[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Proposed Rules]
[Pages 27233-27236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10957]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2014-OSERS-0011]


Proposed Priority--National Institute on Disability and 
Rehabilitation Research--Advanced Rehabilitation Research Training 
Program

[CFDA Number: 84.133P-5.]

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 Advanced 
Rehabilitation Research Training (ARRT) Program administered by the 
National Institute on Disability and Rehabilitation Research (NIDRR). 
Specifically, this notice proposes a priority for an Advanced 
Rehabilitation Research Policy Fellowship. We take this action to focus 
attention on an area

[[Page 27234]]

of national need. We intend the priority to strengthen the capacity of 
the disability and rehabilitation fields to train researchers to 
conduct advanced policy research in the areas of rehabilitation and 
disability.

DATES: We must receive your comments on or before June 12, 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 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. 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.
    Through the implementation of the Plan, 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 one priority that NIDRR intends to use for one 
or more competitions in FY 2014 and possibly later years. NIDRR is 
under no obligation to make an award under this priority. The decision 
to make an award will be based on the quality of applications received 
and available funding. NIDRR may publish additional priorities, as 
needed.
    Invitation to Comment: We invite you to submit comments regarding 
this proposed priority. To ensure that your comments have maximum 
effect in developing the 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 5133, 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, and to improve the effectiveness of services authorized 
under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

Advanced Rehabilitation Research Training Program

    The purpose of NIDRR's ARRT program, which is funded through the 
Disability and Rehabilitation Research Projects and Centers Program, is 
to provide advanced research training and experience to individuals 
with doctorates or similar degrees who have clinical or other relevant 
experience. ARRT projects train rehabilitation researchers, including 
researchers with disabilities, with particular attention to research 
areas that support the implementation and objectives of the 
Rehabilitation Act, and that improve the effectiveness of services 
authorized under the Rehabilitation Act. Additional information on the 
ARRT program can be found at: www.ed.gov/rschstat/research/pubs/res-program.html#ARRT.

    Program Authority: 29 U.S.C. 762(g) and 764(b)(2).

    Applicable Program Regulations: 34 CFR part 350.
    Proposed Priority:
    This notice contains one proposed priority.
    Advanced Rehabilitation Research Policy Fellowship Program.
    Background:
    NIDRR's mission is to support the generation of new knowledge and 
promote its effective use to improve the abilities of individuals with 
disabilities to participate in community activities of their choice and 
to enhance society's capacity to provide full opportunities and 
accommodations for these individuals. NIDRR research focuses on major 
life domains as identified in NIDRR's Long-Range Plan published in the 
Federal Register on April 4, 2013 (78 FR 20299): (1) Employment, (2) 
Participation and Community Living, and (3) Health and Function. NIDRR 
has increasingly recognized the important role of that government 
policies may

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play in the adoption and use of research findings. NIDRR wants to 
enhance the capacity of the disability and rehabilitation research 
field to understand the effects of government policies and programs on 
the outcomes of individuals with disabilities in the areas of 
employment, health and function, and community living and 
participation. In particular, NIDRR seeks to increase the capacity of 
disability and rehabilitation researchers to understand the policy 
development process, including how policymakers access, adopt, and use 
research.
    Proposed Priority:
    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a new priority for an ARRT on Rehabilitation Research 
Policy. This proposed fellowship program will expand the capacity of 
disability and rehabilitation researchers and scholars to conduct 
rigorous policy research that addresses issues important to 
policymakers and practitioners and that contributes to improved 
outcomes for individuals with disabilities and increased use and 
adoption of research findings to help shape future disability-related 
policy. The ARRT must contribute to improving the capacity of 
disability and rehabilitation researchers to conduct policy research 
by:
    (a) Recruiting and selecting qualified candidates, including 
individuals with disabilities, for advanced research training on policy 
issues affecting one of NIDRR's three domains of individual well-being: 
(1) Community living and participation, (2) employment, or (3) health 
and function;
    (b) Requiring that all Rehabilitation Research Policy Fellows 
complete a two-year training program in advanced rehabilitation policy-
related research and analysis that is multidisciplinary, emphasizes 
scientific methods, and involves didactic and classroom instruction in 
current disability policy issues, as well as providing a disability 
policy research practicum experience;
    (c) Providing academic mentorship or guidance, and opportunities 
for scientific collaboration with qualified researchers at the host 
institution or another training or sponsoring organization. Other 
institutions or organizations used as training sites must have the 
staff and facilities on site to provide a suitable environment for 
performing high-quality rehabilitation-related policy research;
    (d) Providing opportunities for participation in the development of 
professional presentations and publications, and for attendance at 
professional conferences and meetings, as appropriate for the 
individuals' area of study and level of experience;
    (e) Requiring that all Rehabilitation Research Policy Fellows 
complete a policy research project related to the NIDRR domains 
selected by the applicant (community living and participation, 
employment, or health and function); and
    (f) Ensuring that at least two Fellows out of the total number of 
Fellows proposed be residential fellows and that each residential 
fellow spend the equivalent of one year in the Washington, DC 
metropolitan area to conduct research at the Congress or any relevant 
Federal department or agency of the fellow's choice within the Federal 
Executive or Legislative branch. Fellows must secure their own 
fellowship site placement.

    Note 1: The costs associated with providing this residential 
policy practicum are the responsibility of the grantee, and must be 
reflected in the applicant's proposed budget.


    Note 2: The grantee must ensure that Fellows funded under this 
program are informed about the anti-lobbying requirements of Federal 
funding.

    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.

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,

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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 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 these proposed priorities are 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 Program have been well established over the years. Projects 
similar to the RRTCs have been completed successfully, and the proposed 
priorities will generate new knowledge through research. The new RRTCs 
will generate, disseminate, and promote the use of new information that 
would improve outcomes for individuals with disabilities in the areas 
of community living and participation, employment, and health and 
function.
    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: May 8, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2014-10957 Filed 5-12-14; 8:45 am]
BILLING CODE 4000-01-P