Proposed Priorities-Capacity Building Program for Traditionally Underserved Populations-Vocational Rehabilitation Training Institute for the Preparation of Personnel in American Indian Vocational Rehabilitation Services Projects, 33486-33491 [2014-13648]
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Proposed Rules
(b) Affected ADs
None.
the inspection requirements specified in
paragraph (g)(1) of this AD.
(c) Applicability
This AD applies to The Boeing Company
Model 737–100, –200, –200C, –300, –400,
and –500 series airplanes; certificated in any
category; as identified in Boeing Alert
Service Bulletin 737–53A1163, Revision 1,
dated January 8, 2014.
(i) Post-Modification and Post-Repair
Inspections
For airplanes identified in Boeing Alert
Service Bulletin 737–53A1163, Revision 1,
dated January 8, 2014, as Groups 1 and 2, on
which a repair or preventive modification
has been installed in accordance with Boeing
Service Bulletin 737–53–1163, dated
December 21, 1993, or Boeing Alert Service
Bulletin 737–53A1163, Revision 1, dated
January 8, 2014: At the applicable time
specified in table 3 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1163, Revision 1, dated
January 8, 2014, inspect the fuselage skin
assembly, bear strap, and frame and sill outer
chords, as applicable, for cracking, in
accordance with table 3 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1163, Revision 1, dated
January 8, 2014. Repeat the inspection
thereafter at the times specified in table 3 of
paragraph 1.E., ‘‘Compliance’’ of Boeing Alert
Service Bulletin 737–53A1163, Revision 1,
dated January 8, 2014. If any crack is found
during any inspection required by this
paragraph, repair before further flight using
a method approved in accordance with the
procedures specified in paragraph (m) of this
AD.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of
fatigue cracks found in the upper corners of
the forward entry door skin cutout. We are
issuing this AD to detect and correct cracking
in the doorway upper corners, which could
result in cabin depressurization.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Inspection
(1) For airplanes identified in Boeing Alert
Service Bulletin 737–53A1163, Revision 1,
dated January 8, 2014, as Groups 1 and 2,
Configuration 2, and Group 3: Before the
accumulation of 27,000 total flight cycles, or
within 4,500 flight cycles after the effective
date of this AD, whichever occurs later, do
an external detailed inspection for cracking
of the skin assembly, and a low frequency
eddy current (LFEC) inspection for cracking
of the skin assembly and bear strap, and all
applicable corrective actions, in accordance
with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737–53A1163,
Revision 1, dated January 8, 2014, except as
required by paragraph (j) of this AD. Repeat
the inspections thereafter at intervals not to
exceed 4,500 flight cycles. Do all applicable
corrective actions before further flight.
(2) For airplanes identified as Group 4 in
Boeing Alert Service Bulletin 737–53A1163,
Revision 1, dated January 8, 2014: Within
120 days after the effective date of this AD,
do inspections of the skin assembly and bear
strap and all applicable corrective actions
using a method approved in accordance with
the procedures specified in paragraph (m) of
this AD.
(h) Terminating Actions
(1) Accomplishment of the preventive
change specified in Part II of the
Accomplishment Instructions of Boeing
Service Bulletin 737–53–1163, dated
December 21, 1993, or the preventive
modification specified in Part 2 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1163, Revision 1,
dated January 8, 2014, terminates the
inspection requirements specified in
paragraph (g)(1) of this AD.
(2) Accomplishment of the repair specified
in Part III of the Accomplishment
Instructions of Boeing Service Bulletin 737–
53–1163, dated December 21, 1993, or Part 3
of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737–53A1163,
Revision 1, dated January 8, 2014, terminates
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(j) Exception to Service Information
Specifications
If any cracking is found during any
inspection required by this AD, and Boeing
Alert Service Bulletin 737–53A1163,
Revision 1, dated January 8, 2014, specifies
to contact Boeing for appropriate action:
Before further flight, repair the crack using a
method approved in accordance with the
procedures specified in paragraph (m) of this
AD.
(k) Explanation of Service Information and
AD
The Accomplishment Instructions of
Boeing Alert Service Bulletin 737–53A1163,
Revision 1, dated January 8, 2014, states that
Group 1 and 2, Configuration 1 airplanes
having the repair or preventive modification
installed in accordance with Boeing Service
Bulletin 737–53–1163, dated December 21,
1993, are not required to be inspected.
However, this AD requires inspections of
Group 1 and 2 airplanes, as identified in and
in accordance with paragraph (i) of this AD,
which correspond with table 3 of paragraph
1.E., ‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1163, Revision 1, dated
January 8, 2014.
(l) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraphs (g) and (h) of
this AD if those actions were performed
before the effective date of this AD using
Boeing Service Bulletin 737–53–1163, dated
December 21, 1993, which is not
incorporated by reference in this AD.
(m) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
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authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (n)(1) of this AD. Information may
be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane and the
approval must specifically refer to this AD.
(n) Related Information
(1) For more information about this AD,
contact Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6450; fax: 425–917–6590;
email: alan.pohl@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com. You
may view this referenced service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on May 30,
2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–13609 Filed 6–10–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2014–OSERS–0024; CFDA
Number: 84.315C.]
Proposed Priorities—Capacity Building
Program for Traditionally Underserved
Populations—Vocational Rehabilitation
Training Institute for the Preparation of
Personnel in American Indian
Vocational Rehabilitation Services
Projects
Office of Special Education and
Rehabilitative Services, Department of
Education.
