Proposed Priority-Rehabilitation Training: Institute on Rehabilitation Issues, 30011-30015 [2015-12510]
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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules
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[FR Doc. 2015–12553 Filed 5–22–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
FOR FURTHER INFORMATION CONTACT:
34 CFR Chapter III
[Docket ID ED–2015–OSERS–0035]
Proposed Priority—Rehabilitation
Training: Institute on Rehabilitation
Issues
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
[CFDA Number: 84.264C.]
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority to establish
a topical Institute on Rehabilitation
Issues (IRI). The Assistant Secretary may
use this priority for competitions in
fiscal year (FY) 2015 and later years. We
take this action to provide training and
technical assistance (TA) to improve the
capacity of State Vocational
Rehabilitation (VR) agencies and their
partners to equip individuals with
disabilities with the skills and
competencies necessary to help them
obtain competitive integrated
employment.
SUMMARY:
We must receive your comments
on or before June 25, 2015.
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
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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 RhinehartFernandez, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5027, Potomac Center Plaza
(PCP), Washington, DC 20202–2800.
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Kristen Rhinehart-Fernandez.
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 this
notice. To ensure that your comments
have maximum effect in developing the
notice of final priority, we urge you to
identify clearly the specific section of
the proposed 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 this proposed priority.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
During and after the comment period,
you may inspect all public comments
about these proposed regulations by
accessing Regulations.gov. You may also
inspect the comments in person in
Room 5042, 550 12th Street SW., PCP,
Washington, DC 20202–2800, between
the hours of 8:30 a.m. and 4:00 p.m.,
Washington, DC time, Monday through
Friday of each week except Federal
holidays. Please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
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
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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: Under the
Rehabilitation Act of 1973, as amended
(the Rehabilitation Act), the
Rehabilitation Services Administration
(RSA) makes grants to States and public
or nonprofit agencies and organizations
(including institutions of higher
education) to support projects that
provide training, traineeships, and TA
designed to increase the numbers of,
and improve the skills of, qualified
personnel (especially rehabilitation
counselors) who are trained to: Provide
vocational, medical, social, and
psychological rehabilitation services to
individuals with disabilities; assist
individuals with communication and
related disorders; and provide other
services authorized under the
Rehabilitation Act.
Program Authority: 29 U.S.C. 772(a)(1).
Applicable Program Regulations: 34
CFR part 385.
Proposed Priority: This notice
contains one proposed priority.
Institute on Rehabilitation Issues.
Background: For more than 55 years,
the Institute on Rehabilitation Issues
(IRI) has been a national forum for
discussing the important challenges
facing the State VR Services Program.
The IRI has also developed publications
for use in training and TA for VR
counselors, consumers, administrators,
and other partners in the VR process. IRI
publications have provided a unique
perspective on emerging issues and
promising practices in VR and are
widely used by counselors and
supervisors, human resource
development (HRD) specialists,
community-based rehabilitation service
providers, administrators, researchers,
and education and policy analysts (The
George Washington University and
University of Arkansas CURRENTS,
2015).
The Workforce Innovation and
Opportunity Act of 2014 (WIOA) places
a greater emphasis on incorporating jobdriven training approaches into the VR
service delivery system and on
increasing employment outcomes for
individuals with disabilities. One of
these approaches includes working with
employers to create on-the-job training
opportunities that are responsive to the
needs of employers and that provide
individuals with skills that they need to
obtain competitive integrated
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employment (Biden, 2014). An IRI that
concentrates on the topic of on-the-job
training activities for individuals with
disabilities, such as paid internships,
pre-apprenticeships, and registered
apprenticeships, is both timely and
critical for assisting State VR agencies in
successfully incorporating job-driven
training approaches.
Individuals with disabilities continue
to be underrepresented in the general
workforce as well as in high-growth
industries. Recent estimates reported by
the Bureau of Labor Statistics (BLS)
from the Current Employment Statistics
Survey (February 2015), show a labor
force participation rate of 31.1 percent
for people with disabilities ages 16 to
64, compared to 75.7 percent for people
without disabilities. Similarly, the
unemployment rate for people with
disabilities (12.2 percent) is more than
double the rate for people without
disabilities (5.7 percent). In addition,
analyses conducted by the Council of
Economic Advisors that matched BLS
2012–2022 occupational projections
with 2010–2012 American Community
Survey data (Disability Community
Project) revealed that people with
disabilities who are employed tend to be
in low-paying occupations and are
overrepresented in slower-growing and
declining occupations, which lowers
their projected employment growth rate.
