[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Proposed Rules]
[Pages 18933-18935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07260]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133P-1.]


Proposed Priority--National Institute on Disability and 
Rehabilitation Research--Advanced Rehabilitation Research Training 
Program

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 Advanced 
Rehabilitation Research Training (ARRT) program under the Disability 
and Rehabilitation Research Projects and Centers Program administered 
by the National Institute on Disability and Rehabilitation Research 
(NIDRR). The Assistant Secretary may use this priority for competitions 
in fiscal year (FY) 2013 and later years. We take this action to ensure 
that NIDRR's resources are appropriately allocated across the three 
outcome domains of individual well-being--community living and 
participation, employment, and health and function. We intend this 
priority to strengthen the capacity of the disability and 
rehabilitation field to train qualified individuals, including 
individuals with disabilities, to conduct high-quality, advanced 
multidisciplinary rehabilitation research; and through this training 
contribute to improved outcomes for individuals with disabilities 
across the domains of community living and participation, employment, 
and health and function.

DATES: We must receive your comments on or before April 29, 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

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for ARRT Projects'' 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 Long-Range Plan (Plan). The currently approved 
Plan, which was published in the Federal Register on February 15, 2006 
(71 FR 8166), can be accessed on the Internet at the following site: 
www2.ed.gov/legislation/FedRegister/other/2006-1/021506d.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 new priority that NIDRR intends to use 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 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).
    Advanced Rehabilitation Research Training:
    The purpose of NIDRR's ARRT program, which is funded through the 
Disability and Rehabilitation Research Projects and Centers Program, is 
to provide advanced research training and experience to individuals 
with doctorates, or similar advanced degrees, who have clinical or 
other relevant experience. ARRT projects train rehabilitation 
researchers, including researchers with disabilities, with particular 
attention to research areas that support the implementation and 
objectives of the Rehabilitation Act, and that improve the 
effectiveness of services authorized under the Rehabilitation Act.
    Additional information on the ARRT program can be found at: 
www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.
    Program Authority: 29 U.S.C. 762(g) and 764(a).
    Applicable Program Regulations: 34 CFR part 350.
    Proposed Priority: This notice contains one proposed priority.
    Advanced Rehabilitation Research Training Program.
    Background: NIDRR's mission is to support the generation of new 
knowledge and promote its effective use to improve the abilities of 
individuals with disabilities to participate in community activities of 
their choice and to enhance society's capacity to provide full 
opportunities and accommodations for these individuals. NIDRR research 
focuses on major life domains as identified in NIDRR's Final Long-Range 
Plan for FY 2005-2009 (Federal Register, 2006): (1) Employment, (2) 
Participation and Community Living, and (3) Health and Function. To 
help ensure that rehabilitation researchers receive advanced research 
training and experience consistent with the outcome areas identified in 
NIDRR's Long-Range Plan, NIDRR is proposing priorities under the ARRT 
program for the Plan's major life domains.
    References: National Institute on Disability and Rehabilitation 
Research (2006). Notice of Final Long-Range Plan for Fiscal Years 2005-
2009. Federal Register. Vol. 71, No 31. P 8166-8200.
    Proposed Priority: The Assistant Secretary for Special Education 
and Rehabilitative Services proposes a new priority for the Advanced 
Rehabilitation Research Training (ARRT) program. For FY 2013, and 
potential subsequent years, ARRT projects must provide advanced 
research training to eligible individuals to enhance their capacity to 
conduct high-quality multidisciplinary rehabilitation and disability 
research to improve outcomes for individuals with disabilities in one 
of NIDRR's major domains of individual well-being: (a) Community living 
and participation, (b) employment, or (c) health and function.
    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

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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 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 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 this regulatory action 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, 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 Programs have been well established over the years, as 
projects similar to the one envisioned by the proposed priority have 
been completed successfully. This proposed priority would strengthen 
the capacity of the rehabilitation and disability field to train 
qualified individuals, including individuals with disabilities, to 
conduct high-quality, advanced multidisciplinary research across all of 
NIDRR's major domains of community living and participation, 
employment, and health and function; and thereby contribute to 
advancing knowledge and solving problems encountered by individuals 
with disabilities of all ages.
    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 a 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 25, 2013.
Michael Yudin,
Delegated the authority to Perform the functions and Duties of 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-07260 Filed 3-27-13; 8:45 am]
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