AGENCY:
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Proposed Rules
ACTION:
Proposed priorities.
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes two priorities under
the Capacity Building Program for
Traditionally Underserved Populations.
The first would establish a new
vocational rehabilitation (VR) training
institute for the preparation of
personnel in the American Indian
Vocational Rehabilitation Services
(AIVRS) program. The second would
encourage applications submitted
through a collaborative arrangement
between a four-year institution of higher
education (IHE) and a two-year
community college or tribal college. The
Assistant Secretary may use these
priorities for competitions in fiscal year
(FY) 2014 and later years. We take this
action to improve the provision of VR
services to, and the employment
outcomes of, American Indians with
disabilities.
SUMMARY:
We must receive your comments
on or before July 11, 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 Kristen
Rhinehart, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5027, Potomac Center Plaza
(PCP), Washington, DC 20202–2800.
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DATES:
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:
Kristen Rhinehart. Telephone: (202)
245–6103 or by email:
kristen.rhinehart@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
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telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding these
proposed priorities. To ensure that your
comments have maximum effect in
developing the final priorities, we urge
you to identify clearly the specific
section of the priority 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 these proposed
priorities. 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 notice in room 5027, 550 12th
Street SW., PCP, Washington, DC
20202–2800, between the hours of 8:30
a.m. and 4 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 Capacity
Building Program for Traditionally
Underserved Populations under section
21(b)(2)(C) of the Rehabilitation Act, as
amended (29 U.S.C. 718(b)(2)(C))
provides outreach and technical
assistance (TA) to minority entities and
American Indian tribes to promote their
participation in activities funded under
the Rehabilitation Act, including
assistance to enhance their capacity to
carry out such activities.
Program Authority: 29 U.S.C.
718(b)(2)(C).
Applicable Regulations: (a) The
Education Department General
Administrative Regulations (EDGAR) in
34 CFR parts 74, 75, 77, 79, 80, 81, 82,
84,and 97. (b) The Department of
Education debarment and suspension
regulations at 2 CFR part 3485.
Proposed Priorities:
This notice contains two proposed
priorities.
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Priority 1: Vocational Rehabilitation
Training Institute for the Preparation of
Personnel in American Indian
Vocational Rehabilitation Services
Projects.
Priority 2: Applications that propose
collaborations, which must be
demonstrated by formal agreements,
between four-year institutions of higher
education and two-year community
colleges or tribal colleges.
Background:
The AIVRS program, authorized
under section 121 of the Rehabilitation
Act of 1973, as amended (Rehabilitation
Act), is funded through a mandatory setaside of the VR State Grants program.
Because funds set aside for the AIVRS
program increase at the same rate as the
VR State Grants program, the number of
AIVRS projects has increased from 69 to
85 over the last 10 years. However,
section 121 of the Rehabilitation Act
does not provide authority to use AIVRS
funds to provide training and TA to the
growing number of AIVRS projects.
Thus, the Department has used the
resources available through the set-aside
authority in section 21 of the
Rehabilitation Act to provide TA under
the Capacity Building Program for
Traditionally Underserved Populations.
Although beneficial, the current and
past TA projects differ from the training
and TA to be provided through this
proposed project. The current AIVRS
TA project, the TVR Circle, (Tribal
Vocational Rehabilitation Continuous
Improvement of Rehabilitation
Counselors, Leaders, and Educators
(CFDA 84.406)), provides concentrated
short-term training in specific areas
such as managing expenditures,
determining what constitutes an
allowable service, and understanding
performance report requirements. The
TVR Circle was not designed to provide
the scope and sequence of training that
is intended for this proposed project.
The Department also recently supported
AIVRS Capacity Building projects
(Capacity Building for Minority Entities
(CFDA 84.315D)) that focused on
providing training and TA to current
and potential AIVRS grantees to
improve their grant writing and ability
to compete for an AIVRS grant. The
Capacity Building for Minority Entities
projects also provided TA for first-time
grant recipients in order to increase
their ability to carry out their grants.
Unlike the current and past programs
described, this proposed project will
focus on the development and
implementation of a structured program
of training for AIVRS personnel on
foundational VR knowledge and skills
in the provision of VR services to
American Indians with disabilities.
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Proposed Rules
During on-site and desk monitoring of
the AIVRS projects conducted over the
past few years, the Rehabilitation
Services Administration (RSA) has
observed that there is a need to help
AIVRS personnel to work more
effectively with individuals with
disabilities and to fulfill their roles as
VR counselors, VR technicians, and
program administrators. Three factors
contribute to this need. First, many of
the personnel employed by AIVRS
projects live in rural and remote
communities. While many of these
individuals have relevant experience in
social service fields, they often have not
had the opportunity to obtain formal
training in rehabilitation counseling.
Second, the remote location of many
AIVRS projects not only makes it
difficult for local personnel to obtain
further training due to distance and
cost, but it also makes it difficult to
recruit VR counselors from other areas
to work in AIVRS projects. Third, the
AIVRS program requires projects to give
a preference in employment to
American Indians, with a special
priority being given to American
Indians with disabilities. While
individuals who are American Indian
may be more effective as VR counselors
because they understand American
Indian cultural practices and norms,
this practice limits the hiring pool of VR
counselors and personnel.
