[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22780-22782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09079]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133E-1]


Final 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: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for a Rehabilitation 
Engineering Research Center (RERC) on Hearing Enhancement 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 
to use 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: 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 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 improve the 
health and functioning, employment and community living and 
participation of individuals with disabilities through comprehensive 
programs of research, engineering, training, technical assistance, and 
knowledge translation and dissemination. The Plan reflects NIDRR's 
commitment to quality, relevance and balance in its programs to ensure 
appropriate attention to all aspects of well-being of individuals with 
disabilities and to all types and degrees of disability, including 
individuals with low incidence and severe disability. This notice 
announces a priority that NIDRR intends to use for an RERC 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.
    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 technologies that maximize the full 
inclusion and integration of individuals with disabilities into 
society, and support the 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,

[[Page 22781]]

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.
    We published a notice of proposed priority (NPP) for this program 
in the Federal Register on January 17, 2013 (78 FR 3864). That notice 
contained background information and our reasons for proposing the 
priority.
    Public Comment: In response to our invitation in the NPP, we did 
not receive any comments on the proposed priority.
    Final Priority:
    Hearing Enhancement.
    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for a Rehabilitation Engineering 
Research Center (RERC) on Hearing Enhancement. The RERC must focus on 
innovative technological solutions, new knowledge, and concepts that 
will improve the lives of individuals with disabilities.
    Under this priority, the RERC must research, develop, and evaluate 
technologies, methods, and systems that will improve the accessibility, 
usability, and performance of hearing enhancement technologies (e.g., 
hearing aids, ear molds, assistive listening devices, and implants) for 
people with hearing loss, including but not limited to people with 
untreated hearing loss. This includes: (a) Addressing technological 
factors that prevent or reduce adoption of and benefit from hearing 
enhancement devices (e.g., hearing aid and implant design features, ear 
mold fit and comfort, and assistive listening devices and technologies 
for group settings); (b) improving the compatibility of hearing 
enhancement technologies with technologies such as cell phones, mobile 
devices, television, and the Internet; (c) improving the performance of 
hearing enhancement devices in social environments (e.g., school, work, 
recreation, and entertainment); and (d) enhancing aural rehabilitation 
and consumer involvement strategies (e.g., online access to peer and 
expert input on hearing technologies and communication strategies; 
consumer focus groups and surveys; and consumer beta testing and review 
of products) to maximize hearing enhancement in real-life settings. The 
RERC must involve key stakeholders (including but not limited to people 
with hearing loss) in the design and implementation of RERC activities.
    Requirements applicable to all RERC priorities:
    The RERC must be designed to contribute to the following outcomes:
    (1) Increased technical and scientific knowledge relevant to its 
designated 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 designated priority research area. The RERC must contribute to 
this outcome through the development and testing of these innovations.
    (3) Improved research capacity in its designated 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 designated 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'' refers to 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 designated 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 designated priority research area.
    (6) Increased impact of research in the designated 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 designated 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, 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

[[Page 22782]]

(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 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 upon 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 proposed priority 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 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 final priority have been 
completed successfully. Establishing new RERCs based on the final 
priority will generate new knowledge through research and development 
and improve the lives of individuals with disabilities. The new RERCs 
will generate, disseminate, and promote the use of new information that 
will improve the options for individuals with disabilities to fully 
participate in their communities.
    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 the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-09079 Filed 4-16-13; 8:45 am]
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