80_FR_23111 80 FR 23032 - Final Priority; National Institute on Disability, Independent Living, and Rehabilitation Research; Disability and Rehabilitation Research Projects Program

80 FR 23032 - Final Priority; National Institute on Disability, Independent Living, and Rehabilitation Research; Disability and Rehabilitation Research Projects Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living

Federal Register Volume 80, Issue 79 (April 24, 2015)

Page Range23032-23034
FR Document2015-09606

The Administrator of the Administration for Community Living announces a priority for the Disability and Rehabilitation Research Projects (DRRPs) Program administered by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). Specifically, we announce a priority for a DRRP on Promoting Universal Design in the Built Environment. The Administrator of the Administration for Community Living may use this priority for competitions in fiscal year (FY) 2015 and later years. We take this action to focus research attention on an area of national need. We intend for this priority to contribute to strengthened evidence-base for UD standards and strategies and improved access to the built environment for individuals with disabilities.

Federal Register, Volume 80 Issue 79 (Friday, April 24, 2015)
[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Notices]
[Pages 23032-23034]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09606]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living


Final Priority; National Institute on Disability, Independent 
Living, and Rehabilitation Research; Disability and Rehabilitation 
Research Projects Program

AGENCY: Administration for Community Living, Department of Health and 
Human Services.

ACTION: Final priority.

-----------------------------------------------------------------------

    CFDA Number: 84.133A-7.

SUMMARY: The Administrator of the Administration for Community Living 
announces a priority for the Disability and Rehabilitation Research 
Projects (DRRPs) Program administered by the National Institute on 
Disability, Independent Living, and Rehabilitation Research (NIDILRR). 
Specifically, we announce a priority for a DRRP on Promoting Universal 
Design in the Built Environment. The Administrator of the 
Administration for Community Living may use this priority for 
competitions in fiscal year (FY) 2015 and later years. We take this 
action to focus research attention on an area of national need. We 
intend for this priority to contribute to strengthened evidence-base 
for UD standards and strategies and improved access to the built 
environment for individuals with disabilities.

DATES: Effective Date: This priority is effective May 26, 2015.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of 
Health And Human Services, 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:

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).

Disability and Rehabilitation Research Projects

    The purpose of NIDILRR's DRRPs, which are funded through the 
Disability and Rehabilitation Research Projects and Centers Program, is 
to improve the effectiveness of services authorized under the 
Rehabilitation Act by developing methods, procedures, and 
rehabilitation technologies that advance a wide range of independent 
living and employment outcomes for individuals with disabilities, 
especially individuals with the most significant disabilities. DRRPs 
carry out one or more of the following types of activities, as 
specified and defined in 34 CFR 350.13 through 350.19: research, 
training, demonstration, development, utilization, dissemination, and 
technical assistance.
    An applicant for assistance under this program must demonstrate in 
its application how it will address, in whole or in part, the needs of 
individuals with disabilities from minority backgrounds (34 CFR 
350.40(a)). The approaches an applicant may take to meet this 
requirement are found in 34 CFR 350.40(b). Additional information on 
the DRRP program can be found at: www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.

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

    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priority (NPP) for this program 
in the Federal Register on February 25, 2015 (80 FR 10099). That notice 
contained background information and our reasons for proposing the 
particular priority.
    There are differences between the proposed priority and this final 
priority.
    Public Comment: In response to our invitation in the notice of 
proposed priority, six parties submitted comments on the proposed 
priority.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments that raised concerns not 
directly related to the proposed priority.
    Analysis of the Comments and Changes: An analysis of the comments 
and of any changes in the priority since publication of the NPP 
follows.
    Comment: Two commenters noted that research on the costs of, as 
well as the benefits of and savings from universal design (UD) 
applications, can facilitate future adoption of UD principles. These 
commenters suggested that the priority be revised to require such 
research on the costs and benefits of UD.
    Discussion: Paragraph (a) requires research toward developing 
evidence-based practices for UD implementation. Research under this 
paragraph could include analysis of the costs, benefits, and savings 
associated with UD applications. Nothing in the priority precludes such 
research. NIDILRR does not wish to further specify the research 
requirements as suggested by the commenters and thereby limit the 
breadth of research topics proposed under this priority. However, we do 
agree that findings from analyses of the costs, benefits, and savings 
associated with UD implementation could help facilitate further 
adoption of UD principles into mainstream architecture and the 
development and construction of built environments.
    Changes: We have modified the priority to include analyses of the 
costs, savings, and benefits of UD implementation as an optional 
activity that applicants may propose. The peer

