[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34897-34901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13851]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Numbers: 84.133E-5; 84.133E-6; 84.133E-7; and 84.133E-8.]


Final Priorities; 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 priorities.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces priorities under the Disability and 
Rehabilitation Research Projects and Centers Program administered by 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, we announce priorities for a Rehabilitation 
Engineering Research Center (RERC) on Rehabilitation Strategies, 
Techniques, and Interventions (Priority 1), Information and 
Communication Technologies Access (Priority 2), Individual Mobility and 
Manipulation (Priority 3), and Physical Access and Transportation 
(Priority 4). The Assistant Secretary may use one or more of these 
priorities 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 these priorities to improve community living and 
participation, health and function, and employment outcomes of 
individuals with disabilities.

DATES: Effective Date: These priorities are effective July 11, 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: 

[[Page 34898]]

    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).

Rehabilitation Engineering Research Centers 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)(A).

    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priorities for this program in 
the Federal Register on March 8, 2013 (78 FR 14947). That notice 
contained background information and our reasons for proposing these 
particular priorities.
    There are differences between the proposed priorities and the final 
priorities as discussed in the Analysis of Comments and Changes 
section.
    Public Comment: In response to our invitation in the notice of 
proposed priorities, 13 parties submitted comments on the proposed 
priorities.
    We group issues according to the priority or priorities to which 
they pertain. 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 generally do 
not address comments that raise concerns not directly related to the 
proposed priorities.
    Analysis of Comments and Changes: An analysis of the comments and 
changes in the priorities since publication of the notice of proposed 
priorities follows.

RERC on Rehabilitation Strategies, Techniques, and Interventions 
(Priority 1)

    Comment: Eight commenters noted that this priority includes 
``communication aids'' as one among many potential topics for research 
and development. Each of these commenters described the need for 
continued research and development on communication enhancement and 
augmentative and alternative communication interventions. These 
commenters noted that additional research is specifically needed to 
develop better measures of outcomes for communication enhancement 
treatments and interventions. These commenters requested that NIDRR 
create a priority for an RERC that is dedicated specifically to 
communication enhancement.
    Discussion: NIDRR acknowledges the importance of communication 
enhancement technologies and augmentative and alternative communication 
interventions. The priority is intended to be broad enough to allow 
applicants to submit proposals for an RERC on communication enhancement 
and augmentative and alternative communication interventions, as well 
as on other important topics. As discussed in NIDRR's Long-Range Plan 
for Fiscal Years 2013-2017 (78 FR 20299) (Plan), NIDRR seeks to 
generate more field-initiated grant opportunities. With the priorities 
established in this notice, we encourage RERC applicants to propose and 
justify research and development across a wide range of potential 
topics in the broad area of rehabilitation strategies, techniques, and 
interventions. As described in our Plan, NIDRR anticipates holding 
grant competitions on a regular basis in this and the three other broad 
rehabilitation engineering areas described in this notice. Through this 
process, NIDRR aims to increase competition for RERC grants and to draw 
upon the field's expertise, knowledge, and creativity to optimize the 
quality and relevance of the rehabilitation engineering research and 
development that NIDRR funds.
    Changes: None.

RERC on Information and Communication Technologies (Priority 2)

    Comment: Two commenters noted that this priority focuses primarily 
on the accessibility of information and communication technologies 
(ICT) and suggested that the title of this priority reflect this focus 
on access.
    Discussion: NIDRR agrees that the title of this priority should be 
changed to reflect that the priority's focus on ICT accessibility.
    Changes: NIDRR has revised the title of this priority to ``RERC on 
Information and Communication Technologies Access.''

RERC on Individual Mobility and Manipulation (Priority 3)

    Comment: One commenter suggested that this priority focus on the 
engineering of low-cost, high-quality products that enhance the ability 
of individuals with disabilities to perform activities of daily living 
and to be more independent. The commenter suggested that the products 
generated by the RERC be adjustable, lightweight, durable, user-
friendly, and low maintenance.
    Discussion: NIDRR generally agrees with the comments about the 
importance of developing products that are adjustable, lightweight, 
durable, user-friendly, and low maintenance. At the same time, we 
recognize that achieving all of these qualities may not be feasible, 
depending on the intended use of the product and its target population 
or on the stage of research and development in a particular 
rehabilitation engineering subfield. Nothing in the priority precludes 
applicants from proposing research and development projects that focus 
on the design qualities identified by the commenter. However, we do not 
want to discourage important, innovative, or new research and 
development activities by requiring these design qualities in each of 
the products to be developed by this RERC. The peer review process will 
determine the merits of each proposal.
    Changes: None.

