicant for assistance under this
program must demonstrate in its
application how it will address, in
whole or in part, the needs of
individuals with disabilities from
minority backgrounds.
(b) The approaches an applicant may
take to meet this requirement may
include one or more of the following:
(1) Proposing project objectives
addressing the needs of individuals
with disabilities from minority
backgrounds.
(2) Demonstrating that the project will
address a problem that is of particular
significance to individuals with
disabilities from minority backgrounds.
(3) Demonstrating that individuals
from minority backgrounds will be
included in study samples in sufficient
numbers to generate information
pertinent to individuals with disabilities
from minority backgrounds.
(4) Drawing study samples and
program participant rosters from
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populations or areas that include
individuals from minority backgrounds.
(5) Providing outreach to individuals
with disabilities from minority
backgrounds to ensure that they are
aware of rehabilitation services, clinical
care, or training offered by the project.
(6) Disseminating materials to or
otherwise increasing the access to
disability information among minority
populations.
Subpart C—Selection of Awardees
§ 1330.20
Peer review purpose.
The purpose of peer review is to
insure that:
(a) Those activities supported by the
National Institute on Disability,
Independent Living, and Rehabilitation
Research (NIDILRR) are of the highest
scientific, administrative, and technical
quality; and
(b) Activity results may be widely
applied to appropriate target
populations and rehabilitation
problems.
§ 1330.21
Peer review process.
(a) The Director refers each
application for an award governed by
these regulations in this part to a peer
review panel established by the
Director.
(b) Peer review panels review
applications on the basis of the
applicable selection criteria in
§ 1330.23.
§ 1330.22
panel.
Composition of peer review
(a) The Director selects as members of
a peer review panel scientists and other
experts in disability, independent
living, rehabilitation or related fields
who are qualified, on the basis of
training, knowledge, or experience, to
give expert advice on the merit of the
applications under review.
(b) The scientific peer review process
shall be conducted by individuals who
are not Department of Health and
Human Services employees.
(c) In selecting members to serve on
a peer review panel, the Director may
take into account the following factors:
(1) The level of formal scientific or
technical education completed by
potential panel members.
(2) The extent to which potential
panel members have engaged in
scientific, technical, or administrative
activities appropriate to the category of
applications that the panel will
consider; the roles of potential panel
members in those activities; and the
quality of those activities.
(3) The recognition received by
potential panel members as reflected by
awards and other honors from scientific
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and professional agencies and
organizations outside the Department.
(4) Whether the panel includes
knowledgeable individuals with
disabilities, or parents, family members,
guardians, advocates, or authorized
representatives of individuals with
disabilities.
(5) Whether the panel includes
individuals from diverse populations.
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§ 1330.23
Evaluation process.
(a) The Director selects one or more of
the selection criteria to evaluate an
application:
(1) The Director establishes selection
criteria based on statutory provisions
that apply to the Program which may
include, but are not limited to:
(i) Specific statutory selection criteria;
(ii) Allowable activities;
(iii) Application content
requirements; or
(iv) Other pre-award and post-award
conditions; or
(2) The Director may use a
combination of selection criteria
established under paragraph (a)(1) of
this section and selection criteria from
§ 1330.24 to evaluate a competition.
(3) For Field-Initiated Projects, the
Director does not consider § 1330.24(b)
(Responsiveness to the Absolute or
Competitive Priority) in evaluating an
application.
(b) In considering selection criteria in
§ 1330.24, the Director selects one or
more of the factors listed in the criteria,
but always considers the factor in
§ 1330.24(n) regarding members of
groups that have traditionally been
underrepresented based on race, color,
national origin, gender, age, or
disability.
(c) The maximum possible score for
an application is 100 points.
(d) In the application package or a
notice published in the Federal
Register, the Director informs applicants
of:
(1) The selection criteria chosen and
the maximum possible score for each of
the selection criteria; and
(2) The factors selected for
considering the selection criteria and if
points are assigned to each factor, the
maximum possible score for each factor
under each criterion. If no points are
assigned to each factor, the Director
evaluates each factor equally.
(e) For all instances in which the
Director chooses to allow field-initiated
research and development, the selection
criteria in § 1330.25 will apply,
including the requirement that the
applicant must achieve a score of 85
percent or more of maximum possible
points.
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§ 1330.24
Selection criteria.
In addition to criteria established
under § 1330.23(a)(1), the Director may
select one or more of the following
criteria in evaluating an application:
(a) Importance of the problem. In
determining the importance of the
problem, the Director considers one or
more of the following factors:
(1) The extent to which the applicant
clearly describes the need and target
population.
(2) The extent to which the proposed
activities further the purposes of the
Rehabilitation Act.
(3) The extent to which the proposed
activities address a significant need of
individuals with disabilities.
(4) The extent to which the proposed
activities address a significant need of
rehabilitation service providers.
(5) The extent to which the proposed
activities address a significant need of
those who provide services to
individuals with disabilities.
(6) The extent to which the applicant
proposes to provide training in a
rehabilitation discipline or area of study
in which there is a shortage of qualified
researchers, or to a trainee population in
which there is a need for more qualified
researchers.
(7) The extent to which the proposed
project will have beneficial impact on
the target population.
(b) Responsiveness to an absolute or
competitive priority. In determining the
application’s responsiveness to the
application package or the absolute or
competitive priority published in the
Federal Register, the Director considers
one or more of the following factors:
(1) The extent to which the applicant
addresses all requirements of the
absolute or competitive priority.
(2) The extent to which the
applicant’s proposed activities are likely
to achieve the purposes of the absolute
or competitive priority.
(c) Design of research activities. In
determining the extent to which the
design is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the research
activities constitute a coherent,
sustained approach to research in the
field, including a substantial addition to
the state-of-the-art.
(2) The extent to which the
methodology of each proposed research
activity is meritorious, including
consideration of the extent to which:
(i) The proposed design includes a
comprehensive and informed review of
the current literature, demonstrating
knowledge of the state-of-the-art;
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(ii) Each research hypothesis or
research question, as appropriate, is
theoretically sound and based on
current knowledge;
(iii) Each sample is drawn from an
appropriate, specified population and is
of sufficient size to address the
proposed hypotheses or research
questions, as appropriate, and to
support the proposed data analysis
methods;
(iv) The source or sources of the data
and the data collection methods are
appropriate to address the proposed
hypotheses or research questions and to
support the proposed data analysis
methods;
(v) The data analysis methods are
appropriate;
(vi) Implementation of the proposed
research design is feasible, given the
current state of the science and the time
and resources available;
(vii) Input of individuals with
disabilities and other key stakeholders
is used to shape the proposed research
activities; and
(viii) The applicant identifies and
justifies the stage of research being
proposed and the research methods
associated with the stage.
(3) The extent to which anticipated
research results are likely to satisfy the
original hypotheses or answer the
original research questions, as
appropriate, and could be used for
planning additional research, including
generation of new hypotheses or
research questions, where applicable.
(4) The extent to which the stage of
research is identified and justified in the
description of the research project(s)
being proposed.
(d) Design of development activities.
In determining the extent to which the
project design is likely to be effective in
accomplishing project objectives, the
Director considers one or more of the
following factors:
(1) The extent to which the proposed
project identifies a significant need and
a well-defined target population for the
new or improved product;
(2) The extent to which the proposed
project methodology is meritorious,
including consideration of the extent to
which:
(i) The proposed project shows
awareness of the state-of-the-art for
current, related products;
(ii) The proposed project employs
appropriate concepts, components, or
systems to develop the new or improved
product;
(iii) The proposed project employs
appropriate samples in tests, trials, and
other development activities;
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(iv) The proposed project conducts
development activities in appropriate
environment(s);
(v) Input from individuals with
disabilities and other key stakeholders
is obtained to establish and guide
proposed development activities; and
(vi) The applicant identifies and
justifies the stage(s) of development for
the proposed project; and activities
associated with each stage.
(3) The new product will be
developed and tested in an appropriate
environment.
(e) Design of demonstration activities.
In determining the extent to which the
design of demonstration activities is
likely to be effective in accomplishing
the objectives of the project, the Director
considers one or more of the following
factors:
(1) The extent to which the proposed
demonstration activities build on
previous research, testing, or practices.
(2) The extent to which the proposed
demonstration activities include the use
of proper methodological tools and
theoretically sound procedures to
determine the effectiveness of the
strategy or approach.
(3) The extent to which the proposed
demonstration activities include
innovative and effective strategies or
approaches.
(4) The extent to which the proposed
demonstration activities are likely to
contribute to current knowledge and
practice and be a substantial addition to
the state-of-the-art.
(5) The extent to which the proposed
demonstration activities can be applied
and replicated in other settings.