Current AIVRS personnel could
benefit from a structured training
program focused on the VR process and
practices and the unique skills and
knowledge necessary to improve
employment outcomes for this
population. An important initiative that
supports this priority is the issuance of
the Presidential Memorandum on JobDriven Training for Workers that was
issued on January 30, 2014 (79 FR
7041). In particular, one of the
principles in section 1(b)(ii) of the
memorandum is that training programs
should provide ‘‘support for secondary
and post-secondary education and
training entities to equip individuals
with the skills, competencies, and
credentials necessary to help them
obtain jobs, increase earnings, and
advance their careers.’’
VR personnel require a better
understanding of: how various
disabilities impact an individual’s
ability to participate in competitive
employment, how to interview and
evaluate the eligibility of prospective
AIVRS consumers respectfully and
appropriately, how to develop a
reasonable and achievable
individualized plan for employment
(IPE), how to manage effectively the
services and supports provided to the
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individual identified in the IPE, how to
obtain and utilize accurate labor market
information to understand the skill
needs and demands of local employers,
and how to develop employment
opportunities to meet those demands
that are at appropriate skill levels and
consistent with the consumer’s
aspirations, as documented in their IPE.
VR personnel also need to understand
how job training, reasonable
accommodations, and assistive
technology help individuals with
disabilities to pursue, obtain, and retain
competitive employment. In addition,
program administrators would benefit
from training in areas such as financial
management and accountability,
performance measurement, and case
management. We believe that training in
these areas will better prepare AIVRS
personnel to provide appropriate,
effective, and culturally relevant VR
services to American Indians with
disabilities so that they can prepare for,
and engage in, gainful employment
consistent with their informed choice.
We also seek applications from
partnerships between a community or a
tribal college and a four-year IHE. We
believe that community colleges or
tribal colleges are uniquely suited to
provide this type of customized
instruction and that the involvement of
four-year IHEs will improve the
instruction by providing access to
additional resources. The four-year IHEs
can provide access to faculty who have
a breadth of knowledge and experience
in the field of VR in areas such as new
and emerging needs of VR consumers.
Four-year IHEs can also provide access
to and guide the use of labor market
information to communicate effectively
with VR consumers and employers
regarding information about the needs
of individuals with a range of
disabilities and who are from diverse
cultural backgrounds, assistive
technology services and devices, and
strategies for identifying employer skills
needs and demands.
In order to ensure that proposed
partnerships represent a workable,
ongoing commitment, we would require
that applications from partnerships
demonstrate that commitment by
providing a formal agreement detailing,
among other things, how the
partnership will operate and the
respective roles and obligations of the
participating institutions. We propose
these minimum requirements for the
agreements when inviting applications
for the competition.
References:
Obama, B.H. Presidential Memorandum on
Job-Driven Training for Workers. The
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White House, Office of the Press
Secretary. 30 Jan. 2014. Available at
https://www.gpo.gov/fdsys/pkg/FR-201402-05/pdf/2014-02624.pdf.
Proposed Priority 1:
The Assistant Secretary for Special
Education and Rehabilitative Services
proposes a priority to support the
establishment of one institute under
section 21(b)(2)(C) of the Rehabilitation
Act—the Vocational Rehabilitation
Training Institute for the Preparation of
Personnel in American Indian
Vocational Rehabilitation Services
Projects (the Institute). The Institute will
provide a structured training program in
VR to current AIVRS program personnel
to improve the delivery of VR services
to American Indians with disabilities.
The training program will consist of a
series of trainings specifically geared
towards building foundational skills
that, when satisfactorily completed, will
lead to a VR certificate awarded by the
Institute. The series of trainings may be
offered in-person, through distance
learning, or a combination of both
delivery methods. The Institute will
conduct an assessment both before and
after providing training for each
participant in order to assess strengths
and specific areas for improvement,
attainment and application of skills, and
any issues or challenges to be addressed
post-training to ensure improved
delivery of VR services to American
Indians with disabilities. The Institute
will provide follow-up TA to
participants to address any issues or
challenges identified post-training and
ensure that the training received is
applied effectively in their work setting.
Finally, the Institute will conduct an
evaluation to obtain feedback on the
training and follow-up TA provided and
to determine whether this improvement
contributed to increased employment
outcomes for American Indians with
disabilities.
The Department intends to award this
grant as a cooperative agreement to
ensure that there is substantial
involvement (i.e., significant
communication and collaboration)
between RSA and the grantee in
carrying out the activities of the
program (34 CFR 75.200(b)(4)).
In coordination with the Department,
the Institute must, in a culturally
appropriate manner:
(a) Develop a structured program of
training on foundational VR knowledge
and skills that will lead to AIVRS
personnel earning a VR certificate. The
training would include, at a minimum:
Vocational assessment, determination of
applicant eligibility, development of an
IPE, the acquisition and use of assistive
technology, and obtaining and utilizing
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up-to-date labor market information to
understand the local economy and
effectively match the skills of AIVRS
consumers with the needs of employers.
The Institute must provide culturally
relevant training that goes beyond
technical compliance with the statute
and regulations and focuses on
providing the basic foundational skills
necessary to improve counseling and VR
services provided by AIVRS personnel.
