[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Rules and Regulations]
[Pages 26509-26513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10823]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133A-1]


Final Priority; National Institute on Disability and 
Rehabilitation Research--Disability and Rehabilitation Research 
Projects--Inclusive Cloud and Web Computing

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 under the Disability 
Rehabilitation Research Projects and Centers Program administered by 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, this document announces a priority for a 
Disability Rehabilitation Research Project (DRRP) on inclusive cloud 
and Web computing. 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 June 6, 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: 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).

Disability and Rehabilitation Research Projects

    The purpose of NIDRR's DRRPs, which are funded through the 
Disability and Rehabilitation Research Projects and Centers Program, is 
to improve the effectiveness of services authorized under the 
Rehabilitation Act, 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).
    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 2919). That notice 
contained background information and our reasons for proposing the 
particular priority.
    There are differences between the notice of proposed priority and 
this notice of final priority as discussed in the Analysis of Comments 
and Changes section in this notice. In addition, we inadvertently 
stated in the Summary section of the notice of proposed priority, that 
we intend this priority to contribute to improved employment outcomes 
for individuals with disabilities. NIDRR did not intend to convey that 
this priority is focused exclusively on employment outcomes for 
individuals with disabilities. We have corrected the summary statement 
in this notice.
    Public Comment: In response to our invitation in the notice of 
proposed priority, four parties submitted comments.
    Generally, we do not address technical and other minor changes, or 
suggested changes the law does not authorize us to make under the 
applicable statutory authority. In addition, we do not address general 
comments that raised concerns not directly related to the proposed 
priority.
    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 the priority address natural 
language processing and ways to determine how to make Web content and 
interactions easier to understand for individuals with mental 
disabilities. Specifically, the commenter suggested research on: ways 
to assess perceptions of individuals with mental disabilities, the 
effects of technology across multiple life contexts, and understandable 
cloud and Web computing languages.
    Discussion: Determining how to make Web content and interactions 
easier to understand for individuals with mental disabilities is 
consistent with the proposed priority, which requires the DRRP to 
contribute to the development of an inclusive cloud and Web 
infrastructure that incorporates options for disability access within 
its general structure. Nothing in the priority would preclude an 
applicant from proposing research in this area. However, NIDRR

[[Page 26510]]

