[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Proposed Rules]
[Pages 21418-21421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08559]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2014-OSERS-0018]


Proposed Priority--National Institute on Disability and 
Rehabilitation Research--Disability and Rehabilitation Research 
Projects and Centers Program--Rehabilitation Engineering Research 
Centers

[CFDA Number: 84.133E-4.]

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

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority for the Disability and 
Rehabilitation Research Projects and Centers Program administered by 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, this notice proposes a priority for a 
Rehabilitation Engineering Research Center (RERC) on Improving the 
Accessibility, Usability, and Performance of Technology for Individuals 
who are Deaf or Hard of Hearing. We take this action to focus research 
attention on areas of national need. We intend to use this priority to 
improve rehabilitation services and outcomes for individuals with 
disabilities.

DATES: We must receive your comments on or before May 16, 2014.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email

[[Page 21419]]

or those submitted after the comment period. To ensure that we do not 
receive duplicate copies, please submit your comments only once. In 
addition, please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Patricia Barrett, U.S. Department of Education, 400 Maryland 
Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 
20202-2700.

    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Patricia Barrett, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 
20202-2700. Telephone: (202) 245-6211 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 proposed 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.
    The Plan identifies a need for research and training in a number of 
areas, including issues related to individuals with hearing 
impairments. To address this need, NIDRR seeks to: (1) Improve the 
quality and utility of disability and rehabilitation research; (2) 
foster an exchange of research findings, expertise, and other 
information to advance knowledge and understanding of the needs of 
individuals with disabilities and their family members, including those 
from among traditionally underserved populations; (3) determine 
effective practices, programs, and policies to improve community living 
and participation, employment, and health and function outcomes for 
individuals with disabilities of all ages; (4) identify research gaps 
and areas for promising research investments; (5) identify and promote 
effective mechanisms for integrating research and practice; and (6) 
disseminate research findings to all major stakeholder groups, 
including individuals with disabilities and their families in formats 
that are appropriate and meaningful to them.
    This notice proposes a priority that NIDRR intends to use for 
competitions in FY 2014 and possibly in later years. NIDRR is under no 
obligation to make awards for this priority. The decision to make an 
award will be based on the quality of applications received and 
available funding.
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority, we urge you to identify 
clearly the specific topic that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this proposed priority in Room 5142, 550 12th Street 
SW., PCP, Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays. Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    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. This program is also intended 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, 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.

Proposed Priority

    This notice contains one proposed priority.
    Improving the Accessibility, Usability, and Performance of 
Technology for Individuals who are Deaf or Hard of Hearing.

Background

    The World Health Organization (WHO) defines hearing loss as the 
inability to hear sounds of 25 decibels (dB) or less. According to this 
definition, one in five Americans over the age of 12 has hearing loss 
in at least one ear (Lin, et al., 2011). This figure translates to 
roughly 48 million Americans, and the number is expected to rise as the 
population ages (Lin, et al., 2011). Hearing loss can affect people's 
lives in a number of areas, including education, transition from school 
to work, employment, participation in the community, and general social 
and emotional well-being (Kochkin, 2010b).

[[Page 21420]]

However, successful auditory enhancement technologies have been shown 
to improve the quality of life for people with hearing loss (Fellinger, 
et al., 2012; Kochkin, 2010b).
    Research and development of technologies that address hearing loss 
has produced advances in areas such as digital and wireless hearing 
aids, assistive technologies, cochlear and middle ear implants, and 
aural rehabilitation; however, research and development needs remain. 
For example, research has indicated that while 95 percent of people 
with hearing loss can benefit from hearing aids, only an estimated 20 
to 25 percent actually use them (Fischer, et al., 2011). Commonly cited 
technology limitations that negatively affect overall consumer 
satisfaction ratings with hearing aids include difficulty with volume 
control, reduced benefit in noisy environments, and insufficient 
transferability across settings (Kochkin, 2010a).
    Research and development is needed in other areas as well. 
Assistive listening devices (e.g., FM systems, infrared systems, and 
audio induction loop systems) have significant limitations in their 
portability, usability, and performance, particularly during group 
discussions (Harkins & Tucker, 2007). More research and development is 
needed on cochlear and middle ear implants to optimize performance and 
benefits in a variety of settings (Peterson, et al., 2010).
    In addition to technologies that address the physiological 
challenges of hearing loss, other technologies exist that focus on 
improving access to auditory information through alternate methods. For 
example, captioning technology provides access to the auditory content 
of multimedia for individuals who are deaf or hard of hearing through a 
simultaneous display of text and sound or pictures (Wald, 2010). This 
kind of technology can be used in multiple formats (e.g., pre-recorded 
or real-time) and in a variety of entertainment, educational, 
workplace, community, and recreational settings; however, there are 
cost and time considerations for manual captioning. Research indicates 
that automatic speech recognition technology may address some of these 
considerations, but concerns remain regarding accuracy of this software 
(Wald, 2010). For all the reasons cited above, NIDRR seeks to fund an 
RERC to develop, refine, and evaluate technologies for individuals who 
are deaf or hard of hearing.