People with disabilities are also
underrepresented in 16 of the top 20
fastest-growing occupations.
Despite these trends, information
indicates that there is substantial
potential for job growth among people
with disabilities in well-paying
occupations over the coming decade.
However, whether such potential will
be realized depends in part on such
factors as public and corporate policies
regarding access to appropriate
education, computer skills, and other
training; disability income policies; and
the availability of workplace
accommodations and other employment
supports.
Research demonstrates that when
students with disabilities participate in
internships they increase their
motivation to work toward a career,
their knowledge of career options, their
job skills, their ability to work with
supervisors and coworkers, and their
knowledge of accommodation strategies
(Burgstahler and Bellman, 2009).
Furthermore, apprenticeships are a
proven path to employment and the
middle class: 87 percent of apprentices
are employed after completing their
programs, and the average starting wage
for apprenticeship graduates is over
$50,000. Studies from other countries
show that employers reap an average
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return of $1.47 in increased productivity
and performance for every dollar they
invest in apprenticeships.
Unfortunately, too few American
workers and employers have access to
this proven training solution to prepare
for better careers or to meet their needs
for a skilled workforce (Biden, 2014).
The IRI would provide State VR
agencies with the tools and TA they
need to connect individuals with
disabilities to on-the-job training
experiences in areas of growth or
projected growth that align with their
skill sets and interests and the needs
and demands of business and industry.
References:
Biden, J. (2014). Ready to Work: Job-Driven
Training and American Opportunity,
July 2014. Available at:
www.whitehouse.gov/sites/default/files/
skills_report_072014_2.pdf.
Burgstahler, S. and Bellman, S. (2009).
Differences in Perceived Benefits of
Internships for Subgroups of Students
with Disabilities. Journal of Vocational
Rehabilitation, 31, 155–165.
The George Washington University and the
University of Arkansas Center for the
Utilization of Rehabilitation Resources
for Education, Networking, Training and
Service Institute on Rehabilitation Issues
(UACURRENTS) (2015). Institute on
Rehabilitation Issues. Available at:
www.iriforum.org/mission.aspx.
U.S. Department of Labor (DOL). (2015).
Economic New Release: Table A–6.
Employment status of the civilian
population by sex, age and disability
status, not seasonally adjusted. Available
at: www.bls.gov/news.release/
empsit.t06.htm.
U.S. Department of Labor (DOL), Office of
Disability Employment Policy (ODEP).
New Disability Employment Data
Resources. Economic Picture of the
Disability Community Project. Available
at: www.dol.gov/odep/topics/Disability
EmploymentStatistics.htm.
Proposed Priority: The purpose of this
priority is to fund a two-year
cooperative agreement to establish a
topical Institute on Rehabilitation Issues
(IRI) that concentrates on the subject of
on-the-job training activities for
individuals with disabilities, such as
paid internships, pre-apprenticeships,
and registered apprenticeships. As a
result of this concentrated IRI, State VR
agencies will gain practical knowledge
and technical assistance (TA) resources
needed to increase the number of workbased learning experiences for
individuals with disabilities in highgrowth fields that lead to competitive
integrated employment,’’ as that term is
defined in section 7(5) of the
Rehabilitation Act of 1973, as amended.
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Project Activities
Under this priority, the IRI must, at a
minimum, conduct the following
activities:
Knowledge Development Activities.
(a) Within the first year, conduct a
survey of State VR agencies and their
partners to ascertain the number and
types of on-the-job training activities
currently available to individuals with
disabilities and the outcomes associated
with completion of those activities.