(f) Design of training activities. In
determining the extent to which the
design is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the proposed
training materials are likely to be
effective, including consideration of
their quality, clarity, and variety.
(2) The extent to which the proposed
training methods are of sufficient
quality, intensity, and duration.
(3) The extent to which the proposed
training content:
(i) Covers all of the relevant aspects of
the subject matter; and
(ii) If relevant, is based on new
knowledge derived from research
activities of the proposed project.
(4) The extent to which the proposed
training materials, methods, and content
are appropriate to the trainees,
including consideration of the skill level
of the trainees and the subject matter of
the materials.
(5) The extent to which the proposed
training materials and methods are
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accessible to individuals with
disabilities.
(6) The extent to which the
applicant’s proposed recruitment
program is likely to be effective in
recruiting highly qualified trainees,
including those who are individuals
with disabilities.
(7) The extent to which the applicant
is able to carry out the training
activities, either directly or through
another entity.
(8) The extent to which the proposed
didactic and classroom training
programs emphasize scientific
methodology and are likely to develop
highly qualified researchers.
(9) The extent to which the quality
and extent of the academic mentorship,
guidance, and supervision to be
provided to each individual trainee are
of a high level and are likely to develop
highly qualified researchers.
(10) The extent to which the type,
extent, and quality of the proposed
research experience, including the
opportunity to participate in advancedlevel research, are likely to develop
highly qualified researchers.
(11) The extent to which the
opportunities for collegial and
collaborative activities, exposure to
outstanding scientists in the field, and
opportunities to participate in the
preparation of scholarly or scientific
publications and presentations are
extensive and appropriate.
(g) Design of dissemination activities.
In determining the extent to which the
design is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the content of
the information to be disseminated:
(i) Covers all of the relevant aspects of
the subject matter; and
(ii) If appropriate, is based on new
knowledge derived from research
activities of the project.
(2) The extent to which the materials
to be disseminated are likely to be
effective and usable, including
consideration of their quality, clarity,
variety, and format.
(3) The extent to which the methods
for dissemination are of sufficient
quality, intensity, and duration.
(4) The extent to which the materials
and information to be disseminated and
the methods for dissemination are
appropriate to the target population,
including consideration of the
familiarity of the target population with
the subject matter, format of the
information, and subject matter.
(5) The extent to which the
information to be disseminated will be
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accessible to individuals with
disabilities.
(h) Design of utilization activities. In
determining the extent to which the
design of utilization activities is likely
to be effective in accomplishing the
objectives of the project, the Director
considers one or more of the following
factors:
(1) The extent to which the potential
new users of the information or
technology have a practical use for the
information and are likely to adopt the
practices or use the information or
technology, including new devices.
(2) The extent to which the utilization
strategies are likely to be effective.
(3) The extent to which the
information or technology is likely to be
of use in other settings.
(i) Design of technical assistance
activities. In determining the extent to
which the design of technical assistance
activities is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the methods
for providing technical assistance are of
sufficient quality, intensity, and
duration.
(2) The extent to which the
information to be provided through
technical assistance covers all of the
relevant aspects of the subject matter.
(3) The extent to which the technical
assistance is appropriate to the target
population, including consideration of
the knowledge level of the target
population, needs of the target
population, and format for providing
information.
(4) The extent to which the technical
assistance is accessible to individuals
with disabilities.
(j) Plan of operation. In determining
the quality of the plan of operation, the
Director considers one or more of the
following factors:
(1) The adequacy of the plan of
operation to achieve the objectives of
the proposed project on time and within
budget, including clearly defined
responsibilities, and timelines for
accomplishing project tasks.
(2) The adequacy of the plan of
operation to provide for using resources,
equipment, and personnel to achieve
each objective.
(k) Collaboration. In determining the
quality of collaboration, the Director
considers one or more of the following
factors:
(1) The extent to which the
applicant’s proposed collaboration with
one or more agencies, organizations, or
institutions is likely to be effective in
achieving the relevant proposed
activities of the project.
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(2) The extent to which agencies,
organizations, or institutions
demonstrate a commitment to
collaborate with the applicant.
(3) The extent to which agencies,
organizations, or institutions that
commit to collaborate with the
applicant have the capacity to carry out
collaborative activities.
(l) Adequacy and reasonableness of
the budget. In determining the adequacy
and the reasonableness of the proposed
budget, the Director considers one or
more of the following factors:
(1) The extent to which the costs are
reasonable in relation to the proposed
project activities.
(2) The extent to which the budget for
the project, including any subcontracts,
is adequately justified to support the
proposed project activities.
(3) The extent to which the applicant
is of sufficient size, scope, and quality
to effectively carry out the activities in
an efficient manner.
(m) Plan of evaluation. In determining
the quality of the plan of evaluation, the
Director considers one or more of the
following factors:
(1) The extent to which the plan of
evaluation provides for periodic
assessment of progress toward:
(i) Implementing the plan of
operation; and
(ii) Achieving the project’s intended
outcomes and expected impacts.
(2) The extent to which the plan of
evaluation will be used to improve the
performance of the project through the
feedback generated by its periodic
assessments.
(3) The extent to which the plan of
evaluation provides for periodic
assessment of a project’s progress that is
based on identified performance
measures that:
(i) Are clearly related to the intended
outcomes of the project and expected
impacts on the target population; and
(ii) Are objective, and quantifiable or
qualitative, as appropriate.
(n) Project staff. In determining the
quality of the project staff, the Director
considers the extent to which the
applicant encourages applications for
employment from persons who are
members of groups that have
traditionally been underrepresented
based on race, color, national origin,
gender, age, or disability. In addition,
the Director considers one or more of
the following:
(1) The extent to which the key
personnel and other key staff have
appropriate training and experience in
disciplines required to conduct all
proposed activities.
(2) The extent to which the
commitment of staff time is adequate to
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accomplish all the proposed activities of
the project.
(3) The extent to which the key
personnel are knowledgeable about the
methodology and literature of pertinent
subject areas.
(4) The extent to which the project
staff includes outstanding scientists in
the field.
(5) The extent to which key personnel
have up-to-date knowledge from
research or effective practice in the
subject area covered in the priority.
(o) Adequacy and accessibility of
resources. In determining the adequacy
and accessibility of the applicant’s
resources to implement the proposed
project, the Director considers one or
more of the following factors:
(1) The extent to which the applicant
is committed to provide adequate
facilities, equipment, other resources,
including administrative support, and
laboratories, if appropriate.
(2) The quality of an applicant’s past
performance in carrying out a grant.
(3) The extent to which the applicant
has appropriate access to populations
and organizations representing
individuals with disabilities to support
advanced disability, independent living
and clinical rehabilitation research.
(4) The extent to which the facilities,
equipment, and other resources are
appropriately accessible to individuals
with disabilities who may use the
facilities, equipment, and other
resources of the project.
(p) Quality of the project design. In
determining the quality of the design of
the proposed project, the Director
considers one or more of the following
factors:
(1) The extent to which the goals,
objectives, and outcomes to be achieved
by the proposed project are clearly
specified and measurable.
(2) The quality of the methodology to
be employed in the proposed project.
(3) The extent to which the design of
the proposed project includes a
thorough, high-quality review of the
relevant literature, a high-quality plan
for project implementation, and the use
of appropriate methodological tools to
ensure successful achievement of
project objectives.
(4) The extent to which the design of
the proposed project is appropriate to,
and will successfully address, the needs
of the target population or other
identified needs.
(5) The extent to which the proposed
development efforts include adequate
quality controls and, as appropriate,
repeated testing of products.
(6) The extent to which the proposed
project will be coordinated with similar
or related efforts, and with other
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appropriate community, State, and
Federal resources.
(7) The extent to which the design of
the proposed project reflects up-to-date
knowledge from research and effective
practice.
(8) The extent to which the proposed
project represents an exceptional
approach to the priority or priorities
established for the competition.
§ 1330.25 Additional considerations for
field-initiated priorities.
(a) The Director reserves funds to
support field-initiated applications
funded under this part when those
applications have been awarded points
totaling 85 percent or more of the
maximum possible points under the
procedures described in § 1330.23.
(b) In making a final selection from
applications received when NIDILRR
uses field-initiated priorities, the
Director may consider whether one of
the following conditions is met and, if
so, use this information to fund an
application out of rank order:
(1) The proposed project represents a
unique opportunity to advance
rehabilitation and other knowledge to
improve the lives of individual with
disabilities.
(2) The proposed project
complements or balances research
activity already planned or funded by
NIDILRR through its annual priorities or
addresses the research in a new and
promising way.
(c) If the Director funds an application
out of rank order under paragraph (b) of
this section, the public will be notified
through a notice on the NIDILRR Web
site or through other means deemed
appropriate by the Director.