[[Page 23033]]

review process will determine the merits of each proposal.
    Comment: One commenter requested that NIDILRR refer to individuals 
with different abilities, instead of individuals with disabilities.
    Discussion: NIDILRR aims to sponsor research that is directly 
applicable to, and serves, the needs of individuals with disabilities. 
While we understand that UD applications are intended to be beneficial 
to people with a wide range of different abilities, NIDILRR's aim is to 
generate new knowledge, products, and environments that can be used to 
provide full opportunities and accommodations for its citizens with 
disabilities. NIDILRR's applicants and stakeholders are accustomed to 
our focus on improving the outcomes of individuals with disabilities 
through research and development, and we think that we should be 
consistent in our terminology. Therefore we will continue to directly 
refer to people with disabilities as our primary stakeholders.
    Changes: None.
    Comment: One Commenter suggested that NIDILRR modify the priority 
to require the DRRP to engage in design and construction of practical 
and tangible physical projects that incorporate and demonstrate 
universal design concepts.
    Discussion: NIDILRR's intended outcome of this DRRP is further 
adoption of universal design principles into mainstream architecture 
and the development and construction of built environments. We will 
contribute to this outcome by sponsoring research, training, technical 
assistance, as well as the development of new UD curricula and new UD 
standards and guidelines. Through these activities we will contribute 
to much wider implementation of universally designed facilities, 
outdoor environments, and housing. We do not intend the DRRP's limited 
resources to be used for the design or construction of a small number 
of universally designed projects.
    Changes: None.
    Comment: One commenter suggested that NIDILRR revise the priority 
to specify that Universal Design incorporates the concept of ``healthy 
indoor environmental quality'' (IEQ) to make buildings healthier for 
everyone and more accessible for people with chemical or electrical 
sensitivities.
    Discussion: Nothing in the priority precludes applicants from 
including IEQ in its conceptualization of universal design, or in its 
work to facilitate the further adoption of universal design principles 
into the mainstream architecture and the development and construction 
of built environments. However, NIDILRR does not have a sufficient 
basis for further specifying the purposefully broad, long-standing 
principles of UD that the DRRP is intended to promote.
    Changes: None.
    Comment: One commenter recommended that NIDILRR modify the priority 
to include specific reference to the ``Goals of Universal Design,'' as 
published by Steinfeld and Maisel in 2012. This commenter suggested 
that these goals can be used by the DRRP to define and measure outcomes 
of UD practice and to frame the transfer of knowledge about UD into 
practice.
    Discussion: The intended outcome of this priority is to expand UD 
practice into the mainstream of design, architecture, and construction 
of built environments. Nothing in the priority precludes applicants 
from using the ``Goals of Universal Design'' to frame or guide their 
work toward this outcome. However, NIDILRR does not wish to further 
specify the conceptual or measurement framework that is to be used by 
the DRRP, because we do not want to limit the breadth of approaches 
that various applicants may propose to meet this critical need. The 
peer review process will determine the merits of each proposal.
    Changes: None.

Final Priority

    The Administrator of the Administration for Community Living 
establishes a priority for a DRRP on Promoting Universal Design in the 
Built Environment.
    The intended outcome of the DRRP on Universal Design is further 
adoption of universal design principles into mainstream architecture 
and the development and construction of built environments. The DRRP 
must contribute to this outcome by:
    (a) Conducting research activities toward developing evidence-based 
practices for UD implementation in commercial and private facilities, 
outdoor environments, and housing. This research may include analyses 
of the costs, benefits, and savings associated with universal design 
implementation.
    (b) Creating measurable UD standards and guidelines to facilitate 
the implementation of UD principles in commercial and private 
facilities, outdoor environments, and housing.
    (c) Developing and promoting curricula on UD for university-level 
architecture, engineering, and design students.
    (d) Providing training and technical assistance to designers, 
architects, and builders to incorporate UD principles and features into 
their buildings, projects, and communities.
    (e) Providing training and technical assistance to NIDILRR's 
engineering and assistive technology grantees to incorporate UD 
strategies and standards into development projects serving the needs of 
individuals with disabilities and the broader population.
    (f) Partnering with relevant stakeholders in carrying out all DRRP 
activities. Stakeholders include but are not limited to: individuals 
with disabilities, professional organizations that teach design 
principles, researchers, engineers, planners, designers, developers, 
architects, and builders.

