[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Proposed Rules]
[Pages 14947-14951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05490]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III


Proposed Priorities--National Institute on Disability and 
Rehabilitation Research--Disability and Rehabilitation Research 
Projects and Centers Program--Rehabilitation Engineering Research 
Centers

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

ACTION: Proposed priorities.

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[CFDA Numbers: 84.133E-5, 84.133E-6, 84.133E-7, and 84.133E-8.]

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes four priorities 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 Engineering Research Center (RERC) on each of: 
Rehabilitation Strategies, Techniques, and Interventions (priority 1); 
Information and Communication Technologies (priority 2); Individual 
Mobility and Manipulation (priority 3); and Physical Access and 
Transportation (priority 4). The Assistant Secretary may use one or 
more of these priorities 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 priorities to improve rehabilitation 
services and outcomes for individuals with disabilities.

DATES: We must receive your comments on or before April 8, 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 Priorities 
for RERCs'' and the priority title 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 priorities is in 
concert with NIDRR's 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 four priorities, each of which NIDRR intends 
to use for one or more RERC competitions in FY 2013 and possibly in 
later years. However, nothing precludes NIDRR from publishing 
additional priorities, if needed. Furthermore, NIDRR is under no 
obligation to make an award using these priorities. 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 priorities, 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 these 
proposed priorities. 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 5140, 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 Engineering Research Centers (RERCs) Program

    The purpose of NIDRR's RERCs program, which is funded through the 
Disability and Rehabilitation Research Projects and Centers Program, is 
to improve the effectiveness of services authorized under the 
Rehabilitation Act. It does so by conducting advanced engineering 
research, developing and evaluating innovative technologies, 
facilitating service delivery system changes, stimulating the 
production and distribution of new technologies and equipment in the 
private sector, and providing training opportunities. 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 RERCs 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).


[[Page 14948]]


    Applicable Program Regulations: 34 CFR part 350.

Proposed Priorities

    This notice contains four proposed priorities. These include a 
priority for a RERC on ech of: Rehabilitation Strategies, Techniques, 
and Interventions (priority 1); Information and Communication 
Technologies (priority 2); Individual Mobility and Manipulation 
(priority 3); and Physical Access and Transportation (priority 4).

