[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Notices]
[Pages 37022-37025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15091]


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DEPARTMENT OF EDUCATION


Disability and Rehabilitation Research Projects and Centers 
Program; Rehabilitation Engineering Research Centers

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

ACTION: Notice.

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    Overview Information:

    CFDA Numbers: 84.133E-1 and 84.133E-3.

    Final Priorities; National Institute on Disability and 
Rehabilitation Research (NIDRR)--Disability and Rehabilitation Research 
Projects and Centers Program--Rehabilitation Engineering Research 
Centers (RERC).

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces two priorities for RERCs: 
Recreational Technologies and Exercise Physiology Benefiting 
Individuals with Disabilities (Priority 1) and Rehabilitation Robotics 
(Priority 2). The Assistant Secretary may use one or both of these 
priorities for competitions in fiscal year (FY) 2012 and later years. 
We take this action to focus research attention on areas of national 
need. We intend to use these priorities to improve rehabilitation 
services and outcomes for individuals with disabilities.

DATES: Effective Date: These priorities are effective July 20, 2012.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5133, Potomac Center Plaza 
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-7532 or by 
email: [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 priorities (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 training to 
facilitate the advancement of knowledge and understanding of the unique 
needs of traditionally underserved populations; (3) determine

[[Page 37023]]

the 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 two priorities that NIDRR intends to use for 
RERC competitions 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 these 
priorities. 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 support 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).

Rehabilitation Engineering Research Centers Program (RERCs)

    The purpose of the NIDRR's RERCs, which are funded through the 
Disability and Rehabilitation Research Projects and Centers Program, is 
to improve the effectiveness of services authorized under the 
Rehabilitation Act by conducting advanced engineering research on and 
development of innovative technologies that are designed to solve 
particular rehabilitation problems, or to remove environmental 
barriers. RERCs also demonstrate and evaluate such technologies, 
facilitate service delivery system changes, stimulate the production 
and distribution of new technologies and equipment in the private 
sector, and provide training opportunities for early-career 
rehabilitation engineers. RERCs seek to solve rehabilitation problems 
and remove environmental barriers to improvements in employment, 
community living and participation, and health and function outcomes of 
individuals with disabilities.
    The general requirements for RERCs are set out in subpart D of 34 
CFR part 350 (What Rehabilitation Engineering Research Centers Does the 
Secretary Assist?).
    Additional information on the RERC program can be found at: 
www.ed.gov/rschstat/research/pubs/index.html.
    Program Authority: 29 U.S.C. 762(g) and 764(b)(3).
    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priorities (NPP) for NIDRR's 
Disability and Rehabilitation Research Projects and Centers Program in 
the Federal Register on April 10, 2012 (77 FR 21547). That notice 
contained background information and our reasons for proposing the 
particular priorities.
    Public Comment: In response to our invitation in the NPP, one party 
submitted comments on one of the proposed priorities.
    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 priorities.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priorities since publication of the NPP follows.

Recreational Technologies and Exercise Physiology Benefiting 
Individuals With Disabilities

    Comment: One commenter requested that NIDRR revise the priority 
statement to more clearly state that the priority is relevant to 
populations across the lifespan--including children. This commenter 
also suggested that the priority should focus more clearly on 
preventing negative health and functioning outcomes, and that these 
prevention efforts should be aimed at children.
    Discussion: Regarding the commenter's suggestion about the 
populations to be served under this priority, we note that nothing in 
the priority precludes applicants from proposing research and 
development projects that focus on the health and functioning of 
children with disabilities, or individuals with disabilities across the 
lifespan. However, NIDRR does not believe it is appropriate to require 
all applicants to define their target population in this way, because 
we do not wish to preclude applicants from proposing promising research 
and development projects that focus on other target populations. 
Applicants are expected to describe and justify their target 
population(s) in their proposals. The peer review panel will evaluate 
the merits of each application.
    NIDRR agrees with the commenter that the priority should focus on 
preventing negative health and functioning outcomes. In fact, one of 
the stated outcomes of the RERC's activities is ``to improve physical 
health and reduce debilitating secondary conditions associated with 
disability and sedentary lifestyle.'' Given this language in the 
priority, we do not believe any changes are necessary to address the 
commenter's concern.
    Changes: None.
    Comment: None.
    Discussion: NIDRR has decided to withdraw the proposed requirement 
that each funded RERC conduct a state-of-the science conference. 
Instead, NIDRR has added language to the fourth bulleted requirement 
related to dissemination to clarify that a state-of-the-science 
conference could be one possible means of disseminating the RERC's 
findings.
    Changes: NIDRR has removed the requirement (reflected in the fifth 
proposed bulleted requirement applicable to both priorities) that each 
RERC conduct a state-of-the-science conference on its designated 
priority research area in the fourth year of the project period, and 
publish a comprehensive report on the final outcomes of the conference 
in the fifth year of the project period. We also have added language to 
the fourth bulleted requirement applicable to both priorities, related 
to dissemination. Finally, NIDRR has deleted the language that referred 
to the National Center for Dissemination of Disability Research. NIDRR 
no longer funds this center.
    Final Priorities:
    The Assistant Secretary for Special Education and Rehabilitative 
Services announces the following priorities for the establishment of a 
Rehabilitation Engineering Research Center (RERC) on Recreational 
Technologies and Exercise Physiology Benefiting Individuals with 
Disabilities; and an RERC on Rehabilitation Robotics. Within its 
designated priority research area, each RERC will focus on innovative 
technological solutions, new knowledge, and concepts that will improve 
the lives of individuals with disabilities.
    Priority 1--RERC on Recreational Technologies and Exercise 
Physiology Benefiting Individuals With Disabilities.
    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will enhance recreational 
and physical activity opportunities for individuals with disabilities. 
The RERC must research, develop, or adapt technologies to capture, 
monitor, and