(1) Collect, at a minimum, the
following data:
(i) The number of individuals with
disabilities who are currently engaged
in on-the-job training activities;
(ii) The specific types of on-the-job
training activities the individuals
referred to in paragraph (a)(1)(i) are
participating in, such as paid
internships, pre-apprenticeships, and
registered apprenticeships;
(iii) The number of individuals with
disabilities who participated in on-thejob-training activities in the last 36
months;
(iv) The number of individuals with
disabilities who successfully completed
on-the-job training activities in the last
36 months, including the specific types
of the on-the-job training;
(v) The number of individuals with
disabilities who obtained competitive
integrated employment in the last 36
months after successfully completing
on-the-job training activities;
(vi) The number of individuals with
disabilities who did not successfully
complete on-the-job training activities
in the last 36 months;
(vii) The number of State VR agency
referrals to on-the-job training activities
in the last 36 months;
(viii) The number of on-the-job
training activities developed through
partnerships between the State VR
agencies and businesses in the last 36
months;
(ix) The average length of time an
individual with a disability participated
in an on-the-job training activity in the
last 36 months; and
(x) The industries represented in the
on-the-job training activities.
(2) By the end of the first year,
identify any State VR agencies that have
not responded to the survey and followup with those agencies in order to
ensure at least a 75 percent response
rate.
(b) In the beginning of the second
year, follow up with State VR agencies
that indicated that on-the-job training
activities were developed through
partnerships between the State VR
agencies and businesses to collect:
(1) Promising practices for creating,
implementing, sustaining, and
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evaluating on-the-job training
experiences for individuals with
disabilities; and
(2) Information about how on-the-job
training activities have supported
employer efforts to hire individuals
with disabilities.
(c) In the beginning of the second
year, follow up with State VR Agencies
that indicated that individuals with
disabilities did not successfully
complete on-the-job training activities to
identify challenges or barriers that
prevented successful completion of onthe-job training activities.
(d) In the second year, conduct an
analysis of the survey results and any
additional information collected
through follow-up and develop a
summary report.
(e) Within the first year, complete a
literature review.
(1) The literature review must gather,
at a minimum:
(i) Promising practices and examples
for creating, implementing, sustaining,
and evaluating on-the-job training
activities for individuals with
disabilities;
(ii) Qualitative or quantitative data
about how on-the-job training activities
have supported employer efforts to hire
individuals with disabilities; and
(iii) Data on increased employment
and retention outcomes that occurred
after completing on-the-job training
activities, especially for individuals
with disabilities.
(2) The literature review must
consider the following resources:
(i) Curriculum guides developed by
RSA’s Job-Driven Vocational
Rehabilitation Technical Assistance
Center (JDVRTAC), as available;
(ii) The Vice President’s report,
‘‘Ready to Work: Job-Driven Training
and American Opportunity,’’ July 2014;
(iii) New disability employment data
resources including, but not limited to,
the Economic Picture of the Disability
Community Project developed by the
Office of Disability Employment Policy
(ODEP); and
(iv) Other relevant data sources and
publications including, but not limited
to, promising practices and examples of
on-the-job training experiences
developed through the public workforce
development system, as well as through
public-private partnerships.
(f) Within the first six months of the
second year, develop a compendium
designed for use by all levels of State VR
agency personnel. The compendium
must, at a minimum:
(1) Include promising practices,
publications, examples, and other
relevant materials that will support
State VR agencies in creating,
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implementing, sustaining, and
evaluating on-the-job training activities
for individuals with disabilities;
(2) Compare and contrast the data
collected from the survey conducted in
the first year of the grant with any
research and data collected from the
literature review so that State VR
agencies can assess their progress
towards incorporating job-driven
training approaches into their service
delivery system and increasing
employment outcomes for individuals
with disabilities; and
(3) Include examples of how on-thejob training activities have supported
employer efforts to hire individuals
with disabilities.
Technical Assistance and
Dissemination Activities
(a) Provide two TA Webinars that are
recorded, archived, and made available
to State VR agencies, providers of
training, and relevant partners. The
Webinars must focus on the survey that
must be conducted within the first year
of the grant and include detail such as
the purpose of the survey, its design and
methodology, the process for
disseminating the survey, instructions
for completing the survey, the
submission deadline, and the timeline
for conducting any necessary follow-up,
analyzing the responses, and developing
a report. The Webinars must also serve
as a vehicle for gathering input and
feedback and answering questions.