Background

    NIDRR's mission is to generate new knowledge and promote its 
effective use to improve the abilities of people with disabilities to 
perform activities of their choice in the community, and also to expand 
society's capacity to provide full opportunities and accommodations for 
its citizens with disabilities (NIDRR Long-Range Plan, 2006). In 
support of this mission, NIDRR sponsors RERCs to address the barriers 
confronted by individuals with disabilities in all aspects of their 
lives.
    NIDRR-sponsored RERCs engage in the systematic application of 
engineering sciences to design, develop, adapt, test, evaluate, apply, 
and distribute technological solutions to problems confronted by 
individuals with disabilities in functional areas, such as mobility, 
communications, hearing, vision, and cognition, and in activities 
associated with employment, independent living, education, and 
integration into the community (Rehabilitation Act of 1973). RERCs may 
focus their efforts at the individual level, for example, to develop 
assistive technology devices that enhance the physical, sensory, and 
cognitive abilities of individuals with disabilities. RERCs may also 
focus on the systems level, for example, by mitigating or eliminating 
barriers found in large social systems such as public transportation, 
telecommunications, information technology, and the built environment. 
RERCs conduct research and development that leads to the transfer of 
technology into commercialized or non-commercialized products that can 
be readily accessed and used to improve the lives of individuals with 
disabilities.
    NIDRR seeks to establish RERCs that will address topics in four 
broad areas of rehabilitation engineering. These four areas, outlined 
in NIDRR's proposed Long-Range Plan for 2013-2017 (NIDRR Long-Range 
Plan, 2013), include: (1) Rehabilitation strategies, techniques, and 
interventions; (2) information and communication technologies; (3) 
individual mobility and manipulation; and (4) physical access and 
transportation. By holding field-initiated RERC grant competitions in 
these four broad areas, we aim to increase competition for NIDRR's RERC 
grants, and draw upon the field's expertise, knowledge, and creativity 
to optimize the quality and relevance of the rehabilitation engineering 
grants that we fund.
    In the area of rehabilitation strategies, techniques, and 
interventions (priority 1), NIDRR seeks to fund research and 
development that leads to rehabilitation practices and services that 
improve the health, and the physical, cognitive, sensory, and 
communication abilities, of individuals with a wide range of disabling 
conditions. Rehabilitation engineering in this area should result in 
new or improved products, devices, and technological advances that 
enhance rehabilitation services in clinical or community settings. In 
this broad area, NIDRR has previously funded RERCs on successful aging, 
low vision and blindness, hearing enhancement, communication 
enhancement, cognitive technologies, recreational technologies, 
rehabilitation robotics, and telerehabilitation, among others.
    In the area of information and communication technologies (priority 
2), NIDRR seeks to fund research and development that reduces the 
digital divide between people with and without disabilities (Vicente & 
Lopez, 2010). Rehabilitation engineering in this area should optimize 
accessibility and usability of telecommunications products, wireless 
technologies, technology interfaces, computer systems, software, and 
networks for individuals with disabilities. In this broad area, NIDRR 
has previously funded RERCs on universal interface and information 
technology access, wireless technologies, and telecommunications 
access, among others.
    In the area of individual mobility and manipulation (priority 3), 
NIDRR seeks to fund research and development to enhance mobility, 
physical movement, and manipulation of the environment, and to 
accommodate limitations in manual dexterity among individuals with a 
variety of disabling conditions. Rehabilitation engineering in this 
area should result in new or improved products, devices, or 
technological advances to allow individuals with disabilities to be 
more mobile and to manipulate their environments more easily and 
effectively, increasing the independence of individuals with 
disabilities and allowing them to participate fully in their 
communities. In this broad area, NIDRR has previously funded RERCs on 
prosthetics and orthotics, wheeled mobility, and children with 
orthopedic disabilities, among others.
    In the area of physical access and transportation (priority 4), 
NIDRR seeks to fund research and development that leads to greater 
accessibility of the built environment and better access to safe and 
accessible transportation options for individuals with disabilities. 
There is a need for more accessibility in commercial and private 
facilities, outdoor environments, and housing to increase independence 
and promote community integration for individuals with disabilities. In 
addition, easy-to-use, safe, and accessible transportation systems 
allow individuals with disabilities to move around, and participate 
more fully, in their communities and neighborhoods. Rehabilitation 
engineering in this area should result in the continued promotion of 
universal design and the planning of accessible buildings, parks, 
neighborhoods, transportation options, and cities. In this broad area, 
NIDRR has previously funded RERCs on accessible medical 
instrumentation, workplace accommodations, universal design in the 
built environment, accessible public transportation, and wheelchair 
transportation safety, among others.

References

NIDRR (2006). Notice of Final Long-Range Plan. 71 FR 8165. Available 
at: www.ed.gov/about/offices/list/osers/nidrr/policy.html.
NIDRR (2013). Notice of Proposed Long-Range Plan. 77 FR 23231. 
Available at: www.gpo.gov/fdsys/pkg/FR-2012-04-18/html/2012-9365.htm.
Rehabilitation Act of 1973, PL 93-112.
Vicente, M. R., & Lopez, A. J. (2010). A multidimensional analysis 
of the disability digital divide: Some evidence for Internet use. 
The Information Society, 26(1), 48-64.

Proposed Priorities

    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes the following priorities for the establishment of a 
Rehabilitation Engineering Research Center (RERC) on each of: (1) 
Rehabilitation Strategies, Techniques, and Interventions; (2) 
Information and Communication Technologies; (3) Individual Mobility and 
Manipulation; and (4) Physical Access and Transportation. Each RERC 
will focus on innovative technological solutions, new knowledge, and 
concepts that will improve the lives of individuals with disabilities.