The training topics must include, at a
minimum:
(1) Introduction to VR: An orientation
to the field of VR addressing in general
terms the various disabilities a VR
counselor is apt to encounter working in
the AIVRS program. The training
developed by the Institute must teach
AIVRS personnel to understand the
nature of a significant disability and the
complexities a person with such a
disability experiences, as well as teach
how various disabilities affect an
individual’s ability to participate in
competitive employment;
(2) Effective communication with
AIVRS consumers including:
Approaches to, techniques for, and
relevant examples of developing trust
and rapport with individuals with a
disability, appropriate conduct when
engaging with individuals with a
disability, and interacting with members
of the tribal council;
(3) Effective communication with
business: Approaches to, techniques for,
and relevant examples of building and
maintaining relationships with
business. This includes educating
potential employers about how
reasonable accommodations and
assistive technology can be used to
support effectively the employment of
individuals with disabilities. The
Institute must also teach participants
how to obtain accurate labor market
information on available employment
opportunities in their State and local
area, and how to identify education,
technical requirements, and necessary
skill sets for the jobs available;
(4) Conducting a vocational
assessment and determining eligibility:
How to obtain and evaluate necessary
medical and other documentation and
the results of assessments that may have
been conducted by entities other than
the AIVRS program. The Institute must
teach AIVRS personnel how to use
appropriate assessment tools that assist
in determining an individual’s
eligibility for VR services and in
developing an IPE;
(5) Managing caseload: How to
manage cases so that information can be
retrieved and communicated to the
AIVRS consumer in a timely manner.
The Institute must teach AIVRS
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personnel how to create, manage, and
appropriately close consumer case files;
(6) Development of an IPE: How to
plan and provide VR services leading to
meaningful employment opportunities
that are at appropriate skill levels and
consistent with the consumer’s abilities,
interests, and informed choice; and
(7) Development of job seeking skills:
Approaches to, techniques for, and
relevant examples of improving job
seeking skills. This includes resume
preparation, practicing interview skills,
networking, navigating job sites,
targeting job searches, and other
effective skills that will lead to job
placement for AIVRS consumers.
(b) Develop a course syllabus that
describes the proposed sequence of
topical training.
(c) Develop a training module for one
of the seven topics in paragraph (a) to
serve as an example for how
participants will be trained in that area.
(d) Develop a recruitment and
retention plan that describes how the
Institute will conduct outreach and
recruitment efforts to enroll current
AIVRS personnel into the Institute.
Current AIVRS staff may nominate
themselves or be nominated by the
AIVRS project director to participate in
the Institute. The plan must also
describe how the Institute will provide
academic support and counseling for
AIVRS personnel to ensure successful
completion, as well as steps that will be
taken to provide assistance to AIVRS
personnel who are not performing to
their fullest potential in the Institute’s
training program.
(e) Identify innovative methods and
strategies for supporting AIVRS
personnel when they have completed
the training, including a plan for
maintaining regular contact with AIVRS
personnel upon successful program
completion and providing follow-up TA
on various situations and settings
encountered by AIVRS personnel in
working with American Indians with
disabilities, as well as TA on effective
programmatic and fiscal management of
an AIVRS project.
(f) Develop an assessment tool for use
by the Institute before and after the
training. The assessment must identify
the strengths and specific areas needing
improvement of participants prior to the
beginning of the training. In addition, 90
days after the training is completed, the
assessment must determine attainment
of skills, demonstrated application of
those skill sets, and any issues or
challenges for participating AIVRS
personnel that may impact improved
delivery of VR services to American
Indians with disabilities. The Institute
must administer the assessment tool and
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33489
provide a copy to participants. The
Institute must also ensure that the
results are reviewed with participating
AIVRS personnel and shared with their
respective Directors.
(g) Describe a plan to provide followup TA, either virtually or on-site, to
participants. The purpose is to ensure
that the training AIVRS personnel
received is applied effectively in their
work settings and addresses any issues
or challenges identified as a result of the
assessment that is conducted 90 days
after the training is completed.
(h) Describe how the Institute will be
evaluated. Such a description must
include:
(1) How the Institute will determine
its impact over a period of time on
improving the delivery of VR services to
American Indians with disabilities and
increasing employment outcomes;
(2) How input from AIVRS project
directors will be included in the
evaluation;
(3) How feedback from American
Indians with disabilities will be
included in the evaluation;
(4) How data on the number of
consumers served by the AIVRS
program from other sources on tribal VR
programs, such as those from the
Department, will be included in the
evaluation; and
(5) How the data and results from the
evaluation will be used to make
necessary adjustments and
improvements to the AIVRS program
and training of AIVRS personnel.
Proposed Priority 2:
Applications that propose
collaborations between a four-year IHE
and a two-year community college or
tribal college. The collaboration must be
demonstrated by a formal agreement.
The Secretary may require that the
formal agreement contains one or more
of the following:
(1) Signatures from the president and
chief financial officer of both parties.
(2) A plan demonstrating how the
collaboration will operate each year
during the five-year grant period of
performance. The plan must include
how information regarding the progress
of the grant, as well as any issues and
challenges will be communicated, and
what steps will be taken to resolve
conflicts.
(3) Roles, responsibilities, and
deliverables of each party.
(4) In-kind or financial contributions
from both parties.
(5) A plan to sustain the collaboration
and the structured training program
after the federal investment.
Types of Priorities:
When inviting applications for a
competition using one or more
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Proposed Rules
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 Priorities:
We will announce the final priorities
in a notice in the Federal Register. We
will determine the final priorities 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 these priorities, we invite applications
through a notice in the Federal Register.
