[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Proposed Rules]
[Pages 31898-31901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12844]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2014-OSERS-0041]


Proposed Priority; National Institute on Disability and 
Rehabilitation Research--Research Fellowships Program (Also Known As 
the Mary E. Switzer Research Fellowships)

[CFDA Number: 84.133F-2.]

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 Research 
Fellowships Program administered by the National Institute on 
Disability and Rehabilitation Research (NIDRR). Specifically, this 
notice proposes a priority for a Distinguished Residential Policy 
Fellowship. We take this action to focus attention on an area of 
national need. We intend the priority to build research capacity by 
providing support to highly qualified, experienced researchers, 
including those who are individuals with disabilities, to conduct 
policy research in the areas of disability and rehabilitation.

DATES: We must receive your comments on or before July 3, 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, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza 
(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. 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 one priority that NIDRR intends to use for one 
or more

[[Page 31899]]

competitions in fiscal year (FY) 2014 and possibly in 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 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 the Program: The purpose of the Research Fellowships 
Program is to build research capacity by providing support to 
experienced, highly qualified individuals, including those who are 
individuals with disabilities, to perform research on the 
rehabilitation of individuals with disabilities.
    Fellows must conduct original research in an area authorized by 
section 204 of the Rehabilitation Act of 1973, as amended (the Act). 
Section 204 of the Act authorizes research, demonstration projects, 
training, and related activities, the purposes of which are 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 
significant disabilities, and to improve the effectiveness of services 
authorized under the Act.

    Program Authority:  29 U.S.C. 762(e).

    Applicable Program Regulations: (a) The Education Department 
General Administrative Regulations (EDGAR) in 34 CFR 75.60 and 75.61, 
and parts 77, 81, 82, 84, and 97. (b) The Education Department 
suspension and debarment regulations in 2 CFR part 3485. (c) The 
regulations for this program in 34 CFR part 356. (d) The regulations in 
34 CFR 350.51 and 350.52.

Proposed Priority

    This notice contains one proposed priority.

Distinguished Residential Disability and Rehabilitation Policy 
Fellowship (Also Known As the Mary E. Switzer Research Fellowships)

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 
improving the lives of individuals with disabilities in three major 
life domains: (1) Employment, (2) Community Living and Participation, 
and (3) Health and Function as identified in NIDRR's Long-Range Plan 
published in the Federal Register on April 4, 2013 (78 FR 20299). 
Public policy research, including research on how public policy impacts 
the outcomes of individuals with disabilities, is an important 
mechanism for improving outcomes for individuals with disabilities in 
NIDRR's three research domains.
    Through this proposed priority, NIDRR seeks to provide disability 
and rehabilitation researchers the opportunity to enhance their 
understanding of the policy-making process and the effects of public 
policy on the outcomes of individuals with disabilities, to enhance 
their capacity to conduct and disseminate research that is relevant to 
policy development, and to enhance their ability to communicate with 
policymakers and advocates who might use this research. For example, 
the enhanced capacity of researchers to conduct relevant disability 
policy research is needed to explore how specific Federal legislation 
and programs affect outcomes for individuals with disabilities (e.g., 
the Americans With Disabilities Act, the Rehabilitation Act, Social 
Security Disability Insurance). Enhanced policy knowledge will also 
allow disability and rehabilitation researchers to conduct systematic 
research on: Effective means of policy implementation; barriers to the 
integration of research in disability-related policy development and 
implementation; the methods for effective engagement of policymakers 
and other stakeholders in policy development, evaluation, and reform; 
specific strategies for effective dissemination of information about 
public policies; and the costs and outcomes of specific policies.
    As a residential fellow, an individual will be required to carry 
out the fellowship activities, as provided in 34 CFR Part 356, in an 
agency or office within the Executive or Legislative branches of the 
Federal government, in the Washington, DC metropolitan area.

