[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33729-33732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13858]


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DEPARTMENT OF EDUCATION


Disability and Rehabilitation Research Projects and Centers 
Program--National Data and Statistical Center for the Burn Model 
Systems

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice.

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Overview Information

CFDA Number: 84.133A-4.

    Final priority; National Institute on Disability and Rehabilitation 
Research (NIDRR)--Disability and Rehabilitation Research Projects and 
Centers Program--Disability Rehabilitation Research Project (DRRP)--
National Data and Statistical Center for the Burn Model Systems.

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for the Disability and 
Rehabilitation Research Projects and Centers Program administered by 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, this notice announces a priority for a National 
Data and Statistical Center for the Burn Model Systems (National BMS 
Data Center). The Assistant Secretary may use this priority for a 
competition in fiscal year (FY) 2012 and later years. We take this 
action to focus research attention on areas of national need.

DATES: Effective Date: This priority is effective July 9, 2012.

FOR FURTHER INFORMATION CONTACT: Lynn Medley, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5140, Potomac Center Plaza 
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-7338 or by 
email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: This notice of final priority (NFP) is in 
concert with NIDRR's currently approved Long-Range Plan (Plan). The 
Plan, which was published in the Federal Register on February 15, 2006 
(71 FR 8165), can be accessed on the Internet at the following site: 
www.ed.gov/about/offices/list/osers/nidrr/policy.html.
    Through the implementation of the Plan, NIDRR seeks to: (1) Improve 
the quality and utility of disability and rehabilitation research; (2) 
foster an exchange of expertise, information, and

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training to facilitate the advancement of knowledge and understanding 
of the unique needs of traditionally underserved populations; (3) 
determine best strategies and programs to improve rehabilitation 
outcomes for underserved populations; (4) identify research gaps; (5) 
identify mechanisms of integrating research and practice, and (6) 
disseminate findings.
    This notice announces a final priority that NIDRR intends to use 
for a DRRP competition in FY 2012 and possibly later years. However, 
nothing precludes NIDRR from publishing additional priorities, if 
needed. Furthermore, NIDRR is under no obligation to make an award for 
this priority. The decision to make an award will be based on the 
quality of applications received and available funding.

Purpose of Program

    The purpose of the Disability and Rehabilitation Research Projects 
and Centers Program is to plan and conduct research, demonstration 
projects, training, and related activities, including international 
activities, to develop methods, procedures, and rehabilitation 
technologies that maximize the full inclusion and integration of 
individuals with disabilities into society, and promote the employment, 
independent living, family support, and economic and social self-
sufficiency of individuals with disabilities, especially individuals 
with the most severe disabilities; and to improve the effectiveness of 
services authorized under the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act).

Disability and Rehabilitation Research Projects (DRRPs)

    The purpose of DRRPs, which are funded under NIDRR's Disability and 
Rehabilitation Research Projects and Centers Program, is to improve the 
effectiveness of services authorized under the Rehabilitation Act of 
1973, as amended, by developing methods, procedures, and rehabilitation 
technologies that advance a wide range of independent living and 
employment outcomes for individuals with disabilities, especially 
individuals with the most severe disabilities. DRRPs carry out one or 
more of the following types of activities, as specified and defined in 
34 CFR 350.13 through 350.19: Research, training, demonstration, 
development, dissemination, utilization, and technical assistance. 
Additional information on DRRPs can be found at: http://www2.ed.gov/rschstat/research/pubs/res-program.html#DRRP.

    Program Authority: 29 U.S.C. 762(g) and 764(a).