Executive Orders 12866 and 13563
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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;
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(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 proposed
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 these proposed
priorities only upon a reasoned
determination that their benefits would
justify their costs. In choosing among
alternative regulatory approaches, we
selected those approaches that would
maximize net benefits. Based on the
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analysis that follows, the Department
believes that this regulatory action is
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action 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
appropriate and comprehensive VR
training for individuals working in the
AIVRS Projects cannot be
underestimated. Some staff do not
currently have sufficient knowledge and
skills in the field of VR. In addition, TA
to these projects after staff completes the
VR training will solidify the gains in
knowledge made by staff during
training. We believe AIVRS personnel
well-grounded in knowledge of VR
requirements and best practices will
result in better employment outcomes
for the American Indians with
disabilities whom the projects serve.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Proposed Rules
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: June 6, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. 2014–13648 Filed 6–10–14; 8:45 am]
BILLING CODE 4000–01–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 370
[Docket No. 14–CRB–0005 (RM)]
Notice and Recordkeeping for Use of
Sound Recordings Under Statutory
License
Copyright Royalty Board,
Library of Congress.
ACTION: Extension of Comment Period.
AGENCY:
The Copyright Royalty Judges
are extending the period for filing
comments on Notice and Recordkeeping
for Use of Sound Recordings Under
Statutory License.
DATES: The comment period on the
proposed rulemaking on Notice and
Recordkeeping for Use of Sound
Recordings Under Statutory License is
extended to June 30.
ADDRESSES: The Copyright Royalty
Board (CRB) prefers that comments and
reply comments be submitted
electronically to crb@loc.gov. In the
alternative, commenters shall send a
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SUMMARY:
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hard-copy original, five paper copies,
and an electronic copy on a CD either
by U.S. mail or hand delivery. The CRB
will not accept multiple submissions
from any commenter. Electronic
documents must be in either PDF format
containing accessible text (not an
image); Microsoft Word; WordPerfect;
Rich Text Format (RTF); or ASCII text
file format (not a scanned document).
Commenters MAY NOT submit
comments and reply comments by an
overnight delivery service other than the
U.S. Postal Service Express Mail. If
commenters choose to use the U.S.
Postal Service (including overnight
delivery), they must address their
comments and reply comments to:
Copyright Royalty Board, P.O. Box
70977, Washington, DC 20024–0977. If
commenters choose hand delivery by a
private party, they must direct their
comments and reply comments to the
Copyright Office Public Information
Office, Library of Congress, James
Madison Memorial Building, Room LM–
401, 101 Independence Avenue SE.,
Washington, DC 20559–6000. If
commenters choose delivery by
commercial courier, they must direct
their comments and reply comments to
the Congressional Courier Acceptance
Site located at 2nd and D Street NW.,
Washington, DC, on a normal business
day between 8:30 a.m. and 4 p.m. The
envelope must be addressed to:
Copyright Royalty Board, Library of
Congress, James Madison Memorial
Building, LM–401, 101 Independence
Avenue SE., Washington, DC 20559–
6000.
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys (202) 707–7658 or email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
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33491
Background
On May 2, 2014, the Copyright
Royalty Judges (‘‘Judges’’) published a
notice of proposed rulemaking
(‘‘NPRM’’) seeking comment on two
petitions for rulemaking.1 Comments
were due by June 2, 2014. Reply
comments were due by June 16, 2014.
On May 20, 2014, the National
Association of Broadcasters (‘‘NAB’’)
filed a motion with the Judges seeking
a 21-day extension of the comment
deadline. To support its request, NAB
argues, among other things, that
SoundExchange’s petition is detailed
and preparing a meaningful response
will require extensive fact-finding. NAB
also opines that there is no urgency in
addressing SoundExchange’s petition
since the current regulations have been
in place for years. Motion at 2.
In the interests of providing an ample
opportunity for all interested parties to
prepare a meaningful response to the
petitions, the Judges hereby extend the
deadline for comments on the petitions
to June 30, 2014. Reply comments, if
any, should be filed no later than
August 11, 2014.
Dated: May 22, 2014.
David R. Strickler,
Copyright Royalty Judge.
Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. 2014–13646 Filed 6–10–14; 8:45 am]
BILLING CODE 1410–72–P
1 79 FR 25038. One of the petitions was filed by
SoundExchange, Inc. The other, which was styled
as a motion for clarification, was filed by College
Broadcasters, Inc., American Council on Education
and Intercollegiate Broadcasting Systems, Inc.
(‘‘Petitioners’’). As discussed in the Federal
Register notice seeking comments on the proposals,
the Judges view the Petitioners’ proposal as seeking
a substantive change in the regulations, and
therefore treat the motion as a petition for
rulemaking.
E:\FR\FM\11JNP1.SGM
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Agencies
[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Proposed Rules]
[Pages 33486-33491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13648]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2014-OSERS-0024; CFDA Number: 84.315C.]
