[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22783-22785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09060]



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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133A-8]


Final Priority; National Institute on Disability and 
Rehabilitation Research--Disability and Rehabilitation Research 
Projects and Centers Program--Disability Rehabilitation Research 
Project

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

ACTION: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for a Disability 
Rehabilitation Research Project (DRRP) on Knowledge Translation for 
Technology Transfer 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 a competition 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 outcomes for 
individuals with disabilities.

DATES: Effective Date: This priority is effective May 17, 2013.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5133, Potomac Center Plaza 
(PCP), Washington, DC 20202-2700. 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:

Purpose of Program

    This notice of final 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 the 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 announces a priority that NIDRR intends to use for a 
DRRP competition 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.
    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).
    The purpose of DRRPs, which are under NIDRR's Disability and 
Rehabilitation Research Projects and Centers Program, is to improve the 
effectiveness of services authorized under the Rehabilitation Act of 
1973, as amended, by developing methods, procedures, and rehabilitation 
technologies that advance a wide range of independent living and 
employment outcomes for individuals with disabilities, especially 
individuals with the most severe disabilities. DRRPs carry out one or 
more of the following types of activities, as specified and defined in 
34 CFR 350.13 through 350.19: Research, training, demonstration, 
development, dissemination, utilization, and technical assistance. An 
applicant for assistance under this program must demonstrate in its 
application how it will address, in whole or in part, the needs of 
individuals with disabilities from minority backgrounds (34 CFR 
350.40(a)). The approaches an applicant may take to meet this 
requirement are found in 34 CFR 350.40(b). In addition, NIDRR intends 
to require all DRRP applicants to meet the priority on General DRRP 
Requirements that it published in a notice of final priorities in the 
Federal Register on April 28, 2006 (71 FR 25472).
    Additional information on the DRRP program can be found at: http://www2.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.
    We published a notice of proposed priority for this program in the 
Federal Register on January 15, 2013 (78 FR 2923). That notice 
contained background information and our reasons for proposing the 
particular priority.
    There are no differences between the proposed priority and this 
final priority.
    Public Comment: In response to our invitation in the notice of 
proposed priority, 10 parties submitted comments on the proposed 
priority. Nine of these parties submitted comments that are wholly 
supportive of NIDRR's proposed Center. One commenter submitted 
supportive comments, as well as two specific suggestions for the 
priority.
    Generally, we do not address technical and other minor changes.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the notice of 
proposed priority follows.
    Comment: One commenter suggested that NIDRR explicitly require the 
Center to collaborate with other NIDRR-funded knowledge translation 
grantees.
    Discussion: NIDRR agrees with this suggestion. However, NIDRR plans 
to manage this collaboration through the General Disability and 
Rehabilitation Research Projects (DRRP) Requirements priority. These 
requirements will be provided in the notice inviting applications and 
the application package for this competition. The relevant requirement 
states that all DRRPs must ``Coordinate on research projects of mutual 
interest with relevant NIDRR-funded projects, as identified through 
consultation with the NIDRR project officer.'' After an award is made 
under this priority, the NIDRR Project Officer will work with the 
grantee to identify the appropriate NIDRR-funded projects with which 
the Center must collaborate, including other NIDRR-funded knowledge 
translation grantees.
    Changes: None.
    Comment: One commenter suggested that NIDRR require the Center to 
identify effective approaches that have been used by NIDRR technology 
grantees to bring their products to the marketplace.
    Discussion: NIDRR generally agrees that the identification of 
effective approaches to technology transfer may

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help fulfill the stated outcomes of the priority. However, we have 
purposefully left such prescriptive detail out of the priority so that 
applicants can propose a wide range of activities to meet the outcome 
of improved technology transfer among NIDRR's technology grantees. The 
merits of each application will be determined by the peer review 
process.
    Changes: None.
    FINAL PRIORITY:

DRRP for Center on Knowledge Translation for Technology Transfer

    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for a Disability and Rehabilitation 
Research Project to serve as the Center on Knowledge Translation for 
Technology Transfer (Center). The Center must conduct rigorous 
research, development, technical assistance, dissemination, and 
utilization activities to increase successful technology transfer of 
rehabilitation technology products and devices developed by NIDRR-
funded technology grantees.
    In planning and conducting all activities, the Center must partner 
with relevant stakeholders such as NIDRR's technology grantees, trade 
and professional associations, industry representatives, individuals 
with disabilities, and others.
    Under this priority, the Center must be designed to contribute to 
the following outcomes:
    (a) Increased rate of successful technology transfer of 
rehabilitation technology products developed by NIDRR-funded technology 
grantees to the marketplace, into engineering standards, or into other 
intended applications;
    (b) Increased understanding among rehabilitation engineers and 
others engaged in disability research and development of technology 
transfer processes and practices that lead to successful transfer of 
rehabilitation technology products to the marketplace, into engineering 
standards, or into other intended applications;
    (c) Increased capacity of NIDRR's technology grantees to plan and 
to engage in technology transfer activities.
    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)).
    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 final 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 final 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 final priority only on a reasoned determination 
that its benefits justify its costs. In choosing among alternative 
regulatory approaches, we selected those approaches that 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 does 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

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administering the Department's programs and activities.
    Summary of potential costs and benefits:
    The benefits of the Disability and Rehabilitation Research Projects 
and Centers Programs have been well established over the years in that 
similar projects have been completed successfully. This final priority 
will generate new knowledge through research and development.
    Another benefit of the final priority is that establishing new 
DRRPs will improve the lives of individuals with disabilities. The new 
DRRPs will provide support and assistance for NIDRR grantees as they 
generate, disseminate, and promote the use of new information that will 
improve the options for individuals with disabilities to perform 
regular activities of their choice in the community.
    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: April 12, 2013.
Michael Yudin,
Delegated the authority to perform the functions and duties of 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-09060 Filed 4-16-13; 8:45 am]
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