[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Proposed Rules]
[Pages 12002-12005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03995]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III


Proposed Priority--National Institute on Disability and 
Rehabilitation Research--Rehabilitation Research and Training Centers 
[CFDA Number: 84.133B-7]

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

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority for the Rehabilitation 
Research and Training Center (RRTC) Program administered by the 
National Institute on Disability and Rehabilitation Research (NIDRR). 
Specifically, this notice proposes a priority for an RRTC on Disability 
Statistics and Demographics. The Assistant Secretary may use this 
priority for competitions in fiscal year (FY) 2013 and later years. We 
take this action to focus research attention on areas of national need. 
We intend the priority to contribute to improved outcomes in these 
areas for individuals with disabilities.

DATES: We must receive your comments on or before March 25, 2013.

ADDRESSES: Address all comments about this notice to Marlene Spencer, 
U.S. Department of Education, 400 Maryland Avenue SW., room 5133, 
Potomac Center Plaza (PCP), Washington, DC 20202-2700.
    If you prefer to send your comments by email, use the following 
address: [email protected]. You must include the phrase ``Proposed 
Priority for a RRTC on Disability Statistics and Demographics'' in the 
subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer. 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 proposed priority 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 methods to 
facilitate the advancement of knowledge and understanding of the unique 
needs of traditionally underserved populations; (3) determine best 
strategies and programs to improve rehabilitation outcomes for 
underserved populations; (4) identify research gaps; (5) identify 
mechanisms for integrating research and practice; and (6) disseminate 
findings.

[[Page 12003]]

    This notice proposes one priority, that NIDRR intends to use for 
one or more competitions in FY 2013 and possibly later years. However, 
nothing precludes NIDRR from publishing additional priorities, if 
needed. Furthermore, NIDRR is under no obligation to make an award 
using this priority. The decision to make an award will be based on the 
quality of applications received and available funding.
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority, we urge you to identify 
clearly the specific topic that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this proposed priority in room 5133, 550 12th Street 
SW., PCP, Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The purpose of the Disability and 
Rehabilitation Research Projects and Centers Program is to plan and 
conduct research, demonstration projects, training, and related 
activities, including international activities, to develop methods, 
procedures, and rehabilitation technology that maximize the full 
inclusion and integration into society, employment, independent living, 
family support, and economic and social self-sufficiency of individuals 
with disabilities, especially individuals with the most severe 
disabilities, and to improve the effectiveness of services authorized 
under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability 
and Rehabilitation Research Projects and Centers Program, is to achieve 
the goals of, and improve the effectiveness of, services authorized 
under the Rehabilitation Act through advanced research, training, 
technical assistance, and dissemination activities in general problem 
areas, as specified by NIDRR. These activities are designed to benefit 
rehabilitation service providers, individuals with disabilities, and 
the family members or other authorized representatives of individuals 
with disabilities. Additional information on the RRTC program can be 
found at: www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.

    Program Authority: 29 U.S.C. 762(g) and 764(b)(2).

    Applicable Program Regulations: 34 CFR part 350. Proposed Priority:
    This notice contains one proposed priority, RRTC on Disability 
Statistics and Demographics.
    Background:
    For more than 25 years, NIDRR has supported research about 
disability statistics and demographics to assist government agencies, 
service providers, consumers, advocates, and others who need guidance 
or support in generating, analyzing, interpreting, or disseminating 
disability data. NIDRR seeks to fund an RRTC that will continue to 
serve as a national resource center for all stakeholders involved in 
the collection, analysis, dissemination, and use of national disability 
data.
    Research, training, and technical assistance is needed so that 
national surveys are designed to help ensure that the experiences and 
outcomes of people with disabilities are fully and accurately captured 
in the data collections (Livermore et al, 2011). Improved questionnaire 
designs and innovative data collection strategies can facilitate the 
collection of valid and reliable disability data (National Research 
Council, 2009). Research on the benefits and drawbacks of various 
methodological approaches to the collection and analysis of disability 
data can improve the quality and consistency of that data and increase 
confidence in disability research findings (Burkhauser, Houtenville, 
and Tennant, 2012).
    Over the course of the last five years, new sources of disability 
data have become available. While inconsistencies in the 
conceptualization and measurement of disability persist (National 
Research Council, 2009), Federal agencies are making progress in 
improving the scope and quality of the disability-related data that 
they are collecting (Livermore et al., 2011). For example, a standard 
six-question measure to identify the disability status of survey 
respondents is being used in a growing number of Federal surveys. The 
use of this measure in a variety of national data collection efforts 
has the potential to lead to new detailed data about the lives and 
experiences of individuals with disabilities--including data about 
employment status, housing, transportation, education, health status, 
and health care access. For example, this six-question measure was 
recently selected by the U.S. Department of Health and Human Services 
to meet the Affordable Care Act's requirement for collecting standard 
disability data in all national population health surveys (U.S. 
Department of Health and Human Services, Office of Minority Health, 
2012).
    Policymakers continue to cite the need for statistical information 
about the indirect and direct costs of disability, health disparities, 
individuals with disabilities living in institutional settings, and 
unmet needs for services or technologies to facilitate environmental 
access and to enhance community living (U.S. Department of Health and 
Human Services, Office of Disease Prevention and Health Promotion, 
2012; National Council on Disability, 2008). Through analysis, 
compilation, and dissemination of disability data from national surveys 
and administrative sources, the RRTC will continue to inform the 
development of evidence-based disability policy and programs.
    References:

Burkhauser, R., Houtenville, A., and Tennant, J. (2012). Capturing 
the elusive working-age population with disabilities: Reconciling 
conflicting social success estimates from the current population 
survey and the American community survey. Journal of Disability 
Policy Studies. Available From: http://dps.sagepub.com/content/early/2012/05/30/1044207312446226
Livermore, G., Whalen, D. Prenovitz, S., Aggarwal, R., and Bardos, 
M. Disability data in national surveys. Available from: http://aspe.hhs.gov/daltcp/reports/2011/DDNatlSur.shtml
National Council on Disability. (2008). Keeping track: National 
disability status and program performance indicators. Available 
from: www.ncd.gov/publications/2008/April212008
National Research Council. (2009). Improving the measurement of 
late-life disability in population surveys: Beyond ADLs and IADLs, 
summary of a workshop. Gooloo S., Wunderlich, Rapporteur. Committee 
on National Statistics and Committee on

[[Page 12004]]

Population. Division of Behavioral and Social Sciences and 
Education. Washington, DC: The National Academies Press.
U.S. Department of Health and Human Services. Office of Minority 
Health (2012). Final Data Collection Standards for Race, Ethnicity, 
Primary Language, Sex, and Disability Status Required by Section 
4302 of the Affordable Care Act. Available from: http://minorityhealth.hhs.gov/templates/browse.aspx?lvl=2&lvlid=208.
U.S. Department of Health and Human Services. Office of Disease 
Prevention and Health Promotion. (2012). Healthy people 2020: 
Disability and health. Washington, DC. Available from: http://healthypeople.gov/2020/topicsobjectives2020/overview.aspx?topicid=9
    Proposed Priority:
    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for a Rehabilitation Research and 
Training Center (RRTC) on Disability Statistics and Demographics. 
This RRTC must conduct research, knowledge translation, training, 
dissemination, and technical assistance activities to advance the 
use and usefulness of disability statistics and demographic data to 
inform disability policy and the provision of services to 
individuals with disabilities. Under this priority, the RRTC must be 
designed to contribute to the following outcomes:
    (a) National disability data and statistics that are of high 
quality and relevant to improving the lives of individuals with 
disabilities. The RRTC must contribute to this outcome by conducting 
analyses, providing recommendations, and optimizing methodologies 
for conducting surveys of individuals with disabilities, including 
sampling techniques, and methods for appropriately interviewing and 
collecting data from individuals with a wide range of disabilities.
    (b) Timely analyses of high-quality, relevant disability and 
demographic statistics to inform the development of disability 
policies and programs. The RRTC must contribute to this outcome by:
    (i) Producing secondary analyses of national, State, and 
administrative data that address critical program and service needs.
    (ii) Evaluating progress with regard to national goals for 
individuals with disabilities and their families.
    (iii) Providing statistical consultation, including specialized 
analyses, to facilitate the appropriate use of survey and 
administrative data by policymakers, advocates, individuals with 
disabilities, and other stakeholders.
    (c) Improved access to disability statistics and demographic 
information. The RRTC must contribute to this outcome by:
    (i) Serving as a resource on disability statistics and 
demographics for Federal and other government agencies, 
policymakers, consumers, advocates, researchers, and other 
interested parties.
    (ii) Disseminating research findings in clear and useful formats 
to Federal and other government agencies, policymakers, consumers, 
advocates, researchers, and others to enhance planning, 
policymaking, program administration, and delivery of services to 
individuals with disabilities.
    (iii) Developing and disseminating an annual report on 
disability in the United States that includes statistics on current 
status and trends related to the prevalence of disabilities, and 
employment, health, community living, and other outcomes of 
importance in monitoring the well-being of individuals with 
disabilities.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the 
Federal Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application 
of comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority:
    We will announce the final priority in a notice in the Federal 
Register. We will determine the final priority after considering 
responses to this notice and other information available to the 
Department. This notice does not preclude us from proposing 
additional priorities, requirements, definitions, or selection 
criteria, subject to meeting applicable rulemaking requirements.

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

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine 
whether this regulatory action is ``significant'' and, therefore, 
subject to the requirements of the Executive order and subject to 
review by the Office of Management and Budget (OMB). Section 3(f) of 
Executive Order 12866 defines a ``significant regulatory action'' as 
an action likely to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or 
more, or adversely affect a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or 
State, local, or tribal governments or communities in a material way 
(also referred to as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in 
the Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive 
Order 12866.
    We have also reviewed this regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by 
law, Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned 
determination that their benefits justify their costs (recognizing 
that some benefits and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives and taking 
into account--among other things and to the extent practicable--the 
costs of cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, 
rather than the behavior or manner of compliance a regulated entity 
must adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance 
costs that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this proposed priority only upon a reasoned 
determination that its benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected those 
approaches that would maximize net benefits. Based on the analysis 
that follows, the Department believes that these proposed 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, both quantitative and 
qualitative, of this regulatory action. The potential costs are 
those resulting from statutory requirements and those we have

[[Page 12005]]

determined as necessary for administering the Department's programs 
and activities.
    The benefits of the Disability and Rehabilitation Research 
Projects and Centers Program have been well established over the 
years. Projects similar to the RRTCs have been completed 
successfully, and the proposed priorities will generate new 
knowledge through research. The new RRTCs will generate, 
disseminate, and promote the use of new information that would 
improve outcomes for individuals with disabilities in the areas of 
community living and participation, employment, and health and 
function.
    Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue 
SW., room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 
245-7363. If you use a TDD or TTY, call the FRS, toll free, at 1-
800-877-8339.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and 
the Code of Federal Regulations is available via the Federal Digital 
System at: www.gpo.gov/fdsys. At this site you can view this 
document, as well as all other documents of this Department 
published in the Federal Register, in text or Adobe Portable 
Document Format (PDF). To use PDF you must have Adobe Acrobat 
Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents 
published by the Department.

    Dated: February 15, 2013.
Michael Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.

[FR Doc. 2013-03995 Filed 2-20-13; 8:45 am]
BILLING CODE 4000-01-P