Proposed Priorities--Capacity Building Program for Traditionally
Underserved Populations--Vocational Rehabilitation Training Institute
for the Preparation of Personnel in American Indian Vocational
Rehabilitation Services Projects
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
[[Page 33487]]
ACTION: Proposed priorities.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes two priorities under the Capacity
Building Program for Traditionally Underserved Populations. The first
would establish a new vocational rehabilitation (VR) training institute
for the preparation of personnel in the American Indian Vocational
Rehabilitation Services (AIVRS) program. The second would encourage
applications submitted through a collaborative arrangement between a
four-year institution of higher education (IHE) and a two-year
community college or tribal college. The Assistant Secretary may use
these priorities for competitions in fiscal year (FY) 2014 and later
years. We take this action to improve the provision of VR services to,
and the employment outcomes of, American Indians with disabilities.
DATES: We must receive your comments on or before July 11, 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 Kristen Rhinehart, U.S. Department of Education, 400 Maryland
Avenue SW., Room 5027, Potomac Center Plaza (PCP), Washington, DC
20202-2800.
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: Kristen Rhinehart. Telephone: (202)
245-6103 or by email: kristen.rhinehart@ed.gov.
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:
Invitation to Comment: We invite you to submit comments regarding
these proposed priorities. To ensure that your comments have maximum
effect in developing the final priorities, we urge you to identify
clearly the specific section of the priority 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 these
proposed priorities. 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 notice in room 5027, 550 12th Street SW., PCP,
Washington, DC 20202-2800, between the hours of 8:30 a.m. and 4 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 Capacity Building Program for Traditionally
Underserved Populations under section 21(b)(2)(C) of the Rehabilitation
Act, as amended (29 U.S.C. 718(b)(2)(C)) provides outreach and
technical assistance (TA) to minority entities and American Indian
tribes to promote their participation in activities funded under the
Rehabilitation Act, including assistance to enhance their capacity to
carry out such activities.
Program Authority: 29 U.S.C. 718(b)(2)(C).
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80,
81, 82, 84,and 97. (b) The Department of Education debarment and
suspension regulations at 2 CFR part 3485.
Proposed Priorities:
This notice contains two proposed priorities.
Priority 1: Vocational Rehabilitation Training Institute for the
Preparation of Personnel in American Indian Vocational Rehabilitation
Services Projects.
Priority 2: Applications that propose collaborations, which must be
demonstrated by formal agreements, between four-year institutions of
higher education and two-year community colleges or tribal colleges.
Background:
The AIVRS program, authorized under section 121 of the
Rehabilitation Act of 1973, as amended (Rehabilitation Act), is funded
through a mandatory set-aside of the VR State Grants program. Because
funds set aside for the AIVRS program increase at the same rate as the
VR State Grants program, the number of AIVRS projects has increased
from 69 to 85 over the last 10 years. However, section 121 of the
Rehabilitation Act does not provide authority to use AIVRS funds to
provide training and TA to the growing number of AIVRS projects. Thus,
the Department has used the resources available through the set-aside
authority in section 21 of the Rehabilitation Act to provide TA under
the Capacity Building Program for Traditionally Underserved
Populations.
Although beneficial, the current and past TA projects differ from
the training and TA to be provided through this proposed project. The
current AIVRS TA project, the TVR Circle, (Tribal Vocational
Rehabilitation Continuous Improvement of Rehabilitation Counselors,
Leaders, and Educators (CFDA 84.406)), provides concentrated short-term
training in specific areas such as managing expenditures, determining
what constitutes an allowable service, and understanding performance
report requirements. The TVR Circle was not designed to provide the
scope and sequence of training that is intended for this proposed
project. The Department also recently supported AIVRS Capacity Building
projects (Capacity Building for Minority Entities (CFDA 84.315D)) that
focused on providing training and TA to current and potential AIVRS
grantees to improve their grant writing and ability to compete for an
AIVRS grant. The Capacity Building for Minority Entities projects also
provided TA for first-time grant recipients in order to increase their
ability to carry out their grants. Unlike the current and past programs
described, this proposed project will focus on the development and
implementation of a structured program of training for AIVRS personnel
on foundational VR knowledge and skills in the provision of VR services
to American Indians with disabilities.
[[Page 33488]]
During on-site and desk monitoring of the AIVRS projects conducted
over the past few years, the Rehabilitation Services Administration
(RSA) has observed that there is a need to help AIVRS personnel to work
more effectively with individuals with disabilities and to fulfill
their roles as VR counselors, VR technicians, and program
administrators. Three factors contribute to this need. First, many of
the personnel employed by AIVRS projects live in rural and remote
communities. While many of these individuals have relevant experience
in social service fields, they often have not had the opportunity to
obtain formal training in rehabilitation counseling. Second, the remote
location of many AIVRS projects not only makes it difficult for local
personnel to obtain further training due to distance and cost, but it
also makes it difficult to recruit VR counselors from other areas to
work in AIVRS projects. Third, the AIVRS program requires projects to
give a preference in employment to American Indians, with a special
priority being given to American Indians with disabilities. While
individuals who are American Indian may be more effective as VR
counselors because they understand American Indian cultural practices
and norms, this practice limits the hiring pool of VR counselors and
personnel.
Current AIVRS personnel could benefit from a structured training
program focused on the VR process and practices and the unique skills
and knowledge necessary to improve employment outcomes for this
population. An important initiative that supports this priority is the
issuance of the Presidential Memorandum on Job-Driven Training for
Workers that was issued on January 30, 2014 (79 FR 7041). In
particular, one of the principles in section 1(b)(ii) of the memorandum
is that training programs should provide ``support for secondary and
post-secondary education and training entities to equip individuals
with the skills, competencies, and credentials necessary to help them
obtain jobs, increase earnings, and advance their careers.''