does not wish to further specify the research and development areas or 
target populations, because we do not want to limit the number and 
breadth of applications submitted under this priority. The peer review 
process will determine the merits of each proposal.
    Change: None.
    Comment: One commenter suggested the priority require the inclusion 
of individuals with disabilities on the teams that develop the cloud 
and Web technologies contemplated by the priority. In this context, the 
commenter also suggested that the proposed teams address authentication 
technology, such as easy-to-understand processes for logging onto the 
Web.
    Discussion: NIDRR agrees that it is important for its grantees to 
include individuals with disabilities in research and development plans 
and activities. The General Disability and Rehabilitation Research 
Projects Requirements priority (71 FR 25472), which we apply to all 
DRRP competitions, requires that DRPPs ``involve individuals with 
disabilities in planning and implementing the DRPP's research, 
training, and dissemination activities, and in evaluating its work.'' 
This requirement allows all applicants the flexibility to propose how 
they will include individuals with disabilities in their activities.
    The specific research and development topic suggested by the 
commenter--authentication technology--is consistent with the proposed 
priority, which requires the DRRP to contribute to the development of 
an inclusive cloud and Web infrastructure that incorporates options for 
disability access within its general structure. The peer review process 
will determine the merits of each proposal.
    Change: None.
    Comment: One commenter suggested that the priority address the 
creation of inclusive, cross-platform, Web-based applications that can 
be modified easily in response to user accessibility issues, as well as 
the development of tools to support testing user interfaces in leisure 
contexts.
    Discussion: The topics suggested by the commenter are generally 
consistent with the priority. The priority requires the DRRP to 
contribute to the development of an inclusive cloud and Web 
infrastructure that incorporates options for disability access within 
its general structure, which would include modifiable options. Further, 
nothing in the priority would preclude an applicant from proposing 
research on user interfaces related to engagement in leisure 
activities. The peer review process will determine the merits of each 
proposal.
    Change: None.
    Comment: One commenter suggested that the priority address 
information management topics, including how to manage user profiles 
and accessibility options over time, as technology evolves. The 
commenter noted that research on information management by individuals 
with disabilities and those in their support circles is needed to 
determine how technology use may influence an individual's sense of 
time management, competence, and connectedness to others.
    Discussion: The topics suggested by the commenter are consistent 
with the proposed priority, which requires the DRRP to contribute to 
the development of an inclusive cloud and Web infrastructure that 
incorporates options for disability access within its general 
structure. Nothing in the priority would preclude an applicant from 
proposing research in these areas. However, NIDRR does not wish to 
further specify the research requirements in the way suggested by the 
commenter because we do not want to limit the number and breadth of 
applications submitted under this priority. The peer review process 
will determine the merits of each proposal.
    Change: None.
    Comment: One commenter suggested that the priority address the 
social impact of individuals with disabilities sharing Web 
accessibility experiences and approaches. The commenter also suggested 
that the priority address research on the relationship between 
inclusive cloud and Web design and self-determination.
    Discussion: NIDRR agrees that the social impact of cloud and Web 
technology is important, particularly as it affects participation and 
social networks. The topics suggested by the commenter may be 
consistent with the priority if they are framed to meet the purpose of 
the priority, which is to contribute to the development of an inclusive 
cloud and Web infrastructure that incorporates options for disability 
access within its general structure. This includes identifying, 
designing, prototyping, and assessing promising methods and systems for 
a cloud and Web infrastructure that addresses the needs of individuals 
with disabilities. For example, Table 1 of the priority includes a 
suggested research question, ``How to enable individuals with 
disabilities to share accessibility experiences and approaches.''
    Change: None.
    Comment: Three commenters stated that the needs of individuals with 
disabilities cannot be addressed with a sole focus on technology and 
that one of the primary factors limiting technology utilization for 
individuals with disabilities is the high poverty rate experienced by 
this population. The commenters noted the prohibitive costs of 
assistive technology required to use the Internet. The commenters 
recommended that the proposed priority be revised to include a focus on 
the relationship between poverty and disability.
    Discussion: NIDRR agrees that poverty affects technology and Web 
utilization by individuals with disabilities, in part because 
individuals with disabilities currently are required to purchase 
separate accessibility software and assistive devices for each device 
they use to access the Web. However, the DRRP on inclusive cloud and 
Web computing is designed specifically to contribute to the development 
of an inclusive cloud and Web infrastructure that incorporates options 
for disability access within its general structure. A more inclusive 
infrastructure may reduce the need for individuals with disabilities to 
purchase separate equipment and thereby reduce the economic burden of 
Web use by individuals with disabilities.
    Nothing in the priority precludes an applicant from proposing 
research questions specific to poverty, as long as the research 
questions are framed to meet the purpose and requirements of the 
priority. However, NIDRR does not wish to further specify the research 
requirements in the way suggested by the commenter because we do not 
want to limit the number and breadth of applications submitted under 
this priority. The peer review process will determine the merits of 
each proposal.
    Change: None.
    Comment: Three commenters stated that the proposed priority focuses 
on the development of technologies and products solely for the benefit 
of individuals with disabilities and recommended a change to make the 
final priority more focused on the development of universally designed 
products.
    Discussion: For purposes of this priority, NIDRR uses the term 
``inclusive cloud and Web infrastructure'' to mean the same thing as a 
``universally designed'' cloud and Web infrastructure. An inclusive 
cloud and Web infrastructure is one that is accessible to a wide range 
of individuals, including individuals with disabilities. Contributions 
to the development of an inclusive cloud and Web infrastructure may 
reduce the need for specialized adaptations or the

[[Page 26511]]