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analyze energy expenditure levels in individuals with disabilities as 
they perform different recreational and physical activities, so that 
clinicians, researchers, and individuals with disabilities can better 
estimate the intensity and frequency of physical activity required to 
promote health and function within specific disability populations. In 
addition, the RERC must facilitate access to, and use of, recreational 
and physical activity equipment, facilities, and recreational programs, 
that improve physical health and reduce debilitating secondary 
conditions associated with disability and sedentary lifestyle through 
such means as collaboration and communication with relevant 
stakeholders, technical assistance, and technology transfer, in 
addition to research and the development and testing of innovations.
    Priority 2--RERC on Rehabilitation Robotics.
    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies for the safe use of, and 
expanded access to, rehabilitation robotics by individuals with 
disabilities. This RERC must engage in research and development 
activities in the areas of both assistance and therapy robots for use 
by individuals with disabilities. The RERC must generate new knowledge 
and products that can improve the usability and utility of assistance 
robots so that they are more efficient and effective facilitators of 
independence and community participation. The RERC must also generate 
new knowledge and products that expand the use of therapy robots beyond 
large rehabilitation centers and into more community and home-based 
settings.
    Requirements applicable to both priorities:
    Under each priority, the RERC must be designed to contribute to the 
following outcomes:
    (1) Increased technical and scientific knowledge relevant to its 
designated priority research area. The RERC must contribute to this 
outcome by conducting high-quality, rigorous research and development 
projects.
    (2) Increased innovation in technologies, products, environments, 
performance guidelines, and monitoring and assessment tools applicable 
to its designated priority research area. The RERC must contribute to 
this outcome through the development and testing of these innovations.
    (3) Improved research capacity in its designated priority research 
area. The RERC must contribute to this outcome by collaborating with 
the relevant industry, professional associations, institutions of 
higher education, health care providers, or educators, as appropriate.
    (4) Improved usability and accessibility of products and 
environments in the RERC's designated priority research area. The RERC 
must contribute to this outcome by emphasizing the principles of 
universal design in its product research and development. For purposes 
of this section, the term ``universal design'' refers to the design of 
products and environments to be usable by all people, to the greatest 
extent possible, without the need for adaptation or specialized design.
    (5) Improved awareness and understanding of cutting-edge 
developments in technologies within its designated priority research 
area. The RERC must contribute to this outcome by identifying and 
communicating with relevant stakeholders, including NIDRR; individuals 
with disabilities and their representatives; disability organizations; 
service providers; editors of professional journals; manufacturers; and 
other interested parties regarding trends and evolving product concepts 
related to its designated priority research area.
    (6) Increased impact of research in the designated priority 
research area. The RERC must contribute to this outcome by providing 
technical assistance to relevant public and private organizations, 
individuals with disabilities, employers, and schools on policies, 
guidelines, and standards related to its designated priority research 
area.
    (7) Increased transfer of RERC-developed technologies to the 
marketplace. The RERC must contribute to this outcome by developing and 
implementing a plan for ensuring that all technologies developed by the 
RERC are made available to the public. The technology transfer plan 
must be developed in the first year of the project period in 
consultation with the NIDRR-funded Disability Rehabilitation Research 
Project, Center on Knowledge Translation for Technology Transfer.
    In addition, under each priority, the RERC must--
     Have the capability to design, build, and test prototype 
devices and assist in the technology transfer and knowledge translation 
of successful solutions to relevant production and service delivery 
settings;
     Evaluate the efficacy and safety of its new products, 
instrumentation, or assistive devices;
     Provide as part of its proposal, and then implement, a 
plan that describes how it will include, as appropriate, individuals 
with disabilities or their representatives in all phases of its 
activities, including research, development, training, dissemination, 
and evaluation;
     Provide as part of its proposal, and then implement, a 
plan to disseminate its research results to individuals with 
disabilities and their representatives; disability organizations; 
service providers; professional journals; manufacturers; and other 
interested parties. In meeting this requirement, each RERC may use a 
variety of mechanisms to disseminate information, including state-of-
the-science conferences, webinars, Web sites, and other dissemination 
methods; and
     Coordinate research projects of mutual interest with 
relevant NIDRR-funded projects, as identified through consultation with 
the NIDRR project officer.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use one or more of these priorities, we invite 
applications through a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this

[[Page 37025]]

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 regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this regulatory action under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are taking this regulatory action 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 these priorities are consistent with the 
principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits of this regulatory action. 
The potential costs associated with this regulatory action are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of the Disability and Rehabilitation Research Projects 
and Centers Programs have been well established over the years in that 
similar projects have been completed successfully. These priorities 
will generate new knowledge through research and development. Another 
benefit of these priorities is that the establishment of new RERCs will 
improve the lives of individuals with disabilities. The new RERCs will 
generate, disseminate, and promote the use of new information that will 
improve the options for individuals with disabilities to fully 
participate in their communities.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: June 15, 2012.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2012-15091 Filed 6-19-12; 8:45 am]
BILLING CODE 4000-01-P