Subpart D—Disability, Independent
Living, and Rehabilitation Research
Fellowships
§ 1330.30
Fellows program.
(a) The purpose of this program is to
build research capacity by providing
support to highly qualified individuals,
including those who are individuals
with disabilities, to perform research on
rehabilitation, independent living, and
other experiences and outcomes of
individuals with disabilities.
(b) The eligibility requirements for the
Fellows program are as follows:
(1) Only individuals are eligible to be
recipients of Fellowships.
(2) Any individual is eligible for
assistance under this program who has
training and experience that indicate a
potential for engaging in scientific
research related to rehabilitation and
independent living for individuals with
disabilities.
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Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations
(3) This program provides two
categories of Fellowships: Merit
Fellowships and Distinguished
Fellowships.
(i) To be eligible for a Distinguished
Fellowship, an individual must have
seven or more years of research
experience in subject areas, methods, or
techniques relevant to disability and
rehabilitation research and must have a
doctorate, other terminal degree, or
comparable academic qualifications.
(ii) The Director awards Merit
Fellowships to individuals in earlier
stages of their careers in research. To be
eligible for a Merit Fellowship, an
individual must have either advanced
professional training or experience in
independent study in an area which is
directly pertinent to disability and
rehabilitation.
(c) Fellowships will be awarded in the
form of a grant to eligible individuals.
(d) In making a final selection of
applicants to support under this
program, the Director considers the
extent to which applicants present a
unique opportunity to effect a major
advance in knowledge, address critical
problems in innovative ways, present
proposals which are consistent with the
Institute’s Long-Range Plan, build
research capacity within the field, or
complement and significantly increases
the potential value of already planned
research and related activities.
Subpart E—Special Projects and
Demonstrations for Spinal Cord
Injuries
§ 1330.40
Spinal cord injuries program.
(a) This program provides assistance
to establish innovative projects for the
delivery, demonstration, and evaluation
of comprehensive medical, vocational,
independent living, and rehabilitation
services to meet the wide range of needs
of individuals with spinal cord injuries.
(b) The agencies and organizations
eligible to apply under this program are
described in § 1330.2.
[FR Doc. 2016–10853 Filed 5–10–16; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2016–0006;
FXES11130900000C6–167–FF09E42000]
RIN 1018–BA89
Endangered and Threatened Wildlife;
Technical Corrections for Eight
Wildlife Species on the List of
Endangered and Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Partial withdrawal of direct
final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are
withdrawing, in part, a February 17,
2016, direct final rule that revises the
taxonomy of eight wildlife species
under the Endangered Species Act of
1973, as amended (Act). For the
Newell’s Townsend’s shearwater
(Puffinus auricularis newelli), we
received significant adverse comments
relating to additional scientific research
relevant to its taxonomic classification;
therefore, we are withdrawing the
amendments in the direct final rule for
this species only. The amendments in
the direct final rule for the other seven
species (Oahu elepaio (Chasiempis
ibidis), Kauai akialoa (Akialoa
stejnegeri), akiapolaau (Hemignathus
wilsoni), Kauai nukupuu (Hemignathus
hanapepe), Maui nukupuu
(Hemignathus affinis), Hawaii akepa
(Loxops coccineus), and Maui akepa
(Loxops ochraceus)) will be effective on
May 17, 2016.
DATES: Effective May 11, 2016, the
Service withdraws amendatory
instructions 2.f and 2.g published at 81
FR 8007 on February 17, 2016.
ADDRESSES: The direct final rule may be
found online at https://
www.regulations.gov under Docket No.
FWS–R1–ES–2016–0006.
FOR FURTHER INFORMATION CONTACT:
Marilet Zablan, Program Manager for
Restoration and Endangered Species
Classification, U.S. Fish and Wildlife
Service, Pacific Regional Office,
Ecological Services, 911 NE 11th
Avenue, Portland, OR 97232; telephone
503–231–6131. Individuals who are
hearing impaired or speech impaired
may call the Federal Relay Service at
800–877–8337 for TTY (telephone
typewriter or teletypewriter) assistance
24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
Frm 00055
Fmt 4700
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29165
Background
Our regulations at 50 CFR 17.11(b)
direct us to use the most recently
accepted scientific names for species on
the List of Endangered and Threatened
Wildlife (50 CFR 17.11(h)). Accordingly,
on February 17, 2016, we published in
the Federal Register a direct final rule
(81 FR 8004) to revise the taxonomy and
nomenclature of eight Hawaiian bird
species listed under section 4 of the Act
(16 U.S.C. 1531 et seq.). All of these
changes are supported by peer-reviewed
scientific studies and reflect the
taxonomy that has been accepted by the
American Ornithologists’ Union (AOU)
in the most recent supplements to the
Check-list of North American Birds.
Specific references relevant to each
species are cited in the text of the
February 17, 2016, direct final rule, and
are posted as supporting documents at
https://www.regulations.gov under
Docket No. FWS–R1–ES–2016–0006.
Consequently, we published the
direct final rule without a prior proposal
because we considered it a
noncontroversial action that was in the
best interest of the public and should be
undertaken in as timely a manner as
possible. We stated that if we received
significant adverse comments regarding
the taxonomic changes for any of these
species, we would publish a document
in the Federal Register withdrawing
this rule for the appropriate species
before the effective date. Significant
adverse comments are comments that
provide strong justifications as to why
the rule should not be adopted or why
it should be changed.
Comments on the Direct Final Rule
We received three comments on the
direct final rule. One of these comments
called our attention to recently
published genetic research on
´
´
shearwaters (Martınez-Gomez et al.
2015) that recommends maintaining the
Hawaiian taxon newelli (Newell’s
Townsend’s shearwater, or Newell’s
shearwater) as a subspecies of the
Townsend’s shearwater, under the
scientific name Puffinus auricularis
newelli. This recommendation is
contrary to the determination of the
direct final rule and the AOU Checklist
Committee (Chesser et al. 2015) that
Newell’s shearwater is a distinct species
(Puffinus newelli). The commenter
requested that this discrepancy be
further considered before we adopt the
taxonomic change set forth in the direct
final rule. Another commenter
discussed behavioral differences
between Newell’s shearwater and
Townsend’s shearwater, while also
providing a link to an article
E:\FR\FM\11MYR1.SGM
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Agencies
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Pages 29156-29165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10853]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 1330
RIN 0985-AA12
National Institute on Disability, Independent Living, and
Rehabilitation Research
AGENCY: National Institute on Disability, Independent Living, and
Rehabilitation Research; Administration for Community Living; HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements the Workforce Innovation and Opportunity
Act of 2014 and reflects the transfer of the National Institute on
Disability, Independent Living, and Rehabilitation Research (NIDILRR)
from the Department of Education to the Department of Health and Human
Services (HHS). The previous regulations were issued by the Department
of Education. The rulemaking consolidates the NIDILRR regulations into
a single part, aligns the regulations with the current statute and HHS
policies, and provides guidance to NIDILRR grantees.
DATES: These final regulations are effective July 1, 2016.
FOR FURTHER INFORMATION CONTACT: Greg Pugh, Administration for
Community Living, telephone (202) 795-7422 (Voice). This is not a toll-
free number. This document will be made available in alternative
formats upon request.
SUPPLEMENTARY INFORMATION:
I. Discussion of Final Rule
The Workforce Innovation and Opportunity Act of 2014 (``WIOA,''
Pub. L. 113-128), signed into law on July 22, 2014, included
significant changes to Title II of the Rehabilitation Act of 1973. The
first of these is the insertion of a new name, the National Institute
on Disability, Independent Living, and Rehabilitation Research
(``NIDILRR,'' which was previously the National Institute on Disability
and Rehabilitation Research). WIOA also relocates NIDILRR from the
Department of Education to the Administration for Community Living
(``ACL'') of the Department of Health and Human Services. As part of
the transfer, the Administrator of ACL (Administrator) drafted a Notice
of Proposed Rulemaking that was published on December 21, 2015, to
implement the Workforce Innovation and Opportunity Act of 2014 and
reflect the transfer of the National Institute on Disability,
Independent Living, and Rehabilitation Research from the Department of
Education to the Department of Health and Human Services.
ACL received 13 unduplicated comments during the public comment
period from individuals, state agencies, and organizations representing
disability, rehabilitation, and aging constituencies. ACL has read and
considered each of the comments received. We respond here to the most-
commonly-received comments and those that we believe require further
discussion. Several comments raised issues that are specific to the
commenter. Responding to such comments is beyond the scope of the final
regulation. Nevertheless, we encourage commenters with individualized
questions to contact NIDILRR directly at 202-401-4634--Option 5.