    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priority for this program in the 
Federal Register on March 7, 2012 (77 FR 13575). That notice contained 
background information and our reasons for proposing the particular 
priority.
    Public Comment: In response to our invitation in the notice of 
proposed priority, six parties submitted comments on the proposed 
priority.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments that raised concerns not 
directly related to the proposed priority.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the notice of 
proposed priority follows.
    Comment: With regard to paragraph (a) of the priority, one 
commenter suggested that NIDRR specify that the database be accessible 
to analysts using a variety of computer operating systems and data 
analysis software programs.
    Discussion: NIDRR agrees with the commenter. To promote widespread 
use of the BMS Database, we have modified the priority as suggested.
    Changes: We have added a sentence to paragraph (a) of the priority 
to state that the database must be accessible to researchers and 
analysts using a variety of computer operating systems and data 
analysis software programs.
    Comment: With regard to paragraph (e) of the priority, one 
commenter recommended that NIDRR require the National BMS Data Center 
to collaborate with the American Burn Association (ABA) to facilitate 
synergies between and outcomes of, the national longitudinal Burn Model 
Systems (BMS) database and the database maintained by the ABA.
    Discussion: NIDRR agrees with the commenter that collaboration 
between the National BMS Data Center and the ABA may lead to improved 
outcomes of the BMS Database. Paragraph (e) of the priority requires 
the grantee to pursue strategies to improve efficiency of the BMS 
Database, including collaborations with the National Data and 
Statistical Center for Traumatic Brain Injury Model Systems, the 
National Data and Statistical Center for Spinal Cord Injury Model 
Systems, and the Model Systems Knowledge Translation Center (MSKTC). 
Applicants may propose to collaborate with the ABA to carry out any 
number of strategies to achieve this outcome. We believe that providing 
applicants with the flexibility to collaborate with the ABA is 
preferable to requiring that all applicants propose to collaborate with 
the ABA.
    Changes: In paragraph (e), NIDRR has clarified that it seeks 
improved efficiency of the BMS Database operations through 
collaborations between the National BMS Data Center and other entities, 
including those entities that maintain large databases with information 
about the experiences and outcomes of individuals with disabilities. 
NIDRR has added the American Burn Association to the list of possible 
collaborators in paragraph (e) of the priority.
    Comment: One commenter asked whether the BMS Centers funded under 
the BMS Centers priority would be engaged in a collaborative research 
project and, if so, whether applicants under the National BMS Data 
Center priority should plan to provide statistical and other 
methodological consultation to this collaborative project.
    Discussion: Grantees under the proposed BMS Centers priority will 
not engage in a collaborative research project. Therefore, applicants 
under the BMS National Data and Statistical Center do not need to 
propose support for such a project.
    Changes: None.
    Comment: One commenter asked whether the grantee under this 
priority will be required to participate in the state-of-the-science 
conference that is described in the BMS Centers priority or in the 
Project Directors' meetings for the BMS Centers. The commenter asked 
whether applicants applying under this priority should budget for the 
costs of travel and attendance at the conference and meetings.
    Discussion: The BMS Centers priority, announced in a separate 
notice of final priority, no longer includes a requirement that the BMS 
Centers budget to support a state-of-the-science conference. Thus, the 
National BMS Data Center is not required to budget for participation in 
a state-of-the-science conference. The BMS Centers priority does, 
however, include a requirement for grantees to participate in BMS 
Centers Project Directors' meetings. We believe that participation in 
the BMS Centers Project Directors' meetings by representatives of the 
National BMS Data Center is critical because those meetings include 
discussion and oversight of data collection policies and procedures, 
possible changes to variables collected by the BMS Centers, threats to 
data quality and possible solutions, as well as reports on the Centers' 
follow-up rates and missing

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data rates. For this reason, we are revising this priority to require 
that the National BMS Data Center ensure that its Project Director 
participates in two annual face-to-face BMS Center Project Directors' 
meetings.
    Change: NIDRR has added language to the priority to require that 
the National BMS Data Center ensure that its Project Director 
participates in two annual face-to-face BMS Center Project Directors' 
meetings, one of which will take place in the greater Washington, DC 
area and once in conjunction with the annual ABA Convention.