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 (45 CFR 75).
    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 (45 CFR 75); or (2) selecting an 
application that meets the priority over an application of comparable 
merit that does not meet the priority (45 CFR 75).
    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 (45 CFR 75).
    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

[[Page 23034]]

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 this final priority only on 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 Administration for 
Community Living (ACL), Department of Health and Human Services 
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, ACL 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 ACL'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, and the proposed priority will generate new 
knowledge through research. The new DRRP 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.
    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.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of ACL 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 21, 2015.
John Tschida,
Director, National Institute on Disability, Independent Living, and 
Rehabilitation Research.
[FR Doc. 2015-09606 Filed 4-23-15; 8:45 am]
 BILLING CODE 4154-01-P



                                              23032                            Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Notices

                                              VII. Agency Contact                                     take this action to focus research                    whole or in part, the needs of
                                                If you use a TDD or a TTY, call the                   attention on an area of national need.                individuals with disabilities from
                                              Federal Relay Service (FRS), toll free, at              We intend for this priority to contribute             minority backgrounds (34 CFR
                                              1–800–877–8339.                                         to strengthened evidence-base for UD                  350.40(a)). The approaches an applicant
                                                                                                      standards and strategies and improved                 may take to meet this requirement are
                                              VIII. Other Information                                 access to the built environment for                   found in 34 CFR 350.40(b). Additional
                                                 Electronic Access to This Document:                  individuals with disabilities.                        information on the DRRP program can
                                              The official version of this document is                DATES: Effective Date: This priority is               be found at: www.ed.gov/rschstat/
                                              the document published in the Federal                   effective May 26, 2015.                               research/pubs/res-program.html#DRRP.
                                              Register. Free Internet access to the                   FOR FURTHER INFORMATION CONTACT:                        Program Authority: 29 U.S.C. 762(g) and
                                              official edition of the Federal Register                Marlene Spencer, U.S. Department of                   764(a).
                                              and the Code of Federal Regulations is                  Health And Human Services, 400
                                              available via the Federal Digital System                Maryland Avenue SW., Room 5133,                         Applicable Program Regulations: 34
                                              at: www.gpo.gov/fdsys. At this site you                 Potomac Center Plaza (PCP),                           CFR part 350.
                                              can view this document, as well as all                                                                          We published a notice of proposed
                                                                                                      Washington, DC 20202–2700.
                                              other documents of this Department                                                                            priority (NPP) for this program in the
                                                                                                      Telephone: (202) 245–7532 or by email:
                                              published in the Federal Register, in                                                                         Federal Register on February 25, 2015
                                                                                                      marlene.spencer@acl.hhs.gov.
                                              text or Adobe Portable Document                                                                               (80 FR 10099). That notice contained
                                                                                                         If you use a telecommunications
                                              Format (PDF). To use PDF you must                                                                             background information and our reasons
                                                                                                      device for the deaf (TDD) or a text
                                              have Adobe Acrobat Reader, which is                                                                           for proposing the particular priority.
                                                                                                      telephone (TTY), call the Federal Relay
                                              available free at the site.                                                                                     There are differences between the
                                                                                                      Service (FRS), toll free, at 1–800–877–
                                                 You may also access documents of the                                                                       proposed priority and this final priority.
                                                                                                      8339.                                                   Public Comment: In response to our
                                              Department published in the Federal
                                                                                                      SUPPLEMENTARY INFORMATION:                            invitation in the notice of proposed
                                              Register by using the article search
                                              feature at: www.federalregister.gov.                                                                          priority, six parties submitted comments
                                                                                                      Purpose of Program
                                              Specifically, through the advanced                                                                            on the proposed priority.
                                                                                                         The purpose of the Disability and                    Generally, we do not address
                                              search feature at this site, you can limit              Rehabilitation Research Projects and                  technical and other minor changes. In