(b) Provide two TA Webinars that are
recorded, archived, and made available
to State VR agencies, providers of
training, and relevant partners that
detail the results and analyses of the
survey of the current status of existing
on-the-job training activities for
individuals with disabilities in State VR
agencies, as well as how State VR
agencies might use this data to inform
their job-driven activities.
(c) Collect input and feedback on the
draft compendium. The project must
use a variety of vehicles, such as
Webinars, teleconferences, online
forums, and focus groups to engage
State VR agencies, providers of training,
and relevant partners in this process.
(d) Provide two TA Webinars that are
recorded, archived, and made available
to State VR agencies, providers of
training, and relevant partners that
highlight promising practices,
publications, examples, and resource
materials contained in the compendium.
(e) Provide two TA Webinars that are
recorded, archived, and made available
to State VR agencies, providers of
training, and relevant partners and that
feature real-world examples of
successful on-the-job training activities
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for individuals with disabilities created
through public-private partnerships and
outcomes resulting from those activities.
The Webinars also must include
examples of how on-the-job training
activities have supported employer
efforts to hire individuals with
disabilities.
(f) Ensure that all products (i.e.,
survey results, compendium, TA
Webinars) developed are widely
disseminated to counselors and
supervisors, Human Resource
Development (HRD) specialists,
community-based rehabilitation service
providers, administrators, researchers,
education and policy analysts, and other
RSA job-driven projects, such as the
JDVRTAC. To the extent possible, track
the number and type of product
recipients.
(g) Ensure that all products are made
available in accessible formats and
submitted to the National Clearinghouse
on Rehabilitation Training Materials
(NCRTM).
Coordination Activities
(a) Establish and maintain an on-thejob training community of practice
through the NCRTM as a vehicle for
communication, exchange of
information, and dissemination of
products and as a forum for collecting
promising practices in implementing,
sustaining, and evaluating on-the-job
training activities.
(b) Obtain regular input and feedback
from State VR agencies, providers of
training, partners, such as the Council of
State Administrators of Vocational
Rehabilitation (CSAVR) and CSAVR’s
National Employment Team (the NET),
the National Council of State Agencies
for the Blind (NCSAB), the JDVRTAC,
and other relevant entities in the survey
and literature review, as well as in the
development and dissemination of the
survey analysis and the compendium
described in this priority.
(c) Maintain ongoing communication
with RSA.
Application Requirements
To be funded under this priority,
applicants must meet the application
requirements in this priority. RSA
encourages innovative approaches to
meet these requirements, which are:
(a) Demonstrate in the narrative
section of the application under
‘‘Significance of the Proposed Project’’
how the proposed project will address
State VR agencies’ capacity to develop
on-the-job training activities for
individuals with disabilities that reflect
the current and future demands of the
labor market. To meet this requirement,
the applicant must:
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(1) Demonstrate knowledge of today’s
labor market, including current and
projected areas of job growth and
knowledge, skills, and experiences that
are needed in order to meet the needs
and demands of business and industry;
(2) Demonstrate knowledge of
innovative or promising practices in
building and maintaining effective onthe-job training activities, especially for
individuals with disabilities; and
(3) Demonstrate the extent to which
the proposed project is likely to build
the capacity of State VR agencies to
provide, strengthen, and increase the
number of on-the-job training activities
for individuals with disabilities.
(b) Demonstrate, in the narrative
section of the application under
‘‘Quality of Project Services,’’ how the
proposed project will achieve its goals,
objectives, and intended outcomes. To
meet this requirement, the applicant
must:
(1) Provide a detailed plan for how
the proposed project will conduct the
activities required in this priority. The
plan must include a description of the
design and methodology that will be
used to survey State VR agencies in the
first year, rationale to support the
survey design and methodology, a
strategy for disseminating the survey to
all State VR agencies, a strategy to
ensure a 75 percent survey response
rate, and an approach for conducting
follow-up with State VR agencies;
(2) Demonstrate the extent to which
the project activities reflect innovative
and up-to-date approaches, methods,
technologies, and effective practices;
(3) Demonstrate how the literature
review will identify and incorporate
promising practices and examples of the
use of on-the-job training gathered from
the public workforce development
system and from business and industry
in creating, implementing, sustaining,
and evaluating on-the-job training
activities for individuals with
disabilities;
(4) Demonstrate how the project will
collect Web analytics, including the
number of registrants and their
respective agencies or associations, and
conduct a survey immediately following
the Webinars to measure the quality,
relevance, and usefulness of the
training; and
(5) Demonstrate the extent to which
the project services are maximized
through collaboration with the partners
and stakeholders discussed in this
priority.