VR personnel require a better understanding of: how various
disabilities impact an individual's ability to participate in
competitive employment, how to interview and evaluate the eligibility
of prospective AIVRS consumers respectfully and appropriately, how to
develop a reasonable and achievable individualized plan for employment
(IPE), how to manage effectively the services and supports provided to
the individual identified in the IPE, how to obtain and utilize
accurate labor market information to understand the skill needs and
demands of local employers, and how to develop employment opportunities
to meet those demands that are at appropriate skill levels and
consistent with the consumer's aspirations, as documented in their IPE.
VR personnel also need to understand how job training, reasonable
accommodations, and assistive technology help individuals with
disabilities to pursue, obtain, and retain competitive employment. In
addition, program administrators would benefit from training in areas
such as financial management and accountability, performance
measurement, and case management. We believe that training in these
areas will better prepare AIVRS personnel to provide appropriate,
effective, and culturally relevant VR services to American Indians with
disabilities so that they can prepare for, and engage in, gainful
employment consistent with their informed choice.
We also seek applications from partnerships between a community or
a tribal college and a four-year IHE. We believe that community
colleges or tribal colleges are uniquely suited to provide this type of
customized instruction and that the involvement of four-year IHEs will
improve the instruction by providing access to additional resources.
The four-year IHEs can provide access to faculty who have a breadth of
knowledge and experience in the field of VR in areas such as new and
emerging needs of VR consumers. Four-year IHEs can also provide access
to and guide the use of labor market information to communicate
effectively with VR consumers and employers regarding information about
the needs of individuals with a range of disabilities and who are from
diverse cultural backgrounds, assistive technology services and
devices, and strategies for identifying employer skills needs and
demands.
In order to ensure that proposed partnerships represent a workable,
ongoing commitment, we would require that applications from
partnerships demonstrate that commitment by providing a formal
agreement detailing, among other things, how the partnership will
operate and the respective roles and obligations of the participating
institutions. We propose these minimum requirements for the agreements
when inviting applications for the competition.
References:
Obama, B.H. Presidential Memorandum on Job-Driven Training for
Workers. The White House, Office of the Press Secretary. 30 Jan.
2014. Available at https://www.gpo.gov/fdsys/pkg/FR-2014-02-05/pdf/2014-02624.pdf.
Proposed Priority 1:
The Assistant Secretary for Special Education and Rehabilitative
Services proposes a priority to support the establishment of one
institute under section 21(b)(2)(C) of the Rehabilitation Act--the
Vocational Rehabilitation Training Institute for the Preparation of
Personnel in American Indian Vocational Rehabilitation Services
Projects (the Institute). The Institute will provide a structured
training program in VR to current AIVRS program personnel to improve
the delivery of VR services to American Indians with disabilities. The
training program will consist of a series of trainings specifically
geared towards building foundational skills that, when satisfactorily
completed, will lead to a VR certificate awarded by the Institute. The
series of trainings may be offered in-person, through distance
learning, or a combination of both delivery methods. The Institute will
conduct an assessment both before and after providing training for each
participant in order to assess strengths and specific areas for
improvement, attainment and application of skills, and any issues or
challenges to be addressed post-training to ensure improved delivery of
VR services to American Indians with disabilities. The Institute will
provide follow-up TA to participants to address any issues or
challenges identified post-training and ensure that the training
received is applied effectively in their work setting. Finally, the
Institute will conduct an evaluation to obtain feedback on the training
and follow-up TA provided and to determine whether this improvement
contributed to increased employment outcomes for American Indians with
disabilities.
The Department intends to award this grant as a cooperative
agreement to ensure that there is substantial involvement (i.e.,
significant communication and collaboration) between RSA and the
grantee in carrying out the activities of the program (34 CFR
75.200(b)(4)).
In coordination with the Department, the Institute must, in a
culturally appropriate manner:
(a) Develop a structured program of training on foundational VR
knowledge and skills that will lead to AIVRS personnel earning a VR
certificate. The training would include, at a minimum: Vocational
assessment, determination of applicant eligibility, development of an
IPE, the acquisition and use of assistive technology, and obtaining and
utilizing
[[Page 33489]]
up-to-date labor market information to understand the local economy and
effectively match the skills of AIVRS consumers with the needs of
employers. The Institute must provide culturally relevant training that
goes beyond technical compliance with the statute and regulations and
focuses on providing the basic foundational skills necessary to improve
counseling and VR services provided by AIVRS personnel. The training
topics must include, at a minimum:
(1) Introduction to VR: An orientation to the field of VR
addressing in general terms the various disabilities a VR counselor is
apt to encounter working in the AIVRS program. The training developed
by the Institute must teach AIVRS personnel to understand the nature of
a significant disability and the complexities a person with such a
disability experiences, as well as teach how various disabilities
affect an individual's ability to participate in competitive
employment;
(2) Effective communication with AIVRS consumers including:
Approaches to, techniques for, and relevant examples of developing
trust and rapport with individuals with a disability, appropriate
conduct when engaging with individuals with a disability, and
interacting with members of the tribal council;
(3) Effective communication with business: Approaches to,
techniques for, and relevant examples of building and maintaining
relationships with business. This includes educating potential
employers about how reasonable accommodations and assistive technology
can be used to support effectively the employment of individuals with
disabilities. The Institute must also teach participants how to obtain
accurate labor market information on available employment opportunities
in their State and local area, and how to identify education, technical
requirements, and necessary skill sets for the jobs available;
(4) Conducting a vocational assessment and determining eligibility:
How to obtain and evaluate necessary medical and other documentation
and the results of assessments that may have been conducted by entities
other than the AIVRS program. The Institute must teach AIVRS personnel
how to use appropriate assessment tools that assist in determining an
individual's eligibility for VR services and in developing an IPE;
(5) Managing caseload: How to manage cases so that information can
be retrieved and communicated to the AIVRS consumer in a timely manner.