Final Priority

Priority--National Data and Statistical Center for the Burn Model 
Systems

    The Assistant Secretary for Special Education and Rehabilitative 
Services announces a priority for a National Data and Statistical 
Center for the Burn Model Systems (National BMS Data Center). The 
National BMS Data Center must advance medical rehabilitation by 
increasing the rigor and efficiency of scientific efforts to assess the 
experiences and outcomes of individuals with burn injury. To meet this 
priority, the National BMS Data Center's research and technical 
assistance must be designed to contribute to the following outcomes:
    (a) Maintenance of a national longitudinal database (BMS Database) 
for data submitted by each of the Burn Model Systems Centers (BMS 
Centers). This database must provide confidentiality, quality control, 
and data-retrieval capabilities, using cost-effective technology and 
user-friendly interfaces. The database must be accessible to 
researchers and analysts using a variety of computer operating systems 
and data analysis software programs.
    (b) High-quality, reliable data in the BMS Database. The National 
BMS Data Center must contribute to this outcome by providing training 
and technical assistance to BMS Centers on subject retention and data 
collection procedures, data entry methods, and appropriate use of study 
instruments, and by monitoring the quality of the data submitted by the 
BMS Centers.
    (c) High-quality data collected from database participants of all 
racial and ethnic backgrounds. The National BMS Data Center must 
contribute to this outcome by providing knowledge, training, and 
technical assistance to the BMS Centers on culturally appropriate 
methods of longitudinal data collection and participant retention.
    (d) Rigorous research conducted by BMS Centers and investigators 
from outside of the BMS network who are analyzing data from the BMS 
Database. The National BMS Data Center must contribute to this outcome 
by making statistical and other methodological consultation available 
for research projects that use the BMS Database, as well as site-
specific research projects being conducted by the BMS Centers.
    (e) Improved efficiency of the BMS Database operations. The 
National BMS Data Center must contribute to this outcome by 
collaborating with other entities, including those that maintain large 
databases with information about the experiences and outcomes of 
individuals with disabilities. These entities may include, but are not 
limited to the National Data and Statistical Center for Traumatic Brain 
Injury Model Systems, the National Data and Statistical Center for 
Spinal Cord Injury Model Systems, the Model Systems Knowledge 
Translation Center (MSKTC), and the American Burn Association.
    (f) Improved reports for the public from the BMS Database. The 
National BMS Data Center must produce a report based on the BMS 
Database at least once a year that provides basic demographic, 
epidemiological, and outcome information about burn survivors. The 
National BMS Data Center must collaborate with the MSKTC to distribute 
information about burn injury and burn rehabilitation to the public 
through a NIDRR-funded Web site and other media.
    To facilitate these outcomes, the National BMS Data Center must 
ensure that its Project Director participates in two annual face-to-
face BMS Center Project Directors' meetings. One of these annual 
meetings will take place in the greater Washington, DC area and one in 
conjunction with the annual American Burn Association Convention.

Types of Priorities

    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs

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(recognizing that some benefits and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority only on a reasoned determination 
that its benefits justify its costs. In choosing among alternative 
regulatory approaches, we selected those approaches that maximize net 
benefits. Based on the analysis that follows, the Department believes 
that this regulatory action is consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Summary of Potential Costs and Benefits

    The benefits of the Disability and Rehabilitation Research Projects 
and Centers Programs have been well established over the years in that 
similar projects have been completed successfully. This final priority 
will generate new knowledge through research and development.
    Another benefit of the final priority is that establishing a new 
DRRP will improve the lives of individuals with disabilities. The new 
DRRP will provide support and assistance for NIDRR grantees as they 
generate, disseminate, and promote the use of new information that will 
improve the options for individuals with disabilities to perform 
regular activities of their choice in the community.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD or TTY, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: http://www.gpo.gov/fdsys. At this site you can view this document, 
as well as all other documents of this Department published in the 
Federal Register, in text or Adobe Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: http://www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: June 4, 2012.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2012-13858 Filed 6-6-12; 8:45 am]
BILLING CODE 4000-01-P