Many of the comments expressed broad general support for the rule
and the broader transfer of NIDILRR to the Administration for Community
Living. Commenters expressed their support of the consolidation of
existing NIDILRR regulations and alignment with HHS policies, a major
goal of this rulemaking. Others expressed their approval of the
elimination of unnecessary language from the regulatory text, while at
the same time maintaining existing Department of Education language
where it makes programmatic sense to do so. Finally, multiple
commenters wrote in support of the inclusion of the stages of research,
as well as the new stages of development.
While no commenters expressed general opposition to the
promulgation of the rule, several expressed their concerns about
specific provisions of the proposed rule. We made changes to the
regulatory text based on the comments as discussed below and we fixed a
few non-substantive technical errors in the regulatory text. In
addition, it has come to our attention that a selection criterion used
at the Department of Education related to the quality of a proposed
project's design was inadvertently omitted from this rule. This
criterion is extremely valuable to the evaluation of applications for
certain NIDILRR projects, and we have therefore included it verbatim at
Sec. 1330.24(p) as one of the criteria the Director may consider in
evaluating an application. Other than the changes discussed below, we
adopt our discussion of the rule in the Notice of Proposed Rulemaking
published December 21, 2015 (80 FR 79283).
A. Funding Out of Rank Order in Field-Initiated Competitions
Comment: Six commenters (five organizations and one individual)
raised concerns about a proposed change to Sec. 1330.25. The proposed
regulation gives the NIDILRR director authority to fund out of rank
order in field-initiated competitions when there is an opportunity to
fund a project of significant interest to the agency. Concerns ranged
from the change giving too much authority to political appointees to
the potential undermining of the scientific integrity of the research
process. Suggestions ranged from dropping this proposed change in the
regulation to increasing the scoring threshold for use of the provision
or to creating a requirement for a formal explanation by the NIDILRR
director justifying the proposed change.
Response: NIDILRR appreciates the concerns expressed by these
commenters especially the focus on impartial peer review and its role
in maintaining the scientific integrity of NIDILRR's research
portfolio. Our goal in suggesting this change was to provide an
opportunity for the Director to select applications that address
critical agency goals in circumstances where these applications have
high scores but would not be funded in a strictly rank order
[[Page 29157]]
framework. NIDILRR has long had the ability to fund out of rank order,
and though it was rarely used, we added the 80 percent threshold in an
effort to ensure the quality of NIDILRR-funded research. NIDILRR has
expanded our field-initiated research opportunities in recent years,
and we think that clarifying the requirements for funding out of rank
order will ensure this quality, while also allowing for funding of
compelling research opportunities. In such cases where an application
may have otherwise gone unfunded in a strict rank-order process, we
believe that the Director should have the ability to fund highly
promising studies, while setting a minimum threshold for quality
assurance and providing for public notification.
After careful consideration of the concerns raised by the
commenters, as well as a review of past applications, NIDILRR proposes
to increase the threshold before funding out of rank order can be
considered to a score of 85 points or above. We believe, based upon
decades of staff experience with the grant review process, that this
number strikes a reasonable balance between providing the Director the
flexibility to fund applications which are uniquely promising and
ensuring that all NIDILRR-funded research projects are of the quality
and rigor for which NIDILRR is known. In addition, the regulation has
been amended to require a public notification by the Director of any
decision to fund out of rank order. Should it become advisable to raise
this threshold further, we may revisit this threshold in the future. We
take these steps to clarify our commitment to conducting rigorous peer
review.
B. Publication of Funding Opportunities and Application Instructions
Comment: In light of the new regulation's elimination of specific
funding application instructions, two commenters suggested that NIDILRR
update its Web site to provide clear information to applicants on
funding opportunities and on the process of submitting applications.
Response: NIDILRR shares these commenters' commitment to ensuring
that potential grantees have adequate access to information on
NIDILRR's research priorities and application processes. To this end,
we are publishing funding forecast documents with links to necessary
application information on the ACL Web site, and will endeavor at all
times to maximize the transparency and wide dissemination of funding
opportunities and application instructions.
C. Stages of Development
Comment: One commenter, while supporting the stages of development
in Sec. 1330.5, expressed concern that the rule doesn't make clear
that the technology transfer plan requirement does not sufficiently
convey the complexity of supply and demand and the behaviors of
consumers and other stakeholders in their decisions to adopt and use
technology.
Response: The stages of development provide an organizational
framework to guide prospective applicants in preparing their technical
proposals. The stages are not prescriptive. For this reason, we believe
that identifying the relevant stage(s) of development will allow the
peer review process to better determine the extent to which proposed
activities to facilitate and measure product adoption are necessary and
appropriate and to determine the extent to which applicants understand
contextual factors that might impact product adoption.
D. Disability Advisory Panels and Reviewer Training
Comment: One organization made a number of suggestions related to
NIDILRR's peer review process as described in Sec. 1330.22. This
commenter recommended that NIDILRR form advisory panels with members
with diverse disabilities, including physical, sensory, intellectual,
and mental disabilities, to be assigned to each peer review panel to
ensure that disability perspectives are considered in the funding
decision.
In addition, the commenter suggested reviewer training related to
consistent weighting of scores, minimizing personal biases of
reviewers, and reviewing and scoring application attachments. The
commenter also suggested that NIDILRR provide training to the
disability advisory panels to ensure that personal likes and dislikes
of the reviewers not enter into the scoring.
Response: NIDILRR strongly supports a diversity of perspectives on
peer review panels and makes every effort to include reviewers who have
disabilities as well as subject-matter expertise relevant to the
research or development topic. We are constantly seeking to recruit
new, qualified individuals with disabilities for these purposes. We
require our peer reviewers to attend an orientation session and, if
they are new to our system, participate in training sessions to ensure
that they understand the technical requirements of the process. NIDILRR
staff monitors each panel to ensure that the review is carried out in a
professional manner and further to ensure that each application is
treated fairly.
To support the importance of research and development focused on
the needs of individuals with disabilities, NIDILRR has already added a
requirement that applicants must obtain input from individuals with
disabilities and other stakeholders in shaping proposed research or
development activities. NIDILRR is also finalizing approval of its
Disability, Independent Living, and Rehabilitation Research Advisory
Council (DILRRAC) which adheres to a statutory requirement that more
than 50% of its membership be comprised of individuals with
disabilities. We believe that this committee will provide valuable
guidance regarding ways that we can improve the relevance of NIDILRR's
research to individuals with disabilities. We are confident that all of
these steps will address the commenters concerns without adding
significant administrative burden and expense to the peer review
process.
E. Collaboration
Comment: Two commenters suggested additions to the peer review
criterion on collaboration in Sec. 1330.24(k). Both suggested more
specific requirements for collaboration with local and national
consumer organizations, and one also included a recommendation for
requiring meaningful collaboration with other relevant agencies,
organizations, or institutions. In addition, one of the commenters
suggested weighting the collaboration criterion more heavily.
Response: NIDILRR strongly agrees that it is important to seek
appropriate collaboration where relevant to the specific research or
development project being proposed. To this end, we have long had a
collaboration review element which is required for many funding
priorities. We believe that this requirement is adequate, and that to
require it of all research or development projects would be misguided,
as collaboration may not be relevant for the research topic or stage of
research or development being proposed.
Specific weighting of review criteria is not prescribed by
regulation so as to allow weighting as appropriate to the purpose and
goals of each funding priority. More specific regulatory language on
weighting would significantly limit NIDILRR's ability to match
individual criteria with the topic of the priority at hand.
[[Page 29158]]
F. Notification of Review Scores and Comments
Comment: Two commenters suggested the insertion into regulation a
requirement that applicants will receive reviewer scores and comments
within 30 days of NIDILRR decisions.
Response: This is already a part of NIDILRR's grants management
policy, and we make every effort to ensure that notification of scores
and comments is provided within a 30 day timeframe. We believe that to
specifically require this in regulation would be counter to the stated
objectives of consolidating and simplifying the regulatory language, to
which many commenters responded very favorably.
G. Posting of Applicant Scores
Comment: One commenter suggested that NIDILRR post a list of
applicants and aggregate scores on its Web site at the conclusion of a
competition.
Response: NIDILRR's goal is to fund rigorous and relevant research,
as determine by an independent panel of individuals with subject-
specific expertise and with knowledge of and sensitivity to the needs
of individuals with disabilities. We ask these reviewers to provide
detailed and thoughtful comments on the proposals they review, and we
send this feedback to applicants in an effort to help build capacity in
disability and rehabilitation research. We do not believe that listing
unsuccessful applicants and their scores would further this goal, and
believe that doing so would be contrary to HHS grants policy with
regard to applicant privacy.