purchase of assistive technology equipment.
    NIDRR would also like to note that the purpose of the DRRP is not 
to develop technologies and products, as suggested by the commenter, 
but to develop methods of, systems for, and technical approaches to 
developing an inclusive cloud and Web infrastructure. The proposed 
priority requires the DRRP to ``identify, design, prototype, and assess 
promising methods and systems for, and technical approaches to 
designing, a cloud and Web infrastructure that addresses the needs of 
individuals with disabilities.'' If the grantee under this priority is 
successful in contributing to the development of a more universally-
designed and inclusive cloud and Web infrastructure, there is likely to 
be a stronger foundation for the further development of universally 
designed products for widespread use, as suggested by the commenter.
    Change: None.
    Comment: Three commenters recommended that the final priority 
require research that is related to the employment of individuals with 
disabilities. The commenters also noted that none of the research 
questions included in Table 1 of the proposed priority addresses 
employment.
    Discussion: NIDRR agrees that employment is a critical outcome for 
the population of individuals with disabilities. We have developed this 
priority because we believe that a more inclusive cloud and Web 
infrastructure is likely to contribute to improved employment outcomes 
for individuals with disabilities. With a more inclusive cloud and Web 
infrastructure, for example, individuals with disabilities are likely 
to have more direct access to the Web without the need for additional 
assistive technologies, thereby creating opportunities to search and 
apply for jobs and engage in work online.
    The priority requires applicants to address at least one of the 
research questions in Table 1 but also allows applicants to focus on 
additional research questions not reflected in Table 1. If applicants 
choose to focus on additional research questions, such as those related 
to employment, they must explain how work on the additional question or 
questions will advance disability access in cloud and Web 
infrastructure design.
    In sum, nothing in the priority precludes an applicant from 
proposing research related to employment, as long as the research 
questions are framed to meet the requirements of the priority. However, 
NIDRR does not wish to further specify the research requirements in the 
way suggested by the commenters because we do not want to limit the 
number and breadth of applications submitted under this priority. The 
peer review process will determine the merits of each proposal.
    Change: None.
    Comment: None.
    Discussion: In the proposed priority, Table 1 is located in the 
background section, which will not be published as part of this notice 
of final priority. Because the contents of Table 1 are integral to the 
priority and its requirements, we are including it in the priority.
    Change: NIDRR has included the text of Table 1 in the text of the 
final priority.
    FINAL PRIORITY:
    DRRP on Inclusive Cloud and Web Computing.
    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for a Disability and Rehabilitation 
Research Project (DRRP) on inclusive cloud and Web computing. The DRRP 
must contribute to the development of an inclusive cloud and Web 
infrastructure that incorporates options for disability access within 
its general structure.
    To contribute to this initiative, the DRRP must--
    (1) Identify, design, prototype, and assess promising methods and 
systems for, and technical approaches to designing, a cloud and Web 
infrastructure that addresses the needs of individuals with 
disabilities. The DRRP must address at least one of the research 
questions outlined in Table 1. Applicants may also choose to address 
additional research questions not reflected in Table 1. In that case, 
the application must fully explain how work on the additional topic or 
topics proposed by the applicant will advance disability access in 
cloud and Web infrastructure design.
    (2) Conduct knowledge translation activities (e.g., training, 
technical assistance, dissemination, collaboration) in order to 
facilitate use of the research results by key stakeholders (e.g., 
individuals with disabilities, computer scientists, other researchers 
and software developers working on accessibility technology, policy 
makers, international partners).
    (3) Demonstrate meaningful involvement by key stakeholder groups 
(e.g., individuals with disabilities, computer scientists, software 
developers and researchers working on accessibility technology, policy 
makers, international partners) in order to maximize the relevance and 
usability of the research conducted under this priority. Involvement 
may include, but is not limited to, participation in a 
multidisciplinary research team, advisory board, focus group, or other 
participatory action research method.

    Table 1--Research Questions of Importance in Developing Inclusive Cloud and Web Computing Infrastructure
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             Research questions                              Possible computer science approaches
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How to make content and interactions easier   Natural language processing.
 to understand for individuals with mental
 disabilities.
How to make it easier for individuals with    Authentication technology.
 disabilities to log on to the Web.
How to change the presentation of             Adaptive user interfaces.
 information on Web pages to respond to
 difficulties encountered by individuals
 with disabilities.
How to manage user profiles and               Federated information management.
 accessibility options over time, as
 technology evolves.
How to make software more easily modifiable   Software architecture.
 to meet individual needs.
How to improve the ability of software tools  Automated user interface testing.
 to identify accessibility problems in
 documents.
How to enable individuals with disabilities   Social computing.
 to share accessibility experiences and
 approaches.
How to incorporate specific accessibility     Software design.
 features (e.g., closed captioning, volume
 control, video description, screen reader
 technology, accessible user interfaces)
 into an inclusive Web infrastructure.
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[[Page 26512]]

    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 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, as 
projects similar to the one envisioned by the final priority have been 
completed successfully. Establishing a new DRRP based on the final 
priority would generate new knowledge through research and development 
and improve the lives of individuals with disabilities. The new DRRP 
would generate, disseminate, and promote the use of new information 
that would 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.


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    Dated: May 1, 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. 2013-10823 Filed 5-6-13; 8:45 am]
BILLING CODE 4000-01-P