[[Page 14949]]

Proposed Priority 1--RERC on Rehabilitation Strategies, Techniques, and 
Interventions

    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will result in new or 
improved products, devices, and technological advances that are 
integrated into rehabilitation services in clinical or community 
settings. The RERC must be designed to improve outcomes of individuals 
with disabilities in one or more of the following domains: Employment, 
community living and participation, or health and function. Research 
and development topics under this priority may include but are not 
limited to: Virtual reality; therapy robots; telerehabilitation; 
recreational technology; health-related products and equipment; and 
cognitive, sensory, and communication aids.

Proposed Priority 2--RERC on Information and Communication Technologies

    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will optimize accessibility 
and usability of one or more of the following: Telecommunications 
products, wireless technologies, technology interfaces, computer 
systems, software, and networks for individuals with disabilities. The 
RERC must be designed to improve outcomes of individuals with 
disabilities in one or more of the following domains: Employment, 
community living and participation, or health and function. Research 
and development topics under this priority may include but are not 
limited to: Telecommunication access in emergency situations; 
interoperability between current and next generation telecommunication 
access; access to and use of wireless technologies; universal design 
approaches in future generations of wireless technologies; and 
accessibility of information technologies and electronic products by 
people with disabilities.

Proposed Priority 3--RERC on Individual Mobility and Manipulation

    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will result in new or 
improved products, devices, or technological advances that allow 
individuals with disabilities to be more mobile and to manipulate their 
environments more efficiently and effectively. The RERC must be 
designed to improve outcomes of individuals with disabilities in one or 
more of the following domains: Employment, community living and 
participation, or health and function. Research and development topics 
under this priority may include but are not limited to: Equipment for 
personal mobility; assistive technology for manipulation; and 
prosthetics and orthotics.

Proposed Priority 4--RERC on Physical Access and Transportation

    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will result in one or more 
of the following: The continued promotion of universal design and the 
planning of accessible buildings, homes, parks, neighborhoods, and 
cities, or the accessibility and safety of transportation options. The 
RERC must be designed to improve outcomes of individuals with 
disabilities in one or more of the following domains: Employment, 
community living and participation, or health and function. Research 
and development topics under this priority may include but are not 
limited to: Design and modification of the built environment; and the 
accessibility, safety, affordability and independent use of 
transportation options (including public transportation, commercial 
transportation, and personal vehicles).

Requirements Applicable to All Four Proposed Priorities

    Under each priority, the RERC must be designed to contribute to the 
following outcomes:
    (1) Increased technical and scientific knowledge relevant to its 
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 research area. The RERC must contribute to this outcome through 
the development and testing of these innovations.
    (3) Improved research capacity in its 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 its research area. The RERC must contribute to this 
outcome by emphasizing the principles of universal design in its 
product research and development. For this purpose, ``universal 
design'' means 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 research area. The RERC must 
contribute to this outcome by identifying and communicating with 
relevant stakeholders, including NIDRR, individuals with disabilities, 
their representatives, disability organizations, service providers, 
professional journals, manufacturers, and other interested parties 
regarding trends and evolving product concepts related to its research 
area.
    (6) Increased dissemination of research in the 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 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

[[Page 14950]]

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)).

Final Priorities

    We will announce the final priorities in a notice in the Federal 
Register. We will determine the final priorities 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 proposed 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 these proposed priorities only upon a reasoned 
determination that their benefits would justify their 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 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 RERCs have been completed successfully, and the new 
RERCs, established consistently with the proposed priorities, are 
expected to improve the lives of individuals with disabilities and 
generate through research and development, disseminate, and promote the 
use of new information that would improve the 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

[[Page 14951]]

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 5, 2013.
Michael Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2013-05490 Filed 3-7-13; 8:45 am]
BILLING CODE 4000-01-P