RERC on Physical Access and Transportation (Priority 4)

    NIDRR did not receive comments on this priority.

[[Page 34899]]

Comments Applicable to All Four Priorities

    Comment: Two commenters suggested that NIDRR require applicants 
under each of the priorities to address the ``stages of research'' and 
the ``stages of development'' that are described in NIDRR's Plan.
    Discussion: RERC grantees conduct both research and development 
projects. As discussed in the Plan, NIDRR is working with stakeholders 
to develop ``stages of development'' comparable to its ``stages of 
research'' for use by applicants and grantees. Because research and 
development tend to be interwoven in the RERCs program, we believe it 
would be premature to require applicants to identify their stages of 
research until we have developed the stages of development and 
clarified the interaction between the two. Once NIDRR completes this 
process, we anticipate requiring identification of stages of research 
and stages of development in RERC grant applications.
    Changes: None.

Final Priorities

    Priority 1--RERC on Rehabilitation Strategies, Techniques, and 
Interventions.
    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will result in new or 
improved products, devices, and technological advances that are 
integrated into rehabilitation services in clinical or community 
settings. The RERC must be designed to improve outcomes of individuals 
with disabilities in one or more of the following domains: Employment, 
community living and participation, or health and function. Research 
and development topics under this priority may include but are not 
limited to: Virtual reality; therapy robots; telerehabilitation; 
recreational technology; health-related products and equipment; and 
cognitive, sensory, and communication aids.
    Proposed Priority 2--RERC on Information and Communication 
Technologies Access.
    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will optimize accessibility 
and usability of one or more of the following: Telecommunications 
products; wireless technologies; technology interfaces; computer 
systems; software; and networks for individuals with disabilities. The 
RERC must be designed to improve outcomes of individuals with 
disabilities in one or more of the following domains: Employment, 
community living and participation, or health and function. Research 
and development topics under this priority may include but are not 
limited to: Telecommunication access in emergency situations; 
interoperability between current and next-generation telecommunication 
access; access to and use of wireless technologies; universal design 
approaches in future generations of wireless technologies; and 
accessibility of information technologies and electronic products by 
people with disabilities.
    Proposed Priority 3--RERC on Individual Mobility and Manipulation.
    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will result in new or 
improved products, devices, or technological advances that allow 
individuals with disabilities to be more mobile and to manipulate their 
environments more efficiently and effectively. The RERC must be 
designed to improve outcomes of individuals with disabilities in one or 
more of the following domains: Employment, community living and 
participation, or health and function. Research and development topics 
under this priority may include but are not limited to: Equipment for 
personal mobility; assistive technology for manipulation; and 
prosthetics and orthotics.
    Proposed Priority 4--RERC on Physical Access and Transportation.
    Under this priority, the RERC must research, develop, and evaluate 
innovative technologies and strategies that will result in one or more 
of the following: The continued promotion of universal design and the 
planning of accessible buildings, homes, parks, neighborhoods, and 
cities, or the accessibility and safety of transportation options. The 
RERC must be designed to improve outcomes of individuals with 
disabilities in one or more of the following domains: Employment, 
community living and participation, or health and function. Research 
and development topics under this priority may include but are not 
limited to: Design and modification of the built environment; and the 
accessibility, safety, affordability, and independent use of 
transportation options (including public transportation, commercial 
transportation, and personal vehicles).

Requirements Applicable to All Four Proposed Priorities

    Under each priority, the RERC must be designed to contribute to the 
following outcomes:
    (1) Increased technical and scientific knowledge relevant to its 
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 research area. The RERC must contribute to this outcome through 
the development and testing of these innovations.
    (3) Improved research capacity in its 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 its research area. The RERC must contribute to this 
outcome by emphasizing the principles of universal design in its 
product research and development. For this purpose, ``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 research area. The RERC must 
contribute to this outcome by identifying and communicating with 
relevant stakeholders, including NIDRR, individuals with disabilities, 
their representatives, disability organizations, service providers, 
professional journals, manufacturers, and other interested parties 
regarding trends and evolving product concepts related to its research 
area.
    (6) Increased dissemination of research in the 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 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.

[[Page 34900]]

    In addition, under each 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)).
    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 one or more of these priorities, 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 these final priorities only on a reasoned 
determination that their benefits justify their 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 RERCs have been completed successfully. 
Establishing new RERCs based on the final priorities will generate new 
knowledge through research and development and improve the lives of 
individuals with disabilities. The new RERCs will provide support and 
assistance for NIDRR grantees as they generate, disseminate, and 
promote the use of new information that will

[[Page 34901]]

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) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    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: June 6, 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. 2013-13851 Filed 6-10-13; 8:45 am]
BILLING CODE 4000-01-P