                                              your search to documents published by                   Centers Program is to plan and conduct                addition, we do not address general
                                              the Department.                                         research, demonstration projects,                     comments that raised concerns not
                                                Dated: April 21, 2015.                                training, and related activities,                     directly related to the proposed priority.
                                              John Tschida,                                           including international activities, to                  Analysis of the Comments and
                                              Director, National Institute on Disability,             develop methods, procedures, and                      Changes: An analysis of the comments
                                              Independent Living, and Rehabilitation                  rehabilitation technology that maximize               and of any changes in the priority since
                                              Research.                                               the full inclusion and integration into               publication of the NPP follows.
                                              [FR Doc. 2015–09598 Filed 4–23–15; 8:45 am]             society, employment, independent                        Comment: Two commenters noted
                                              BILLING CODE 4154–01–P                                  living, family support, and economic                  that research on the costs of, as well as
                                                                                                      and social self-sufficiency of individuals            the benefits of and savings from
                                                                                                      with disabilities, especially individuals             universal design (UD) applications, can
                                              DEPARTMENT OF HEALTH AND                                with the most severe disabilities, and to             facilitate future adoption of UD
                                              HUMAN SERVICES                                          improve the effectiveness of services                 principles. These commenters suggested
                                                                                                      authorized under the Rehabilitation Act               that the priority be revised to require
                                              Administration for Community Living                     of 1973, as amended (Rehabilitation                   such research on the costs and benefits
                                                                                                      Act).                                                 of UD.
                                              Final Priority; National Institute on
                                                                                                                                                              Discussion: Paragraph (a) requires
                                              Disability, Independent Living, and                     Disability and Rehabilitation Research                research toward developing evidence-
                                              Rehabilitation Research; Disability and                 Projects                                              based practices for UD implementation.
                                              Rehabilitation Research Projects                           The purpose of NIDILRR’s DRRPs,                    Research under this paragraph could
                                              Program                                                 which are funded through the Disability               include analysis of the costs, benefits,
                                              AGENCY:  Administration for Community                   and Rehabilitation Research Projects                  and savings associated with UD
                                              Living, Department of Health and                        and Centers Program, is to improve the                applications. Nothing in the priority
                                              Human Services.                                         effectiveness of services authorized                  precludes such research. NIDILRR does
                                              ACTION: Final priority.                                 under the Rehabilitation Act by                       not wish to further specify the research
                                                                                                      developing methods, procedures, and                   requirements as suggested by the
                                                 CFDA Number: 84.133A–7.                              rehabilitation technologies that advance              commenters and thereby limit the
                                              SUMMARY:   The Administrator of the                     a wide range of independent living and                breadth of research topics proposed
                                              Administration for Community Living                     employment outcomes for individuals                   under this priority. However, we do
                                              announces a priority for the Disability                 with disabilities, especially individuals             agree that findings from analyses of the
                                              and Rehabilitation Research Projects                    with the most significant disabilities.               costs, benefits, and savings associated
                                              (DRRPs) Program administered by the                     DRRPs carry out one or more of the                    with UD implementation could help
                                              National Institute on Disability,                       following types of activities, as specified           facilitate further adoption of UD
                                              Independent Living, and Rehabilitation                  and defined in 34 CFR 350.13 through                  principles into mainstream architecture
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                                              Research (NIDILRR). Specifically, we                    350.19: research, training,                           and the development and construction
                                              announce a priority for a DRRP on                       demonstration, development,                           of built environments.
                                              Promoting Universal Design in the Built                 utilization, dissemination, and technical               Changes: We have modified the
                                              Environment. The Administrator of the                   assistance.                                           priority to include analyses of the costs,
                                              Administration for Community Living                        An applicant for assistance under this             savings, and benefits of UD
                                              may use this priority for competitions in               program must demonstrate in its                       implementation as an optional activity
                                              fiscal year (FY) 2015 and later years. We               application how it will address, in                   that applicants may propose. The peer