The Institute must teach AIVRS personnel how to create, manage, and
appropriately close consumer case files;
(6) Development of an IPE: How to plan and provide VR services
leading to meaningful employment opportunities that are at appropriate
skill levels and consistent with the consumer's abilities, interests,
and informed choice; and
(7) Development of job seeking skills: Approaches to, techniques
for, and relevant examples of improving job seeking skills. This
includes resume preparation, practicing interview skills, networking,
navigating job sites, targeting job searches, and other effective
skills that will lead to job placement for AIVRS consumers.
(b) Develop a course syllabus that describes the proposed sequence
of topical training.
(c) Develop a training module for one of the seven topics in
paragraph (a) to serve as an example for how participants will be
trained in that area.
(d) Develop a recruitment and retention plan that describes how the
Institute will conduct outreach and recruitment efforts to enroll
current AIVRS personnel into the Institute. Current AIVRS staff may
nominate themselves or be nominated by the AIVRS project director to
participate in the Institute. The plan must also describe how the
Institute will provide academic support and counseling for AIVRS
personnel to ensure successful completion, as well as steps that will
be taken to provide assistance to AIVRS personnel who are not
performing to their fullest potential in the Institute's training
program.
(e) Identify innovative methods and strategies for supporting AIVRS
personnel when they have completed the training, including a plan for
maintaining regular contact with AIVRS personnel upon successful
program completion and providing follow-up TA on various situations and
settings encountered by AIVRS personnel in working with American
Indians with disabilities, as well as TA on effective programmatic and
fiscal management of an AIVRS project.
(f) Develop an assessment tool for use by the Institute before and
after the training. The assessment must identify the strengths and
specific areas needing improvement of participants prior to the
beginning of the training. In addition, 90 days after the training is
completed, the assessment must determine attainment of skills,
demonstrated application of those skill sets, and any issues or
challenges for participating AIVRS personnel that may impact improved
delivery of VR services to American Indians with disabilities. The
Institute must administer the assessment tool and provide a copy to
participants. The Institute must also ensure that the results are
reviewed with participating AIVRS personnel and shared with their
respective Directors.
(g) Describe a plan to provide follow-up TA, either virtually or
on-site, to participants. The purpose is to ensure that the training
AIVRS personnel received is applied effectively in their work settings
and addresses any issues or challenges identified as a result of the
assessment that is conducted 90 days after the training is completed.
(h) Describe how the Institute will be evaluated. Such a
description must include:
(1) How the Institute will determine its impact over a period of
time on improving the delivery of VR services to American Indians with
disabilities and increasing employment outcomes;
(2) How input from AIVRS project directors will be included in the
evaluation;
(3) How feedback from American Indians with disabilities will be
included in the evaluation;
(4) How data on the number of consumers served by the AIVRS program
from other sources on tribal VR programs, such as those from the
Department, will be included in the evaluation; and
(5) How the data and results from the evaluation will be used to
make necessary adjustments and improvements to the AIVRS program and
training of AIVRS personnel.
Proposed Priority 2:
Applications that propose collaborations between a four-year IHE
and a two-year community college or tribal college. The collaboration
must be demonstrated by a formal agreement. The Secretary may require
that the formal agreement contains one or more of the following:
(1) Signatures from the president and chief financial officer of
both parties.
(2) A plan demonstrating how the collaboration will operate each
year during the five-year grant period of performance. The plan must
include how information regarding the progress of the grant, as well as
any issues and challenges will be communicated, and what steps will be
taken to resolve conflicts.
(3) Roles, responsibilities, and deliverables of each party.
(4) In-kind or financial contributions from both parties.
(5) A plan to sustain the collaboration and the structured training
program after the federal investment.
Types of Priorities:
When inviting applications for a competition using one or more
[[Page 33490]]
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 Priorities:
We will announce the final priorities in a notice in the Federal
Register. We will determine the final priorities 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 these priorities, 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 proposed 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 these proposed priorities only upon a reasoned
determination that their benefits would justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that would maximize net benefits. Based on the analysis that
follows, the Department believes that this regulatory action is
consistent with the principles in Executive Order 13563.
We also have determined that this regulatory action 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 appropriate and comprehensive VR training for
individuals working in the AIVRS Projects cannot be underestimated.
Some staff do not currently have sufficient knowledge and skills in the
field of VR. In addition, TA to these projects after staff completes
the VR training will solidify the gains in knowledge made by staff
during training. We believe AIVRS personnel well-grounded in knowledge
of VR requirements and best practices will result in better employment
outcomes for the American Indians with disabilities whom the projects
serve.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program contact person
listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must
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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: June 6, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2014-13648 Filed 6-10-14; 8:45 am]
BILLING CODE 4000-01-P