H. Meaning of ``Product''
Comment: One organization raised several questions about the
meaning of the term ``product'' in our discussion of stages of
development, specifically requesting that NIDILRR define the term and
what it includes. A related comment recommended that NIDILRR provide
clarification to the concept of ``proof of product'' to ensure that it
includes functional requirements such as accessibility and usability or
market viability requirements such as price or performance. This
commenter also suggested that NIDILRR elaborate on its expectations of
the attributes associated with the stages of development. Finally,
there was one comment asking that there be consistent use of the term
product in the document.
Response: NIDILRR carefully considered these comments which helped
us think about the extent to which we wanted to make the definition of
``product'' to be enumerative or non-enumerative and to allow for
changes in conceptualization over time. Our conclusion is that
flexibility is needed and beneficial. To this end, we are defining
products as potentially encompassing but not necessarily limited to
models, methods, tools, applications, and devices. Applicants can
associate proposed products to these types or clarify and defend why
proposed products lie outside of these types. Finally, we agree that it
would contribute to clarity to use the term, ``product'' consistently
in the document, and we have made this change accordingly.
I. Removal of ``Scientific'' From Peer Review Panels
Comment: A commenter suggested that NIDILRR remove the term
``scientific'' from the description of its peer review panels.
Response: NIDILRR's authorizing statute specifically requires the
NIDILRR Director to provide for scientific review of all applications
over which the Director has authority. 29 U.S.C. 762(f)(1). Given the
statutory requirement, NIDILRR feels that it must adhere to this
standard which confirms Congressional intent to ensure that NIDILRR
carry out its peer review so that scientific expertise supports
rigorous review that help ensures that NIDILRR funds the research that
is likely to generate findings that will help improve the lives of
individuals with disabilities. However, NIDILRR also notes that this
section of the statute references inclusion of expertise regarding
needs of individuals with disabilities and their families. To this end,
we make every effort to have peer review panels that balance scientific
expertise with knowledge relevant to individuals with disabilities and
their families.
J. Role of the Director
Comment: One organization asked for clarification of the role of
the Director in conducting evaluation of applications for NIDILRR
funding, specifically inquiring whether the Director has sole
discretion over the review.
Response: As stated in Sec. 1330.21, the NIDILRR Director is
required to refer each application to a peer review panel that reviews
the application using the applicable peer review criteria as defined in
Sec. 1330.23. The ranking of the applications by the peer review
panels determines which applicants are awarded funds, subject to
special considerations in Sec. 1330.25.
K. Role of the Director, Consistency
Comment: One commenter pointed out that, in Sec. 1330.24(d), the
reference to Secretary should refer to the NIDILRR Director for
consistency with the rest of the section.
Response: We concur, and have corrected the regulatory text
accordingly.
L. Applications Address the Needs of Individuals With Diverse
Backgrounds
Comment: One commenter suggested that the language in Sec. 1330.11
be changed so that the Director must require that applicants
demonstrate how they will address the needs of individuals with
disabilities from minority backgrounds.
Response: NIDILRR appreciates the concern behind this comment, and
this language is often inserted into NIDILRR priorities. However, we
feel that it is too prescriptive to require that the Director must do
this in every instance, and that making this an absolute requirement
will restrict the ability of the Director to establish criteria that
support topics of research initiatives that may not benefit from such a
requirement.
M. Composition of Panels
Comment: One commenter suggested that the language in Sec. 1330.22
be changed so that the Director shall take into account factors
including does the peer review panels include knowledgeable individuals
with disabilities or disability advocates such as parents or family
members and does the panel include individuals from diverse
populations.
Response: NIDILRR appreciates the concern behind this comment.
However, we feel that it is too prescriptive to require that the
Director shall do this in every instance and that making this an
absolute requirement will restrict the ability of the Director to
establish peer review panels that best match the topics of proposed
research proposals.
II. Impact Analysis
A. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives, and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). The
Department has determined that this rule is consistent with the
priorities and principles set forth in Executive Order 12866. Executive
Order 12866 encourages agencies, as
[[Page 29159]]
appropriate, to provide the public with meaningful participation in the
regulatory process. The rulemaking implements the Workforce Innovation
and Opportunity Act of 2014. In developing the final rule, we
considered input we received from the public including stakeholders.
This final rule is not being treated as a ``significant regulatory
action'' under section 3(f)(1) of Executive Order 12866. Accordingly,
the final rule has not been reviewed by the Office of Management and
Budget.
B. Regulatory Flexibility Analysis
The Secretary certifies under 5 U.S.C. 605(b), the Regulatory
Flexibility Act (Pub. L. 96-354), that this regulation will not have a
significant economic impact on a substantial number of small entities.
The primary impact of this regulation is on entities applying for
NIDILRR funding opportunities, specifically researchers, States, public
or private agencies and organizations, institutions of higher
education, and Indian tribes and tribal organizations. The regulation
does not have a significant economic impact on these entities. This
rule is in fact significantly shorter than, but with identical
compliance requirements to, the regulations it replaces.
C. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995, we are required to
provide 60-day notice in the Federal Register and solicit public
comment before an information collection request is submitted to the
Office of Management and Budget (OMB) for review and approval. We are
not introducing any new information collections in this rule however,
nor revising reporting requirements.
D. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 requires
that a covered agency prepare a budgetary impact statement before
promulgating a rule that includes any Federal mandate that may result
in expenditures by State, local, or Tribal governments, in the
aggregate, or by the private sector, of $100 million, adjusted for
inflation, or more in any one year.
If a covered agency must prepare a budgetary impact statement,
section 205 further requires that it select the most cost-effective and
least burdensome alternatives that achieves the objectives of the rule
and is consistent with the statutory requirements. In addition, section
203 requires a plan for informing and advising any small government
that may be significantly or uniquely impacted by a rule.
ACL has determined that this rule does not result in the
expenditure by State, local, and Tribal governments in the aggregate,
or by the private sector of more than $100 million in any one year.
E. Congressional Review
This rule is not a major rule as defined in 5 U.S.C. Section
804(2).
F. Assessment of Federal Regulations and Policies on Families
Section 654 of the Treasury and General Government Appropriations
Act of 1999 requires Federal agencies to determine whether a policy or
regulation may affect family well-being. If the agency's conclusion is
affirmative, then the agency must prepare an impact assessment
addressing seven criteria specified in the law. These regulations do
not have an impact on family well-being as defined in the legislation.
G. Executive Order 13132
Executive Order 13132 on ``federalism'' was signed August 4, 1999.
The purposes of the Order are: ``. . . to guarantee the division of
governmental responsibilities between the national government and the
States that was intended by the Framers of the Constitution, to ensure
that the principles of federalism established by the Framers guide the
executive departments and agencies in the formulation and
implementation of policies, and to further the policies of the Unfunded
Mandates Reform Act . . .''
The Department certifies that this rule does not have a substantial
direct effect on States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
ACL is not aware of any specific State laws that would be preempted
by the adoption of the regulation.
List of Subjects in 45 CFR Part 1330
Grant programs, Research, Scholarships and fellowships.
Dated: April 20, 2016.
Kathy Greenlee,
Administrator, Administration for Community Living.
Approved: May 2, 2016.
Sylvia M. Burwell,
Secretary, Department of Health and Human Services.
For the reasons stated in the preamble, the U.S. Department of
Health and Human Services amends 45 CFR subchapter C by adding part
1330 to read as follows:
PART 1330--NATIONAL INSTITUTE FOR DISABILITY, INDEPENDENT LIVING,
AND REHABILITATION RESEARCH
Subpart A--Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program
Sec.
1330.1 General.
1330.2 Eligibility for assistance and other regulations and
guidance.
1330.3 Definitions.
1330.4 Stages of research.
1330.5 Stages of development.
Subpart B--Requirements for Awardees
1330.10 General requirements for awardees.
1330.11 Individuals with disabilities from minority backgrounds.
Subpart C--Selection of Awardees
1330.20 Peer review purpose.
1330.21 Peer review process.
1330.22 Composition of peer review panel.
1330.23 Evaluation process.
1330.24 Selection criteria.
1330.25 Additional considerations for field-initiated priorities.
Subpart D--Disability, Independent Living, and Rehabilitation Research
Fellowships
1330.30 Fellows program.
Subpart E--Special Projects and Demonstrations for Spinal Cord Injuries
1330.40 Spinal cord injuries program.
Authority: 29 U.S.C. 709, 3343.
Subpart A--Disability, Independent Living, and Rehabilitation
Research Projects and Centers Program
Sec. 1330.1 General.