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                                                                               Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Notices                                            23033

                                              review process will determine the                       construction of built environments.                   builders to incorporate UD principles
                                              merits of each proposal.                                However, NIDILRR does not have a                      and features into their buildings,
                                                 Comment: One commenter requested                     sufficient basis for further specifying the           projects, and communities.
                                              that NIDILRR refer to individuals with                  purposefully broad, long-standing                       (e) Providing training and technical
                                              different abilities, instead of individuals             principles of UD that the DRRP is                     assistance to NIDILRR’s engineering and
                                              with disabilities.                                      intended to promote.                                  assistive technology grantees to
                                                 Discussion: NIDILRR aims to sponsor                     Changes: None.                                     incorporate UD strategies and standards
                                              research that is directly applicable to,                   Comment: One commenter                             into development projects serving the
                                              and serves, the needs of individuals                    recommended that NIDILRR modify the                   needs of individuals with disabilities
                                              with disabilities. While we understand                  priority to include specific reference to             and the broader population.
                                              that UD applications are intended to be                 the ‘‘Goals of Universal Design,’’ as                   (f) Partnering with relevant
                                              beneficial to people with a wide range                  published by Steinfeld and Maisel in                  stakeholders in carrying out all DRRP
                                              of different abilities, NIDILRR’s aim is to             2012. This commenter suggested that                   activities. Stakeholders include but are
                                              generate new knowledge, products, and                   these goals can be used by the DRRP to                not limited to: individuals with
                                              environments that can be used to                        define and measure outcomes of UD                     disabilities, professional organizations
                                              provide full opportunities and                          practice and to frame the transfer of                 that teach design principles,
                                              accommodations for its citizens with                    knowledge about UD into practice.                     researchers, engineers, planners,
                                              disabilities. NIDILRR’s applicants and                     Discussion: The intended outcome of                designers, developers, architects, and
                                              stakeholders are accustomed to our                      this priority is to expand UD practice                builders.
                                              focus on improving the outcomes of                      into the mainstream of design,
                                              individuals with disabilities through                   architecture, and construction of built               Types of Priorities
                                              research and development, and we                        environments. Nothing in the priority                    When inviting applications for a
                                              think that we should be consistent in                   precludes applicants from using the                   competition using one or more
                                              our terminology. Therefore we will                      ‘‘Goals of Universal Design’’ to frame or             priorities, we designate the type of each
                                              continue to directly refer to people with               guide their work toward this outcome.                 priority as absolute, competitive
                                              disabilities as our primary stakeholders.               However, NIDILRR does not wish to                     preference, or invitational through a
                                                 Changes: None.                                       further specify the conceptual or                     notice in the Federal Register. The
                                                 Comment: One Commenter suggested                     measurement framework that is to be                   effect of each type of priority follows:
                                              that NIDILRR modify the priority to                     used by the DRRP, because we do not                      Absolute priority: Under an absolute
                                              require the DRRP to engage in design                    want to limit the breadth of approaches               priority, we consider only applications
                                              and construction of practical and                       that various applicants may propose to                that meet the priority (45 CFR 75).
                                              tangible physical projects that                         meet this critical need. The peer review                 Competitive preference priority:
                                              incorporate and demonstrate universal                   process will determine the merits of                  Under a competitive preference priority,
                                              design concepts.                                        each proposal.                                        we give competitive preference to an
                                                 Discussion: NIDILRR’s intended                          Changes: None.                                     application by (1) awarding additional
                                              outcome of this DRRP is further                                                                               points, depending on the extent to
                                              adoption of universal design principles                 Final Priority
                                                                                                                                                            which the application meets the priority
                                              into mainstream architecture and the                      The Administrator of the                            (45 CFR 75); or (2) selecting an
                                              development and construction of built                   Administration for Community Living                   application that meets the priority over
                                              environments. We will contribute to this                establishes a priority for a DRRP on                  an application of comparable merit that
                                              outcome by sponsoring research,                         Promoting Universal Design in the Built               does not meet the priority (45 CFR 75).
                                              training, technical assistance, as well as              Environment.                                             Invitational priority: Under an
                                              the development of new UD curricula                       The intended outcome of the DRRP on                 invitational priority, we are particularly
                                              and new UD standards and guidelines.                    Universal Design is further adoption of               interested in applications that meet the
                                              Through these activities we will                        universal design principles into                      priority. However, we do not give an
                                              contribute to much wider                                mainstream architecture and the                       application that meets the priority a
                                              implementation of universally designed                  development and construction of built                 preference over other applications (45
                                              facilities, outdoor environments, and                   environments. The DRRP must                           CFR 75).
                                              housing. We do not intend the DRRP’s                    contribute to this outcome by:                           This notice does not preclude us from
                                              limited resources to be used for the                      (a) Conducting research activities
                                                                                                                                                            proposing additional priorities,
                                              design or construction of a small                       toward developing evidence-based
                                                                                                                                                            requirements, definitions, or selection
                                              number of universally designed                          practices for UD implementation in
                                                                                                                                                            criteria, subject to meeting applicable
                                              projects.                                               commercial and private facilities,
                                                                                                                                                            rulemaking requirements.
                                                 Changes: None.                                       outdoor environments, and housing.
                                                 Comment: One commenter suggested                     This research may include analyses of                   Note: This notice does not solicit
                                              that NIDILRR revise the priority to                     the costs, benefits, and savings                      applications. In any year in which we choose
                                              specify that Universal Design                           associated with universal design                      to use this priority, we invite applications
                                              incorporates the concept of ‘‘healthy                                                                         through a notice in the Federal Register.
                                                                                                      implementation.
                                              indoor environmental quality’’ (IEQ) to                   (b) Creating measurable UD standards                Executive Orders 12866 and 13563
                                              make buildings healthier for everyone                   and guidelines to facilitate the
                                                                                                                                                            Regulatory Impact Analysis
                                              and more accessible for people with                     implementation of UD principles in
                                              chemical or electrical sensitivities.                   commercial and private facilities,                      Under Executive Order 12866, the
tkelley on DSK3SPTVN1PROD with NOTICES




