[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Proposed Rules]
[Pages 14480-14483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05225]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133B-1.]


Proposed Priority--National Institute on Disability and 
Rehabilitation Research--Rehabilitation Research and Training Center on 
Research and Capacity Building for Minority Entities

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 Disability and 
Rehabilitation Research Projects and Centers Program administered by 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, this notice proposes a priority for a 
Rehabilitation Research and Training Center (RRTC) on Research and 
Capacity Building for Minority Entities. 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 this priority to improve employment outcomes 
for individuals with disabilities.

DATES: We must receive your comments on or before April 5, 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 ``Proposed Priority--
RRTC on Research and Capacity Building for Minority Entities'' 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

[[Page 14481]]

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.
    This notice proposes a priority that NIDRR intends to use for RRTC 
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 for 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 notice 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).

RRTC Program

    The purpose of the RRTCs, 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, 
through advanced research, training, technical assistance, and 
dissemination activities in general problem areas, as specified by 
NIDRR. Such 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.
    Statutory and Regulatory Requirements of RRTCs RRTCs must--
     Carry out coordinated advanced programs of rehabilitation 
research;
     Provide training, including graduate, pre-service, and in-
service training, to help rehabilitation personnel more effectively 
provide rehabilitation services to individuals with disabilities;
     Provide technical assistance to individuals with 
disabilities, their representatives, providers, and other interested 
parties;
     Disseminate informational materials to individuals with 
disabilities, their representatives, providers, and other interested 
parties; and
     Serve as centers of national excellence in rehabilitation 
research for individuals with disabilities, their representatives, 
providers, and other interested parties.

    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 Research and Capacity Building for Minority Entities.

Background

    There are approximately 19.6 million people between the ages of 18 
and 64 with a disability in the United States. Among people in the 
United States between the ages of 18 and 64, 10.4 percent of non-
Hispanic Whites, 7.9 percent of Hispanics, and 4 percent of Asians 
reported having a disability in 2011, as compared with 13.6 percent of 
Blacks or African Americans, and 17.1 percent of American Indians or 
Alaskan Natives (Erickson et al., 2012). Not only do some racial and 
ethnic populations experience higher rates of disability than non-
Hispanic Whites, but there are other examples of disparate outcomes in 
various life domains for racial and ethnic populations when compared to 
non-Hispanic Whites. For example, adult Hispanics, American Indians or 
Alaska Natives, and Blacks or African Americans with disabilities are 
significantly more likely to report fair or poor health (55.2 percent, 
50.5 percent, and 46.6 percent, respectively) compared to non-Hispanic 
White and Asian individuals with disabilities (36.9 percent and 24.9 
percent, respectively) (Wolf et al., 2008). Blacks or African Americans 
and Hispanics with disabilities have significantly higher rates of 
unemployment (23.5 percent and 20.3 percent, respectively), relative to 
non-Hispanic White individuals with disabilities (13.7 percent) (Bureau 
of Labor Statistics, 2011).
    The disparities in outcomes provided the basis for section 21 of 
the Rehabilitation Act (29 U.S.C. 718). Section 21 requires NIDRR to 
reserve a portion of its funds each year for certain outreach 
activities, which may include making awards to minority entities and 
Indian tribes to conduct research, training, and technical assistance 
or related activities to improve services for individuals with 
disabilities from traditionally underserved racial and ethnic minority 
populations. The requirements in section 21 are aimed at helping 
individuals with disabilities from minority backgrounds and communities 
overcome the numerous challenges they face. These challenges

[[Page 14482]]

include language barriers; cultural traditions and attitudes about 
disability; limited numbers of professional rehabilitation specialists 
and researchers from minority backgrounds; higher rates of poverty and 
lower rates of formal education; physical, social, and informational 
isolation from mainstream disability and rehabilitation agencies; and 
cultural identity and cross-cultural mistrust, among others (Balcazar 
et al., 2010). The section 21 requirements are aligned with NIDRR's 
commitment to develop new knowledge, interventions, and products that 
lead to improved outcomes for all individuals with disabilities, as 
well as to build the research capacity of entities with close cultural 
and social connections to individuals with disabilities from minority 
backgrounds.
    Minority entities are under-represented in the field of disability 
and rehabilitation research, and, specifically, historically Black 
colleges or universities (HBCUs) are under-represented among NIDRR's 
grantees (Moore et al., 2012). A minority entity, as defined in section 
21 of the Rehabilitation Act (29 U.S.C. 718), is a historically Black 
college or university, a Hispanic-serving institution of higher 
education, an American Indian tribal college or university, or another 
institution of higher education whose minority student enrollment is at 
least 50 percent. Efforts are needed to build the capacity of HBCUs and 
other minority entities to conduct disability and rehabilitation 
research and develop rehabilitation professionals to address the 
ongoing challenges of providing equal opportunity and benefit to 
individuals with disabilities from traditionally underserved minority 
backgrounds and communities (Moore et al., 2012).

