[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42868-42871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17273]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133B-11]


Final Priority; National Institute on Disability and 
Rehabilitation Research--Rehabilitation Research and Training 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 the Disability and 
Rehabilitation Research Projects and Centers Program administered by 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, we announce a priority for a Rehabilitation 
Research and Training Center (RRTC) on Community Living Policy. 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 this priority to improve 
outcomes among individuals with disabilities.

DATES: Effective Date: This priority is effective August 19, 2013.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5133, 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).

Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability 
and Rehabilitation Research Projects and Centers Program, is to achieve 
the goals of, and improve the effectiveness of services authorized 
under, the Rehabilitation Act through advanced research, training, 
technical assistance, and dissemination activities in general problem 
areas, as specified by NIDRR. These activities are designed to benefit 
rehabilitation service providers, individuals with disabilities, and 
the family members or other authorized representatives of individuals 
with disabilities. Additional information on the RRTC program can be 
found at: www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.
    Program Authority: 29 U.S.C. 762(g) and 764(b)(2).
    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priority in the Federal Register 
on May 15, 2013 (78 FR 28543). That notice contained background 
information and our reasons for proposing the priority.
    There are differences between the proposed priority and the final 
priority as discussed under Analysis of Comments and Changes.
    Public Comment: In response to our invitation in the notice of 
proposed priority, two parties submitted comments on the proposed 
priority.
    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 proposed 
priority follows.
    Comment: One commenter noted that there are few Federal and State 
efforts to collect data on long-term services and supports for 
individuals with disabilities, relative to data collection efforts that 
focus on acute health care services. In this context, the commenter 
recommended that NIDRR expand paragraph (a) to require the RRTC to work 
with NIDRR and the Administration for Community Living to propose and 
develop new data resources, such as additional measures to be included 
in existing surveys, or to create new data sets and surveys.
    Discussion: NIDRR agrees with the commenter that additional data 
resources are needed in the area of long-

[[Page 42869]]

term services and supports. However, we also recognize that the RRTC 
budget, the limited availability of other Federal and State resources, 
and the grantee's lack of authority to shape government data collection 
practices, are likely to limit the RRTC's ability to propose and 
develop additional data resources. To help move the field toward the 
development of better data resources in this area, NIDRR is modifying 
the priority to require the RRTC to identify gaps in available data and 
informational resources and to recommend strategies to fill these gaps.
    Changes: NIDRR has added a third task to paragraph (a) that 
requires the RRTC to identify gaps in available data and informational 
resources and to identify strategies to fill these gaps.
    Comment: One commenter noted that paragraph (f)(ii) is focused on 
the provision of training to improve services to individuals who are 
aging with long-term physical disabilities, while all other sections of 
the priority state the target population more broadly as individuals 
with disabilities. This commenter recommends modifying the language in 
paragraph (f)(ii) to reflect the broad target population of individuals 
with disabilities. Similarly, a second commenter suggested that the 
priority clearly state that the new RRTC is to address the needs of 
people with disabilities of all ages.
    Discussion: NIDRR agrees with the commenters and intends this RRTC 
to focus broadly on long-term services and supports for individuals 
with disabilities of all ages.
    Changes: NIDRR has modified paragraph (f)(ii) to describe the 
target population more broadly as individuals with disabilities. To 
address the second commenter's point, we have modified the second 
sentence of the priority's opening paragraph to state that the target 
population is individuals with disabilities of all ages.
    Comment: One commenter recommended that NIDRR modify paragraph 
(f)(ii) to specifically mention providers of long-term services and 
supports as targets of training to be provided by the RRTC.
    Discussion: Paragraph (f)(ii) allows applicants to propose training 
to a broad variety of disability service providers, which may include 
providers of long-term services and supports. Nothing in the priority 
precludes applicants from proposing to provide training to providers of 
long-term services and supports. However, we do not want to preclude 
applications from organizations that are not planning to provide 
training to these providers. The peer review process will determine the 
merits of each proposal.
    Changes: None.
    Comment: One commenter recommended that NIDRR require the RRTC to 
include providers of home- and community-based long-term services and 
supports, and advocates for people with disabilities, as integral 
members of the RRTC staff.
    Discussion: Paragraph (c) requires the RRTC to identify and involve 
key stakeholders in its work, including individuals with disabilities 
and their families and service providers. Further, nothing in the 
priority precludes applicants from proposing to include providers of 
home- and community-based long-term services and supports, or 
disability advocates as members of their RRTC staff. However, we do not 
want to preclude applications from organizations that are not planning 
to include these specific stakeholders as part of their proposed staff. 
The peer review process will determine the merits of each proposal.
    Changes: None.
    Comment: As a means of encouraging innovation and competitive 
pricing in the area of community living policy, one commenter suggested 
that the priority incorporate performance-based acquisition principles 
outlined in the May 22, 2007, Office of Management and Budget 
Memorandum for Chief Acquisition Officers and Senior Procurement 
Executives, titled ``Using Performance-Based Acquisition to Meet 
Program Needs--Performance Goals, Guidance, and Training.''
    Discussion: Nothing in the priority precludes applicants from 
proposing to use performance-based acquisition principles in designing 
an approach to this priority. NIDRR does not, however, have a basis for 
requiring that all applicants do this. The peer review process will 
determine the merits of each proposal.
    Change: None.