                                                 Discussion: Nothing in the priority                  outdoor environments, and housing.                    Secretary must determine whether this
                                              precludes applicants from including                       (c) Developing and promoting                        regulatory action is ‘‘significant’’ and,
                                              IEQ in its conceptualization of universal               curricula on UD for university-level                  therefore, subject to the requirements of
                                              design, or in its work to facilitate the                architecture, engineering, and design                 the Executive order and subject to
                                              further adoption of universal design                    students.                                             review by the Office of Management and
                                              principles into the mainstream                            (d) Providing training and technical                Budget (OMB). Section 3(f) of Executive
                                              architecture and the development and                    assistance to designers, architects, and              Order 12866 defines a ‘‘significant


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                                              23034                            Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Notices

                                              regulatory action’’ as an action likely to              Information and Regulatory Affairs of                 your search to documents published by
                                              result in a rule that may—                              OMB has emphasized that these                         the Department.
                                                 (1) Have an annual effect on the                     techniques may include ‘‘identifying                    Dated: April 21, 2015.
                                              economy of $100 million or more, or                     changing future compliance costs that                 John Tschida,
                                              adversely affect a sector of the economy,               might result from technological
                                                                                                                                                            Director, National Institute on Disability,
                                              productivity, competition, jobs, the                    innovation or anticipated behavioral                  Independent Living, and Rehabilitation
                                              environment, public health or safety, or                changes.’’                                            Research.
                                              State, local, or tribal governments or                     We are issuing this final priority only
                                                                                                                                                            [FR Doc. 2015–09606 Filed 4–23–15; 8:45 am]
                                              communities in a material way (also                     on a reasoned determination that its
                                                                                                                                                            BILLING CODE 4154–01–P
                                              referred to as an ‘‘economically                        benefits justify its costs. In choosing
                                              significant’’ rule);                                    among alternative regulatory
                                                 (2) Create serious inconsistency or                  approaches, we selected those
                                                                                                                                                            DEPARTMENT OF HEALTH AND
                                              otherwise interfere with an action taken                approaches that maximize net benefits.
                                                                                                                                                            HUMAN SERVICES
                                              or planned by another agency;                           Based on the analysis that follows, the
                                                 (3) Materially alter the budgetary                   Administration for Community Living                   Food and Drug Administration
                                              impacts of entitlement grants, user fees,               (ACL), Department of Health and
                                              or loan programs or the rights and                      Human Services believes that this                     [Docket No. FDA–2014–E–0130]
                                              obligations of recipients thereof; or                   regulatory action is consistent with the
                                                 (4) Raise novel legal or policy issues               principles in Executive Order 13563.                  Determination of Regulatory Review
                                              arising out of legal mandates, the                         We also have determined that this                  Period for Purposes of Patent
                                              President’s priorities, or the principles               regulatory action does not unduly                     Extension; FLUBLOK
                                              stated in the Executive order.                          interfere with State, local, and tribal               AGENCY:    Food and Drug Administration,
                                                 This final regulatory action is not a                governments in the exercise of their                  HHS.
                                              significant regulatory action subject to                governmental functions.                               ACTION:   Notice.
                                              review by OMB under section 3(f) of                        In accordance with both Executive
                                              Executive Order 12866.                                  orders, ACL assessed the potential costs              SUMMARY:   The Food and Drug
                                                 We have also reviewed this final                     and benefits, both quantitative and                   Administration (FDA) has determined
                                              regulatory action under Executive Order                 qualitative, of this regulatory action.               the regulatory review period for
                                              13563, which supplements and                            The potential costs are those resulting               FLUBLOK and is publishing this notice
                                              explicitly reaffirms the principles,                    from statutory requirements and those                 of that determination as required by
                                              structures, and definitions governing                   we have determined as necessary for                   law. FDA has made the determination
                                              regulatory review established in                        administering the ACL’s programs and                  because of the submission of an