(a) The Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program provides grants to establish and support:
(1) The following Disability, Independent Living, and
Rehabilitation Research and Related Projects:
(i) Disability, Independent Living, and Rehabilitation Research
Projects;
(ii) Field-Initiated Projects;
(iii) Advanced Rehabilitation Research Training Projects; and
(2) The following Disability, Independent Living, and
Rehabilitation Research Centers:
(i) Rehabilitation Research and Training Centers;
(ii) Rehabilitation Engineering Research Centers.
(b) The purpose of the Disability, Independent Living, and
Rehabilitation Research Projects and Centers Program is to plan and
conduct research, development, demonstration projects, training,
dissemination, and related activities, including international
activities, to:
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(1) Develop methods, procedures, and rehabilitation technology,
that maximize the full inclusion and integration into society,
employment, education, independent living, family support, and economic
and social self-sufficiency of individuals with disabilities,
especially individuals with the most severe disabilities; and
(2) Improve the effectiveness of services authorized under the
Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.
Sec. 1330.2 Eligibility for assistance and other regulations and
guidance.
(a) Unless otherwise stated in this part or in a determination by
the NIDILRR Director, the following entities are eligible for an award
under this program:
(1) States.
(2) Public or private agencies, including for-profit agencies.
(3) Public or private organizations, including for-profit
organizations.
(4) Institutions of higher education.
(5) Indian tribes and tribal organizations.
(b) Other sources of regulation which may apply to awards under
this part include but are not limited to:
(1) 45 CFR part 16--Procedures of the Departmental Grant Appeals
Board.
(2) 45 CFR part 46--Protection of Human Subjects.
(3) 45 CFR part 75--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS Awards.
(4) 2 CFR parts 376 and 382--Nonprocurement Debarment and
Suspension and Requirements for Drug-Free Workplace (Financial
Assistance).
(5) 45 CFR part 80--Nondiscrimination under Programs Receiving
Federal Assistance through the Department of Health and Human
Services--Effectuation of title VI of the Civil Rights Act of 1964.
(6) 45 CFR part 81--Practice and Procedure for Hearings under part
80 of this title.
(7) 45 CFR part 84--Nondiscrimination on the Basis of Handicap in
Programs or Activities Receiving Federal Financial Assistance.
(8) 45 CFR part 86--Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial
Assistance.
(9) 45 CFR part 87--Equal Treatment of Faith-Based Organizations.
(10) 45 CFR part 91--Nondiscrimination on the Basis of Age in
Programs or Activities Receiving Federal Financial Assistance from HHS.
(11) 45 CFR part 93--New Restrictions on Lobbying.
Sec. 1330.3 Definitions.
As used in this part:
(a) Secretary means the Secretary of the Department of Health and
Human Services.
(b) Administrator means the Administrator of the Administration for
Community Living.
(c) Director means the Director of the National Institute on
Disability, Independent Living, and Rehabilitation Research.
(d) Research is classified on a continuum from basic to applied:
(1) Basic research is research in which the investigator is
concerned primarily with gaining new knowledge or understanding of a
subject without reference to any immediate application or utility.
(2) Applied research is research in which the investigator is
primarily interested in developing new knowledge, information, or
understanding which can be applied to a predetermined rehabilitation
problem or need.
(e) Development activities use knowledge and understanding gained
from research to create materials, devices, systems, or methods
beneficial to the target population, including design and development
of prototypes and processes.
(f) Products encompass models, methods, tools, applications, and
devices, but are not necessarily limited to these types.
Sec. 1330.4 Stages of research.
For any Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program competition, the Department may require in
the application materials for the competition that the applicant
identify the stage(s) of research in which it will focus the work of
its proposed project or center. The four stages of research are:
(a) Exploration and discovery mean the stage of research that
generates hypotheses or theories through 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;
(b) 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;
(c) 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 may include assessing the training needed for
wide-scale implementation of the intervention, and approaches to
evaluation of the intervention in real-world applications; and
(d) 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 lacks a
sufficient evidence base to demonstrate its effectiveness.
Sec. 1330.5 Stages of development.
For any Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program competition, the Department may require in
the notice inviting applications for the competition that the
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applicant identify the stage(s) of development in which it will focus
the work of its proposed project or center. The three stages of
development are:
(a) Proof of concept means the stage of development where key
technical challenges are resolved. Stage activities may include
recruiting study participants, verifying product requirements;
implementing and testing (typically in controlled contexts) key
concepts, components, or systems, and resolving technical challenges. A
technology transfer plan is typically developed and transfer partner(s)
identified; and plan implementation may have started. Stage results
establish that a product concept is feasible.
(b) Proof of product means the stage of development where a fully-
integrated and working prototype, meeting critical technical
requirements is created. Stage activities may include recruiting study
participants, implementing and iteratively refining the prototype,
testing the prototype in natural or less-controlled contexts, and
verifying that all technical requirements are met. A technology
transfer plan is typically ongoing in collaboration with the transfer
partner(s). Stage results establish that a product embodiment is
realizable.
(c) Proof of adoption means the stage of development where a
product is substantially adopted by its target population and used for
its intended purpose. Stage activities typically include completing
product refinements; and continued implementation of the technology
transfer plan in collaboration with the transfer partner(s). Other
activities include measuring users' awareness of the product, opinion
of the product, decisions to adopt, use, and retain products; and
identifying barriers and facilitators impacting product adoption. Stage
results establish that a product is beneficial.
Subpart B--Requirements for Awardees
Sec. 1330.10 General requirements for awardees.
(a) In carrying out a research activity under this program, an
awardee must:
(1) Identify one or more hypotheses or research questions;
(2) Based on the hypotheses or research question identified,
perform an intensive systematic study in accordance with its approved
application directed toward:
(i) New or full scientific knowledge; or
(ii) Understanding of the subject or problem being studied.
(b) In carrying out a development activity under this program, an
awardee must create, using knowledge and understanding gained from
research, models, methods, tools, systems, materials, devices,
applications, or standards that are adopted by and beneficial to the
target population. Development activities span one or more stages of
development.
(c) In carrying out a training activity under this program, an
awardee shall conduct a planned and systematic sequence of supervised
instruction that is designed to impart predetermined skills and
knowledge.
(d) In carrying out a demonstration activity under this program, an
awardee shall apply results derived from previous research, testing, or
practice to determine the effectiveness of a new strategy or approach.
(e) In carrying out a utilization activity under this program, a
grantee must relate research findings to practical applications in
planning, policy making, program administration, and delivery of
services to individuals with disabilities.
(f) In carrying out a dissemination activity under this program, a
grantee must systematically distribute information or knowledge through
a variety of ways to potential users or beneficiaries.
(g) In carrying out a technical assistance activity under this
program, a grantee must provide expertise or information for use in
problem-solving.
Sec. 1330.11 Individuals with disabilities from minority backgrounds.
(a) If the director so indicates in the application materials or
elsewhere, an applicant for assistance under this program must
demonstrate in its application how it will address, in whole or in
part, the needs of individuals with disabilities from minority
backgrounds.
(b) The approaches an applicant may take to meet this requirement
may include one or more of the following:
(1) Proposing project objectives addressing the needs of
individuals with disabilities from minority backgrounds.
(2) Demonstrating that the project will address a problem that is
of particular significance to individuals with disabilities from
minority backgrounds.
(3) Demonstrating that individuals from minority backgrounds will
be included in study samples in sufficient numbers to generate
information pertinent to individuals with disabilities from minority
backgrounds.
(4) Drawing study samples and program participant rosters from
populations or areas that include individuals from minority
backgrounds.
(5) Providing outreach to individuals with disabilities from
minority backgrounds to ensure that they are aware of rehabilitation
services, clinical care, or training offered by the project.
(6) Disseminating materials to or otherwise increasing the access
to disability information among minority populations.
Subpart C--Selection of Awardees
Sec. 1330.20 Peer review purpose.
The purpose of peer review is to insure that:
(a) Those activities supported by the National Institute on
Disability, Independent Living, and Rehabilitation Research (NIDILRR)
are of the highest scientific, administrative, and technical quality;
and
(b) Activity results may be widely applied to appropriate target
populations and rehabilitation problems.
Sec. 1330.21 Peer review process.
(a) The Director refers each application for an award governed by
these regulations in this part to a peer review panel established by
the Director.
(b) Peer review panels review applications on the basis of the
applicable selection criteria in Sec. 1330.23.
Sec. 1330.22 Composition of peer review panel.
(a) The Director selects as members of a peer review panel
scientists and other experts in disability, independent living,
rehabilitation or related fields who are qualified, on the basis of
training, knowledge, or experience, to give expert advice on the merit
of the applications under review.
(b) The scientific peer review process shall be conducted by
individuals who are not Department of Health and Human Services
employees.