Proposed Priority

    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a new priority for a Distinguished Residential 
Disability and Rehabilitation Policy Fellowship as part of NIDRR's 
Research Fellowship Program (also known as the Mary E. Switzer Research 
Fellowships). The goals of this proposed priority are: (1) To provide 
experienced disability and rehabilitation researchers with 
opportunities to enhance their knowledge and understanding of the 
public policy-making process and the effects of public policy on the 
outcomes of individuals with disabilities; (2) to enhance the capacity 
of disability and rehabilitation researchers to conduct and disseminate 
disability policy relevant research; (3) to increase the integration 
and use of research findings in shaping disability-related policy; and 
(4) to increase awareness of disability-related issues in public policy 
discussions, formulations, and reviews.
    Consistent with the goals of this program, an applicant for a 
Distinguished Residential Disability and Rehabilitation Policy 
Fellowship must include:
    (a) An Eligibility Statement that demonstrates that you meet the 
eligibility requirements in 34 CFR Part 356.2(c)(1), including relevant 
publications and prior research experience; and that provides 
sufficient information in order to evaluate your qualifications 
consistent with 34 CFR Part 356.30(a).
    (b) A plan for how you will fulfill the full-time equivalent 
requirement for a Distinguished Residential Disability and 
Rehabilitation Policy Fellowship and the requirement to work a minimum 
of

[[Page 31900]]

50 percent of the time in an agency or office within the Executive or 
Legislative branches of the Federal government, in the Washington DC 
metropolitan area.

    Note:
     As described in 34 CFR 356.41, fellows will work full time on 
authorized fellowship activities. The application package for this 
priority provides a thorough description of how NIDRR defines and 
administers the full-time equivalent requirement for this program, 
as well as the 50 percent residential requirement.

    (c) A letter of support from a potential mentor at an agency or 
office within the Executive or Legislative branches of the Federal 
Government where your fellowship will be based. The letter of support 
from the potential mentor should indicate the mentor's capacity and 
willingness to facilitate your fellowship placement should you be 
awarded the Distinguished Residential Disability and Rehabilitation 
Policy Fellowship.
    (d) An assurance that you will commit to spending at least 50 
percent of the time during the period of the Fellowship, at an agency 
or office within the Executive or Legislative branches of the Federal 
government in the Washington DC metropolitan area, receiving 
orientation, conducting research, and providing expertise related to 
disability and rehabilitation research.
    (e) A description of a proposed Distinguished Residential 
Disability and Rehabilitation Policy Fellowship research project that 
includes the following:
    (1) A brief history or literature review of the disability issue, 
as appropriate; identification of the relevant recent legislative, 
regulatory, or administrative actions and the policy options related to 
this topic; and a rationale for the importance of the topic to 
improving the well-being of individuals with disabilities in one or 
more of NIDRR's primary outcome domains: Community Living and 
Participation, Employment, and Health and Function.
    (2) Specific objectives and research questions or hypotheses that 
will guide the project, the methods you will use to conduct the 
research, and the proposed timeline for implementing the project.
    (3) A plan for how the results of the project will be disseminated 
and used to influence policy.

    Note:  Fellows funded under this program are responsible for 
ensuring that their conduct does not violate Federal anti-lobbying 
requirements (see http://www.gpo.gov/fdsys/granule/USCODE-2011-title18/USCODE-2011-title18-partI-chap93-sec1913) during the period 
of their fellowship.


    Note:
     The costs associated with carrying out this residential policy 
practicum are intended to be covered, in full or in part, by the 
Distinguished Residential Disability and Rehabilitation Policy 
Fellowship Award; however, the fellow is responsible for paying for 
any costs that exceed the amount of the award.

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, 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

[[Page 31901]]

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 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 Research Fellowships Program have been well 
established over the years. Projects similar to the Research 
Fellowships Program have been completed successfully, and the proposed 
priority will generate new capacity in the area of rehabilitation and 
disability policy research.
    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 29, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2014-12844 Filed 6-2-14; 8:45 am]
BILLING CODE 4000-01-P