References

    Fellinger, J., Holzinger, D., & Pollard, R. (2012). Mental 
health of deaf people. The Lancet, 379, 1037-1044.
    Fischer, M., Cruickshanks, K.J., Wiley, T., Klein, B.E.K., 
Klein, R., & Tweed, T.S. (2011). Determinants of hearing aid 
acquisition in older adults. American Journal of Public Health, 
101(8), 1449-1455.
    Harkins, J., & Tucker, P. (2007). An internet survey of 
individuals with hearing loss regarding assistive listening devices. 
Trends in Amplification, 11(2), 91-100.
    Kochkin, S. (2010a). MarkeTrak VIII: Consumer satisfaction with 
hearing aids is slowly increasing. Hearing Journal, 63(1), 19-24.
    Kochkin, S. (2010b). MarkeTrak VIII: The efficacy of hearing 
aids in achieving compensation equity in the workplace. Hearing 
Journal, 63(10), 19-26.
    Lin, F.R., Niparko, J.K., & Ferrucci, L. (2011). Hearing loss 
prevalence in the United States. Archives of Internal Medicine, 
171(20), 1851-1853.
    Peterson, N.R., Pisoni, D.B., & Miyamoto, R.T. (2010). Cochlear 
implants and spoken language processing abilities: Review and 
assessment of the literature. Medicine, Clinical Neurology and 
Exercise & Occupational Therapy, 28(2), 237-250.
    Wald, M. (2010). Synote: Accessible and Assistive Technology 
Enhancing Learning for All Students. ICCHP 2010, Part II, LNCS 6180, 
177-184.

Proposed Priority

    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes the following priority for the establishment of a 
Rehabilitation Engineering Research Center (RERC) on Improving the 
Accessibility, Usability, and Performance of Technology for Individuals 
who are Deaf or Hard of Hearing. The RERC must focus on innovative 
technological solutions, new knowledge, and concepts that will improve 
the lives of individuals who are deaf or hard of hearing.
    Under this priority, the RERC must research, develop, and evaluate 
technologies, methods, and systems that will improve the accessibility, 
usability, and performance of technologies that benefit individuals who 
are deaf or hard of hearing. This includes:
    (a) Improving technological and design features (e.g., device fit 
and comfort, ease of control) in order to maximize adoption and use of 
auditory enhancement devices;
    (b) Improving the compatibility of auditory enhancement 
technologies with other technologies such as mobile devices, 
telephones, televisions and other media devices);
    (c) Improving the performance of auditory enhancement devices and 
other access-promoting technology (e.g., voice to sign computer, smart 
phone applications, or portable real-time captioning applications) 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 auditory 
technologies and communication strategies, consumer focus groups and 
surveys, and consumer beta testing and review of products) to maximize 
access to auditory information in a variety of settings (e.g, 
educational, recreational, community, and workplace). The RERC must 
involve key stakeholders in the design and implementation of RERC 
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)).

Final Priority

    We will announce the final priority in a notice in the Federal 
Register. We will determine the final priority after considering 
responses to this notice and other information available to the 
Department. 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.


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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 proposed 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 proposed 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 would 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 proposed priority have 
been completed successfully. Establishing new RERCs based on the 
proposed priority would generate new knowledge through research and 
development and improve the lives of individuals with disabilities. The 
RERC that would be established under this proposed priority would 
generate, disseminate, and promote the use of new information that 
would improve the options for individuals with disabilities to fully 
participate in their communities.
    Intergovernmental Review: This program is not subject to Executive 
Order 12372 and the regulations in 34 CFR part 79.
    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 10, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2014-08559 Filed 4-15-14; 8:45 am]
BILLING CODE 4000-01-P