(c) In selecting members to serve on a peer review panel, the
Director may take into account the following factors:
(1) The level of formal scientific or technical education completed
by potential panel members.
(2) The extent to which potential panel members have engaged in
scientific, technical, or administrative activities appropriate to the
category of applications that the panel will consider; the roles of
potential panel members in those activities; and the quality of those
activities.
(3) The recognition received by potential panel members as
reflected by awards and other honors from scientific
[[Page 29162]]
and professional agencies and organizations outside the Department.
(4) Whether the panel includes knowledgeable individuals with
disabilities, or parents, family members, guardians, advocates, or
authorized representatives of individuals with disabilities.
(5) Whether the panel includes individuals from diverse
populations.
Sec. 1330.23 Evaluation process.
(a) The Director selects one or more of the selection criteria to
evaluate an application:
(1) The Director establishes selection criteria based on statutory
provisions that apply to the Program which may include, but are not
limited to:
(i) Specific statutory selection criteria;
(ii) Allowable activities;
(iii) Application content requirements; or
(iv) Other pre-award and post-award conditions; or
(2) The Director may use a combination of selection criteria
established under paragraph (a)(1) of this section and selection
criteria from Sec. 1330.24 to evaluate a competition.
(3) For Field-Initiated Projects, the Director does not consider
Sec. 1330.24(b) (Responsiveness to the Absolute or Competitive
Priority) in evaluating an application.
(b) In considering selection criteria in Sec. 1330.24, the
Director selects one or more of the factors listed in the criteria, but
always considers the factor in Sec. 1330.24(n) regarding members of
groups that have traditionally been underrepresented based on race,
color, national origin, gender, age, or disability.
(c) The maximum possible score for an application is 100 points.
(d) In the application package or a notice published in the Federal
Register, the Director informs applicants of:
(1) The selection criteria chosen and the maximum possible score
for each of the selection criteria; and
(2) The factors selected for considering the selection criteria and
if points are assigned to each factor, the maximum possible score for
each factor under each criterion. If no points are assigned to each
factor, the Director evaluates each factor equally.
(e) For all instances in which the Director chooses to allow field-
initiated research and development, the selection criteria in Sec.
1330.25 will apply, including the requirement that the applicant must
achieve a score of 85 percent or more of maximum possible points.
Sec. 1330.24 Selection criteria.
In addition to criteria established under Sec. 1330.23(a)(1), the
Director may select one or more of the following criteria in evaluating
an application:
(a) Importance of the problem. In determining the importance of the
problem, the Director considers one or more of the following factors:
(1) The extent to which the applicant clearly describes the need
and target population.
(2) The extent to which the proposed activities further the
purposes of the Rehabilitation Act.
(3) The extent to which the proposed activities address a
significant need of individuals with disabilities.
(4) The extent to which the proposed activities address a
significant need of rehabilitation service providers.
(5) The extent to which the proposed activities address a
significant need of those who provide services to individuals with
disabilities.
(6) The extent to which the applicant proposes to provide training
in a rehabilitation discipline or area of study in which there is a
shortage of qualified researchers, or to a trainee population in which
there is a need for more qualified researchers.
(7) The extent to which the proposed project will have beneficial
impact on the target population.
(b) Responsiveness to an absolute or competitive priority. In
determining the application's responsiveness to the application package
or the absolute or competitive priority published in the Federal
Register, the Director considers one or more of the following factors:
(1) The extent to which the applicant addresses all requirements of
the absolute or competitive priority.
(2) The extent to which the applicant's proposed activities are
likely to achieve the purposes of the absolute or competitive priority.
(c) Design of research activities. In determining the extent to
which the design is likely to be effective in accomplishing the
objectives of the project, the Director considers one or more of the
following factors:
(1) The extent to which the research activities constitute a
coherent, sustained approach to research in the field, including a
substantial addition to the state-of-the-art.
(2) The extent to which the methodology of each proposed research
activity is meritorious, including consideration of the extent to
which:
(i) The proposed design includes a comprehensive and informed
review of the current literature, demonstrating knowledge of the state-
of-the-art;
(ii) Each research hypothesis or research question, as appropriate,
is theoretically sound and based on current knowledge;
(iii) Each sample is drawn from an appropriate, specified
population and is of sufficient size to address the proposed hypotheses
or research questions, as appropriate, and to support the proposed data
analysis methods;
(iv) The source or sources of the data and the data collection
methods are appropriate to address the proposed hypotheses or research
questions and to support the proposed data analysis methods;
(v) The data analysis methods are appropriate;
(vi) Implementation of the proposed research design is feasible,
given the current state of the science and the time and resources
available;
(vii) Input of individuals with disabilities and other key
stakeholders is used to shape the proposed research activities; and
(viii) The applicant identifies and justifies the stage of research
being proposed and the research methods associated with the stage.
(3) The extent to which anticipated research results are likely to
satisfy the original hypotheses or answer the original research
questions, as appropriate, and could be used for planning additional
research, including generation of new hypotheses or research questions,
where applicable.
(4) The extent to which the stage of research is identified and
justified in the description of the research project(s) being proposed.
(d) Design of development activities. In determining the extent to
which the project design is likely to be effective in accomplishing
project objectives, the Director considers one or more of the following
factors:
(1) The extent to which the proposed project identifies a
significant need and a well-defined target population for the new or
improved product;
(2) The extent to which the proposed project methodology is
meritorious, including consideration of the extent to which:
(i) The proposed project shows awareness of the state-of-the-art
for current, related products;
(ii) The proposed project employs appropriate concepts, components,
or systems to develop the new or improved product;
(iii) The proposed project employs appropriate samples in tests,
trials, and other development activities;
[[Page 29163]]
(iv) The proposed project conducts development activities in
appropriate environment(s);
(v) Input from individuals with disabilities and other key
stakeholders is obtained to establish and guide proposed development
activities; and
(vi) The applicant identifies and justifies the stage(s) of
development for the proposed project; and activities associated with
each stage.
(3) The new product will be developed and tested in an appropriate
environment.
(e) Design of demonstration activities. In determining the extent
to which the design of demonstration activities is likely to be
effective in accomplishing the objectives of the project, the Director
considers one or more of the following factors:
(1) The extent to which the proposed demonstration activities build
on previous research, testing, or practices.
(2) The extent to which the proposed demonstration activities
include the use of proper methodological tools and theoretically sound
procedures to determine the effectiveness of the strategy or approach.
(3) The extent to which the proposed demonstration activities
include innovative and effective strategies or approaches.
(4) The extent to which the proposed demonstration activities are
likely to contribute to current knowledge and practice and be a
substantial addition to the state-of-the-art.
(5) The extent to which the proposed demonstration activities can
be applied and replicated in other settings.
(f) Design of training activities. In determining the extent to
which the design is likely to be effective in accomplishing the
objectives of the project, the Director considers one or more of the
following factors:
(1) The extent to which the proposed training materials are likely
to be effective, including consideration of their quality, clarity, and
variety.
(2) The extent to which the proposed training methods are of
sufficient quality, intensity, and duration.
(3) The extent to which the proposed training content:
(i) Covers all of the relevant aspects of the subject matter; and
(ii) If relevant, is based on new knowledge derived from research
activities of the proposed project.
(4) The extent to which the proposed training materials, methods,
and content are appropriate to the trainees, including consideration of
the skill level of the trainees and the subject matter of the
materials.
(5) The extent to which the proposed training materials and methods
are accessible to individuals with disabilities.
(6) The extent to which the applicant's proposed recruitment
program is likely to be effective in recruiting highly qualified
trainees, including those who are individuals with disabilities.
(7) The extent to which the applicant is able to carry out the
training activities, either directly or through another entity.
(8) The extent to which the proposed didactic and classroom
training programs emphasize scientific methodology and are likely to
develop highly qualified researchers.
(9) The extent to which the quality and extent of the academic
mentorship, guidance, and supervision to be provided to each individual
trainee are of a high level and are likely to develop highly qualified
researchers.
(10) The extent to which the type, extent, and quality of the
proposed research experience, including the opportunity to participate
in advanced-level research, are likely to develop highly qualified
researchers.
(11) The extent to which the opportunities for collegial and
collaborative activities, exposure to outstanding scientists in the
field, and opportunities to participate in the preparation of scholarly
or scientific publications and presentations are extensive and
appropriate.
(g) Design of dissemination activities. In determining the extent
to which the design is likely to be effective in accomplishing the
objectives of the project, the Director considers one or more of the
following factors:
(1) The extent to which the content of the information to be
disseminated:
(i) Covers all of the relevant aspects of the subject matter; and
(ii) If appropriate, is based on new knowledge derived from
research activities of the project.