Final Priority

Background

    This final priority is in concert with NIDRR's Long-Range Plan for 
Fiscal Years 2013-2017 (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 low-
incidence and severe disability.

Priority--RRTC on Community Living Policy

    The Assistant Secretary for Special Education and Rehabilitative 
Services, in collaboration with the Administration on Community Living 
(ACL), establishes a priority for an RRTC on Community Living Policy. 
The RRTC will engage in research, statistical analyses and modeling, 
knowledge translation, development of informational products, and 
dissemination to contribute to increased access to, and improved 
quality of, long-term services and supports (LTSS) for individuals with 
disabilities of all ages. The RRTC's work is intended to inform the 
design, implementation, and continuous improvement of Federal and State 
policies and programs related to LTSS for individuals with 
disabilities. The RRTC will identify and develop information for 
individuals with disabilities and their family members to guide their 
informed choice of community service and support options that best meet 
their needs.
    The RRTC must be designed to contribute to improved community 
living and participation outcomes of individuals with disabilities. The 
RRTC must contribute to these outcomes by:
    (a) Establishing a long-term research plan related to community 
living policy. This plan, once implemented, must contribute relevant 
and high-quality data and information that will serve as an empirical 
foundation for improving community living policies and programs for 
individuals with disabilities. This task includes:
    (i) Developing and prioritizing a list of research questions and 
evaluation topics that, when addressed, will lead to research-based 
information that can be used to improve community living policies, 
programs, and outcomes;
    (ii) Working with NIDRR and ACL to identify relevant data sets and 
informational resources that can be analyzed to address the questions 
and topics in the research plan; and
    (iii) Working with NIDRR and ACL to identify gaps in data and 
information resources that are available to address the questions and 
topics in the research plan and to identify strategies to fill those 
gaps.

[[Page 42870]]

    (b) Conducting research and research syntheses to identify and 
evaluate promising practices that States have used and could adopt as 
part of their State systems for the provision of LTSS. This task 
includes:
    (i) Identifying components of national or State standards for 
``model'' LTSS State systems; and
    (ii) Identifying and assessing methods for monitoring, tracking, 
and evaluating States' LTSS systems.
    (c) Identifying and involving key stakeholders in the research and 
research planning activities conducted under paragraphs (a) and (b) to 
maximize the relevance and usefulness of the research products being 
developed. Stakeholders must include, but are not limited to, 
individuals with disabilities and their families, national, State, and 
local-level policymakers, service providers, and relevant researchers 
in the field of disability and rehabilitation research.
    (d) Identifying, evaluating, and disseminating accessible 
information at the national, State, and provider levels on topics of 
importance to the development and implementation of high-quality 
community living policies and programs. These topics include, but are 
not limited to: Transitions from fee-for-service to integrated/managed 
LTSS systems and associated outcomes and costs; transitions from 
agency-directed to consumer-directed services and associated outcomes 
and costs; costs and benefits of various supports for individuals and 
families, such as care coordination, respite care, and remote 
monitoring; and other topics to be determined in collaboration with key 
stakeholders and NIDRR and ACL representatives.
    (e) Establishing a network of technical assistance providers and 
advocacy entities to assist in synthesizing and disseminating 
information related to implementing high-quality community living 
policies, programs, and practices for individuals with disabilities. 
Network members may include, but are not limited to: The Americans with 
Disabilities Act National Network Regional Centers, the Aging and 
Disability Resource Centers, the Governor's Planning Councils on 
Developmental Disabilities, the Money Follows the Person Technical 
Assistance Center, Client Assistance Programs, and Protection and 
Advocacy Programs.
    (f) Serving as a national resource center related to community 
living policy by:
    (i) Providing information and technical assistance to service 
providers, individuals with disabilities and their representatives, and 
other key stakeholders; and
    (ii) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation providers, rehabilitation research 
personnel, and other disability service providers, to facilitate more 
effective delivery of services to individuals with disabilities. This 
training may be provided through conferences, workshops, public 
education programs, in-service training programs, and similar 
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

[[Page 42871]]

might result from technological innovation or anticipated behavioral 
changes.''
    We are issuing this final priority only upon a reasoned 
determination that its benefits would 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 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. The new RRTC will generate and promote the use 
of new knowledge that will improve outcomes for individuals with 
disabilities in the area of community living and participation.
    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: July 15, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and the duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-17273 Filed 7-17-13; 8:45 am]
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