[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Proposed Rules]
[Pages 22817-22820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09043]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133E-4.]


Proposed Priority--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 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 Engineering Research Center (RERC) on Universal 
Interfaces and Information Technology Access. 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 to use this priority to improve 
rehabilitation services and outcomes for individuals with disabilities.

DATES: We must receive your comments on or before May 17, 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 priority is in 
concert with NIDRR's Long-Range Plan (Plan). The Plan, which was 
published in the Federal Register on April 4, 2013 (78 FR 20299), 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 an 
RERC competition 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 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,

[[Page 22818]]

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).

    Applicable Program Regulations: 34 CFR part 350.

Proposed Priority

    This notice contains one proposed priority.

Universal Interfaces and Information Technology Access

Background

    In a society in which activities of daily life and community 
participation increasingly require information technology (IT) access 
and use, the inability to interface effectively with IT can be a 
substantial source of isolation and deprivation for individuals with 
disabilities (Emiliani, Stephanidis, & Vanderheiden, 2011). IT refers 
to the broad set of technologies employed to develop, maintain, and use 
computer systems, software, and networks in order to acquire, process, 
and distribute information electronically. IT interfaces are the 
connections between computer systems, software, and networks and other 
related devices with human users. Individuals with disabilities who 
lack access to, or are unable to interact effectively with, IT systems 
are severely limited in opportunities to participate in education, 
employment, social, civic, and commercial aspects of daily life 
(National Council on Disability, 2006; Emiliani, Stephanidis, & 
Vanderheiden, 2011).
    Individuals with disabilities face accessibility barriers when they 
use IT and IT interfaces. Many people are unable to see, hear, 
manipulate, understand, or read electronic interfaces in their standard 
formats and presentations (National Council on Disability, 2006; 
Vicente & Lopez, 2010). For many individuals with disabilities, as well 
as for the schools, employers, and libraries that might provide 
accessible IT solutions, the options available to address accessibility 
barriers are too complicated and expensive (National Council on 
Disability, 2006; Vanderheiden, 2008). Moreover, while accessible 
technology vendors once needed to provide access to just one or two 
computing platforms, a multitude of platforms now exists (Windows, Mac, 
Linux, Android, etc.). In addition, users face the challenge of working 
with an increasing number of devices with different and often confusing 
IT interfaces designed with features that optimize mobility, such as 
small screens, that may not be compatible with accessibility solutions 
formerly developed for personal computers. These devices include 
telephones, tablets, and e-book readers. The rapid development and 
deployment of IT innovations further complicate access.
    The rapid development of technology and computing platforms 
threatens to expand the digital divide (the gap between those that have 
access to IT and those who do not) (Vicente & Lopez, 2010). Future 
advances in accessibility of the Internet and computer systems are 
necessary so we, as a society, do not exclude individuals with 
disabilities from the information that they need to be engaged in the 
workforce and be fully informed and active citizens. One emerging 
opportunity in this area is the use of cloud computing applications 
that allow for personalized accessible interfaces for individuals with 
disabilities. Such interfaces may be accessed from any computer, 
providing the possibility of much greater choice and independence for 
individuals with disabilities. These interfaces make it easier for 
products to comply with widely accepted standards and guidelines for 
accessibility, such as those implementing Section 508 of the 
Rehabilitation Act (U.S. Access Board, 2008), the Web Content 
Accessibility Guidelines of the Web Accessibility Initiative (World 
Wide Web Consortium, 2008), and the principles of universal design 
(Center for Universal Design, 1997). By making personalized accessible 
interfaces available for mainstream IT products, people with 
disabilities get the benefit of lower cost and greater consumer choice, 
as compared to having to use products developed only for the use of 
people with disabilities. Accordingly, NIDRR seeks to fund an RERC that 
enhances the usability and effectiveness of current and emerging IT 
devices and their interfaces so that they are accessible to individuals 
with various disabilities.

References

    Center for Universal Design (1997). The Principles of Universal 
Design. Retrieved from: http://www.ncsu.edu/www/ncsu/design/sod5/cud/about_ud/udprinciplestext.htm.
    Emiliani, P.L., Stephanidis, C., & Vanderheiden, G. (2011). 
Technology and inclusion--Past, present and foreseeable future. 
Technology and Disability 23(3), 101-114.
    National Council on Disability. (2006). Over the horizon: 
Potential impact of emerging trends in information and communication 
technology on disability policy and practice. Washington, DC.
    U.S. Access Board (n.d.)Section 508 Homepage: Electronic and 
Information Technology. Retrieved from: http://www.access-board.gov/508.htm.
    Vanderheiden, G. C. (2008). Ubiquitous accessibility, common 
technology core, and micro assistive technology. ACM Transactions in 
Accessible Computing 1(2), 10.1-7.
    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.
    World Wide Web Consortium (2008). Web Content Accessibility 
Guidelines (WCAG) 2.0. Retrieved from: http://www.w3.org/TR/WCAG20/.

Proposed Priority

    Under this priority, the RERC must research, develop, and evaluate 
innovative solutions to the problem of inaccessibility of current and 
emerging information technologies and technology interfaces for 
individuals with disabilities. These solutions may include cloud 
computing applications that allow for personalized accessible 
interfaces. The RERC must focus its research and development activities 
on

[[Page 22819]]

promoting access for individuals with disabilities to the multiple 
technologies used in the home, the community, and the workplace. The 
RERC must research, develop, and evaluate built-in accessibility and 
flexibility features in interfaces of mainstream products. The 
technical approaches developed by the RERC must have the following 
characteristics: (i) They must make it possible for people with 
disabilities to access and use the same mainstream IT products as 
consumers generally, to the greatest extent achievable, rather than 
requiring people with disabilities to use specialized products; (ii) 
They must support access and use by people with the widest achievable 
range of disabilities, rather than being limited only to particular 
disability groups; (iii) They must provide as much as possible a 
consistent user interface, when applied to different products; (iv) 
They must be designed to be extensible, so as to be applicable to new 
IT products as they emerge; and (v) They must be developed along with 
methods that would enable developers of IT products to incorporate the 
new approaches into IT products at reasonable cost. In addition, this 
RERC must research, develop, and evaluate simple and inexpensive ways 
to activate and control IT access features for use by individuals with 
disabilities. This RERC must work collaboratively with the RERC on 
Telecommunication Access and the RERC on Mobile Wireless Technologies.

General RERC Requirements

    Under this priority, the RERC must be designed to contribute to the 
following outcomes:
    (1) Increased technical and scientific knowledge relevant to its 
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 priority research area. The RERC must contribute to this outcome 
through the development and testing of these innovations.
    (3) Improved research capacity in its 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 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'' 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 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 priority research area.
    (6) Increased dissemination of research in the 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 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 this 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)).

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

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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 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, 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. Establishing new RERCs based on the 
proposed priority would generate new knowledge through research and 
development and improve the lives of individuals with disabilities. The 
new RERCs would generate, disseminate, and promote the use of new 
information that would improve the options for individuals with 
disabilities to fully participate in their communities.
    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: April 12, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-09043 Filed 4-16-13; 8:45 am]
BILLING CODE 4000-01-P