(2) The extent to which the materials to be disseminated are likely
to be effective and usable, including consideration of their quality,
clarity, variety, and format.
(3) The extent to which the methods for dissemination are of
sufficient quality, intensity, and duration.
(4) The extent to which the materials and information to be
disseminated and the methods for dissemination are appropriate to the
target population, including consideration of the familiarity of the
target population with the subject matter, format of the information,
and subject matter.
(5) The extent to which the information to be disseminated will be
accessible to individuals with disabilities.
(h) Design of utilization activities. In determining the extent to
which the design of utilization activities is likely to be effective in
accomplishing the objectives of the project, the Director considers one
or more of the following factors:
(1) The extent to which the potential new users of the information
or technology have a practical use for the information and are likely
to adopt the practices or use the information or technology, including
new devices.
(2) The extent to which the utilization strategies are likely to be
effective.
(3) The extent to which the information or technology is likely to
be of use in other settings.
(i) Design of technical assistance activities. In determining the
extent to which the design of technical assistance activities is likely
to be effective in accomplishing the objectives of the project, the
Director considers one or more of the following factors:
(1) The extent to which the methods for providing technical
assistance are of sufficient quality, intensity, and duration.
(2) The extent to which the information to be provided through
technical assistance covers all of the relevant aspects of the subject
matter.
(3) The extent to which the technical assistance is appropriate to
the target population, including consideration of the knowledge level
of the target population, needs of the target population, and format
for providing information.
(4) The extent to which the technical assistance is accessible to
individuals with disabilities.
(j) Plan of operation. In determining the quality of the plan of
operation, the Director considers one or more of the following factors:
(1) The adequacy of the plan of operation to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, and timelines for accomplishing project
tasks.
(2) The adequacy of the plan of operation to provide for using
resources, equipment, and personnel to achieve each objective.
(k) Collaboration. In determining the quality of collaboration, the
Director considers one or more of the following factors:
(1) The extent to which the applicant's proposed collaboration with
one or more agencies, organizations, or institutions is likely to be
effective in achieving the relevant proposed activities of the project.
[[Page 29164]]
(2) The extent to which agencies, organizations, or institutions
demonstrate a commitment to collaborate with the applicant.
(3) The extent to which agencies, organizations, or institutions
that commit to collaborate with the applicant have the capacity to
carry out collaborative activities.
(l) Adequacy and reasonableness of the budget. In determining the
adequacy and the reasonableness of the proposed budget, the Director
considers one or more of the following factors:
(1) The extent to which the costs are reasonable in relation to the
proposed project activities.
(2) The extent to which the budget for the project, including any
subcontracts, is adequately justified to support the proposed project
activities.
(3) The extent to which the applicant is of sufficient size, scope,
and quality to effectively carry out the activities in an efficient
manner.
(m) Plan of evaluation. In determining the quality of the plan of
evaluation, the Director considers one or more of the following
factors:
(1) The extent to which the plan of evaluation provides for
periodic assessment of progress toward:
(i) Implementing the plan of operation; and
(ii) Achieving the project's intended outcomes and expected
impacts.
(2) The extent to which the plan of evaluation will be used to
improve the performance of the project through the feedback generated
by its periodic assessments.
(3) The extent to which the plan of evaluation provides for
periodic assessment of a project's progress that is based on identified
performance measures that:
(i) Are clearly related to the intended outcomes of the project and
expected impacts on the target population; and
(ii) Are objective, and quantifiable or qualitative, as
appropriate.
(n) Project staff. In determining the quality of the project staff,
the Director considers the extent to which the applicant encourages
applications for employment from persons who are members of groups that
have traditionally been underrepresented based on race, color, national
origin, gender, age, or disability. In addition, the Director considers
one or more of the following:
(1) The extent to which the key personnel and other key staff have
appropriate training and experience in disciplines required to conduct
all proposed activities.
(2) The extent to which the commitment of staff time is adequate to
accomplish all the proposed activities of the project.
(3) The extent to which the key personnel are knowledgeable about
the methodology and literature of pertinent subject areas.
(4) The extent to which the project staff includes outstanding
scientists in the field.
(5) The extent to which key personnel have up-to-date knowledge
from research or effective practice in the subject area covered in the
priority.
(o) Adequacy and accessibility of resources. In determining the
adequacy and accessibility of the applicant's resources to implement
the proposed project, the Director considers one or more of the
following factors:
(1) The extent to which the applicant is committed to provide
adequate facilities, equipment, other resources, including
administrative support, and laboratories, if appropriate.
(2) The quality of an applicant's past performance in carrying out
a grant.
(3) The extent to which the applicant has appropriate access to
populations and organizations representing individuals with
disabilities to support advanced disability, independent living and
clinical rehabilitation research.
(4) The extent to which the facilities, equipment, and other
resources are appropriately accessible to individuals with disabilities
who may use the facilities, equipment, and other resources of the
project.
(p) Quality of the project design. In determining the quality of
the design of the proposed project, the Director considers one or more
of the following factors:
(1) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable.
(2) The quality of the methodology to be employed in the proposed
project.
(3) The extent to which the design of the proposed project includes
a thorough, high-quality review of the relevant literature, a high-
quality plan for project implementation, and the use of appropriate
methodological tools to ensure successful achievement of project
objectives.
(4) The extent to which the design of the proposed project is
appropriate to, and will successfully address, the needs of the target
population or other identified needs.
(5) The extent to which the proposed development efforts include
adequate quality controls and, as appropriate, repeated testing of
products.
(6) The extent to which the proposed project will be coordinated
with similar or related efforts, and with other appropriate community,
State, and Federal resources.
(7) The extent to which the design of the proposed project reflects
up-to-date knowledge from research and effective practice.
(8) The extent to which the proposed project represents an
exceptional approach to the priority or priorities established for the
competition.
Sec. 1330.25 Additional considerations for field-initiated
priorities.
(a) The Director reserves funds to support field-initiated
applications funded under this part when those applications have been
awarded points totaling 85 percent or more of the maximum possible
points under the procedures described in Sec. 1330.23.
(b) In making a final selection from applications received when
NIDILRR uses field-initiated priorities, the Director may consider
whether one of the following conditions is met and, if so, use this
information to fund an application out of rank order:
(1) The proposed project represents a unique opportunity to advance
rehabilitation and other knowledge to improve the lives of individual
with disabilities.
(2) The proposed project complements or balances research activity
already planned or funded by NIDILRR through its annual priorities or
addresses the research in a new and promising way.
(c) If the Director funds an application out of rank order under
paragraph (b) of this section, the public will be notified through a
notice on the NIDILRR Web site or through other means deemed
appropriate by the Director.
Subpart D--Disability, Independent Living, and Rehabilitation
Research Fellowships
Sec. 1330.30 Fellows program.
(a) The purpose of this program is to build research capacity by
providing support to highly qualified individuals, including those who
are individuals with disabilities, to perform research on
rehabilitation, independent living, and other experiences and outcomes
of individuals with disabilities.
(b) The eligibility requirements for the Fellows program are as
follows:
(1) Only individuals are eligible to be recipients of Fellowships.
(2) Any individual is eligible for assistance under this program
who has training and experience that indicate a potential for engaging
in scientific research related to rehabilitation and independent living
for individuals with disabilities.
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(3) This program provides two categories of Fellowships: Merit
Fellowships and Distinguished Fellowships.
(i) To be eligible for a Distinguished Fellowship, an individual
must have seven or more years of research experience in subject areas,
methods, or techniques relevant to disability and rehabilitation
research and must have a doctorate, other terminal degree, or
comparable academic qualifications.
(ii) The Director awards Merit Fellowships to individuals in
earlier stages of their careers in research. To be eligible for a Merit
Fellowship, an individual must have either advanced professional
training or experience in independent study in an area which is
directly pertinent to disability and rehabilitation.
(c) Fellowships will be awarded in the form of a grant to eligible
individuals.
(d) In making a final selection of applicants to support under this
program, the Director considers the extent to which applicants present
a unique opportunity to effect a major advance in knowledge, address
critical problems in innovative ways, present proposals which are
consistent with the Institute's Long-Range Plan, build research
capacity within the field, or complement and significantly increases
the potential value of already planned research and related activities.
Subpart E--Special Projects and Demonstrations for Spinal Cord
Injuries
Sec. 1330.40 Spinal cord injuries program.
(a) This program provides assistance to establish innovative
projects for the delivery, demonstration, and evaluation of
comprehensive medical, vocational, independent living, and
rehabilitation services to meet the wide range of needs of individuals
with spinal cord injuries.
(b) The agencies and organizations eligible to apply under this
program are described in Sec. 1330.2.
[FR Doc. 2016-10853 Filed 5-10-16; 8:45 am]
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