References

    Balcazar, F.E., Suarez-Balcazar, Y., Taylor-Ritzler, T., & Keys, 
C. (2010). Race, Culture, and Disability: Rehabilitation, Science, 
and Practice. Sudbury, MA: Jones & Bartlett.
    Bureau of Labor Statistics, U.S. Department of Labor. Persons 
with a Disability: Labor Force Characteristics-2011. Retrieved July 
19, 2012, from: www.bls.gov/news.release/pdf/disabl.pdf.
    Erickson, W., Lee, C., & von Schrader, S. (2012). Disability 
Statistics from the 2010 American Community Survey. Ithaca, NY: 
Cornell University Rehabilitation Research and Training Center on 
Disability Demographics and Statistics. Retrieved July 23, 2012, 
from: www.disabilitystatistics.org.
    Moore, C.L., Johnson, J.E., Manyibe, E.O., Washington, A.L., 
Uchegbu, N., & Eugene-Cross, K. (2012). Barriers to the 
Participation of Historically Black Colleges and Universities in the 
Federal Disability and Rehabilitation Research and Development 
Enterprise: The Researchers' Perspective. Oklahoma City: Department 
of Rehabilitation Counseling and Disability Studies/Langston 
University.
    Wolf, L.A., Armour, B.S., & Campbell, V.A. (2008). Racial/Ethnic 
Disparities in Self-Rated Health Status among Adults with and 
without Disabilities. Retrieved from cdc.gov/mmwr/preview/mmwrhtml/mm5739a1.htm.

Proposed Priority

    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a priority to establish a Rehabilitation Research and 
Training Center (RRTC) on Research and Capacity Building for Minority 
Entities. One purpose of the RRTC is to generate new knowledge about 
the experiences and outcomes of individuals with disabilities from 
racial and ethnic minority backgrounds that can be used as a foundation 
for developing interventions to improve those outcomes. Another purpose 
of the RRTC is to enhance rehabilitation research capacity at minority 
entities, as defined in section 21 of the Rehabilitation Act (29 U.S.C 
718). The RRTC must contribute to these outcomes by:
    (a) Conducting research that examines experiences and outcomes of 
individuals with disabilities from traditionally underserved racial and 
ethnic populations. Applicants must focus their research activities on 
topics that fall under at least one of the following major life domains 
identified in NIDRR's Final Long-Range Plan for FY 2005-2009: (1) 
Employment, (2) Participation and Community Living, or (3) Health and 
Function.
    (b) Conducting research on the feasibility and potential 
effectiveness of methods and models for enhancing disability and 
rehabilitation research capacity and infrastructure at minority 
entities.
    (c) Serving as a national resource center for minority entities 
that are seeking to develop their research infrastructure, and to 
enhance their capacity to engage in disability and rehabilitation 
research. The RRTC must provide technical assistance and training to 
minority entities in order to develop their institutional research 
infrastructure and enhance their capacity to conduct disability and 
rehabilitation research.
    (d) Involving individuals with disabilities from traditionally 
underserved racial and ethnic populations in planning and implementing 
the RRTC's activities and evaluating its work.
    (e) Providing outreach and training that enhances awareness of 
NIDRR and its research programs among minority entities.
    (f) Developing and implementing a strategy for disseminating 
research, training, and technical assistance products developed by the 
RRTC. The RRTC's dissemination strategy must include an online 
information dissemination system that meets a government- or industry-
recognized standard for accessibility by 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

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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 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 issuing this proposed priority only on 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 this proposed priority is 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 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. 
Projects similar to the new RTTC have been completed successfully, and 
the new RTTC, established consistently with this priority, is expected 
to improve the lives of individuals with disabilities from minority 
backgrounds; generate through research and development, disseminate, 
and promote the use of new information that will improve the outcomes 
for individuals with disabilities; and increase the capacity of 
minority entities to conduct disability and rehabilitation research and 
develop rehabilitation professionals.
    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: March 1, 2013.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2013-05225 Filed 3-5-13; 8:45 am]
BILLING CODE 4000-01-P