                                              Executive Order 12866. To the extent                    activities.                                           application to the Director of the U.S.
                                              permitted by law, Executive Order                          The benefits of the Disability and                 Patent and Trademark Office (USPTO),
                                              13563 requires that an agency—                          Rehabilitation Research Projects and                  Department of Commerce, for the
                                                 (1) Propose or adopt regulations only                Centers Program have been well                        extension of a patent which claims that
                                              upon a reasoned determination that                      established over the years, as projects               human biological product.
                                              their benefits justify their costs                      similar to the one envisioned by the                  ADDRESSES: Submit electronic
                                              (recognizing that some benefits and                     final priority have been completed                    comments to http://
                                              costs are difficult to quantify);                       successfully, and the proposed priority               www.regulations.gov. Submit written
                                                 (2) Tailor its regulations to impose the             will generate new knowledge through                   petitions (two copies are required) and
                                              least burden on society, consistent with                research. The new DRRP will generate,                 written comments to the Division of
                                              obtaining regulatory objectives and                     disseminate, and promote the use of                   Dockets Management (HFA–305), Food
                                              taking into account—among other things                  new information that would improve                    and Drug Administration, 5630 Fishers
                                              and to the extent practicable—the costs                 outcomes for individuals with                         Lane, Rm. 1061, Rockville, MD 20852.
                                              of cumulative regulations;                              disabilities in the areas of community                Submit petitions electronically to
                                                 (3) In choosing among alternative                    living and participation, employment,                 http://www.regulations.gov at Docket
                                              regulatory approaches, select those                     and health and function.                              No. FDA–2013–S–0610.
                                              approaches that maximize net benefits                      Electronic Access to This Document:
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                              (including potential economic,                          The official version of this document is
                                                                                                      the document published in the Federal                 Beverly Friedman, Office of
                                              environmental, public health and safety,
                                                                                                      Register. Free Internet access to the                 Management, Food and Drug
                                              and other advantages; distributive
                                                                                                      official edition of the Federal Register              Administration, 10001 New Hampshire
                                              impacts; and equity);
                                                 (4) To the extent feasible, specify                  and the Code of Federal Regulations is                Ave., Hillandale Campus, Rm. 3180,
                                              performance objectives, rather than the                 available via the Federal Digital System              Silver Spring, MD 20993, 301–796–
                                              behavior or manner of compliance a                      at: www.gpo.gov/fdsys. At this site you               7900.
                                              regulated entity must adopt; and                        can view this document, as well as all                SUPPLEMENTARY INFORMATION: The Drug
                                                 (5) Identify and assess available                    other documents of ACL published in                   Price Competition and Patent Term
                                              alternatives to direct regulation,                      the Federal Register, in text or Adobe                Restoration Act of 1984 (Pub. L. 98–417)
                                              including economic incentives—such as                   Portable Document Format (PDF). To                    and the Generic Animal Drug and Patent
                                              user fees or marketable permits—to                      use PDF you must have Adobe Acrobat                   Term Restoration Act (Pub. L.100–670)
                                              encourage the desired behavior, or                      Reader, which is available free at the                generally provide that a patent may be
tkelley on DSK3SPTVN1PROD with NOTICES




                                              provide information that enables the                    site.                                                 extended for a period of up to 5 years
                                              public to make choices.                                    You may also access documents of the               so long as the patented item (human
                                                 Executive Order 13563 also requires                  Department published in the Federal                   drug product, animal drug product,
                                              an agency ‘‘to use the best available                   Register by using the article search                  medical device, food additive, or color
                                              techniques to quantify anticipated                      feature at: www.federalregister.gov.                  additive) was subject to regulatory
                                              present and future benefits and costs as                Specifically, through the advanced                    review by FDA before the item was
                                              accurately as possible.’’ The Office of                 search feature at this site, you can limit            marketed. Under these acts, a product’s


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Document Created: 2015-12-16 08:43:32
Document Modified: 2015-12-16 08:43:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionFinal priority.
ContactMarlene Spencer, U.S. Department of Health And Human Services, 400 Maryland Avenue SW., Room 5133, Potomac Center Plaza (PCP), Washington, DC 20202-2700. Telephone: (202) 245- 7532 or by email: [email protected]
FR Citation80 FR 23032 

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