(c) Demonstrate, in the narrative
section of the application under
‘‘Adequacy of Project Resources,’’ how
the proposed key project personnel,
consultants, and subaward recipients
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have the qualifications and experience
to perform the activities to provide State
VR agencies with the tools and
resources they need to increase the onthe-job training activities for individuals
with disabilities. To meet this
requirement, the applicant must
demonstrate that:
(1) The applicant and any key
partners possess adequate resources to
carry out the proposed activities; and
(2) The proposed costs are reasonable
in relation to the anticipated results and
benefits.
(d) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Management Plan,’’ how
the proposed management plan will
ensure that the project’s intended
outcomes will be achieved on time and
within budget. To address this
requirement, the applicant must
describe—
(1) Clearly defined roles and
responsibilities for key project
personnel, consultants, and subawards,
as applicable;
(2) Timelines and milestones for
accomplishing the project tasks;
(3) Key project personnel and any
consultants, key partners, and subaward
recipients that will be allocated to the
project, their respective level of effort
designated for the project, and how
these allocations are appropriate and
adequate to achieve the project’s
intended outcomes, including an
assurance that all personnel will
communicate with stakeholders and
RSA in a timely fashion;
(4) How the proposed management
plan will ensure that the knowledge
development, TA, dissemination, and
coordination activities and the
developed products are of high quality;
and
(5) The diversity of perspectives,
including those of counselors and
supervisors, HRD specialists,
community-based rehabilitation service
providers, administrators, researchers,
and education and policy analysts that
the project will consider in its design
making process.
Types of Priorities:
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
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application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Final Priority: We will announce the
final priority in a notice in the Federal
Register. We will determine the final
priority after considering responses to
this notice and other information
available to the Department. This notice
does not preclude us from proposing
additional priorities, requirements,
definitions, or selection criteria, subject
to meeting applicable rulemaking
requirements.
Note: This notice does not solicit
applications. In any year in which we
choose to use this priority, we invite
applications through a notice in the
Federal Register.
Executive Orders 12866 and 13563
Paperwork Reduction Act of 1995
As part of its continuing effort to
reduce paperwork and respondent
burden, the Department conducts a
preclearance consultation program to
provide the general public and Federal
agencies with an opportunity to
comment on proposed and continuing
collections of information in accordance
with the Paperwork Reduction Act of
1995 (PRA) (44 U.S.C. 3506(c)(2)(A)).
This helps ensure that the public
understands the Department’s collection
instructions, respondents can provide
the requested data in the desired format,
reporting burden (time and financial
resources) is minimized, collection
instruments are clearly understood, and
the Department can properly assess the
impact of collection requirements on
respondents.
This proposed priority contains
information collection requirements that
are approved by OMB under OMB
control number 1820–0018; this
proposed regulation does not affect the
currently approved data collection.
Regulatory Impact Analysis
Under Executive Order 12866, the
Secretary must determine whether this
proposed regulatory action is
‘‘significant’’ and, therefore, subject to
the requirements of the Executive order
and subject to review by the Office of
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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
on 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
VerDate Sep<11>2014
15:06 May 22, 2015
Jkt 235001
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this proposed priority
only on a reasoned determination that
its benefits would justify its costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that would maximize net
benefits. Based on the analysis that
follows, the Department believes that
this 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.
We propose to fund through this
priority TA to State VR agencies to
improve the quality of VR services and
ultimately the number and quality of
their employment outcomes. This
proposed priority would promote the
efficient and effective use of Federal
funds.
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
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
30015
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: May 18, 2015.
Sue Swenson,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. 2015–12510 Filed 5–22–15; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0816; FRL–9928–23–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Nonattainment New Source
Review; Emission Offset Provisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
disapprove a State Implementation Plan
(SIP) revision submitted by the
Delaware Department of Natural
Resources and Environmental Control
(DNREC) for the State of Delaware on
October 15, 2013. EPA is proposing this
action because the submittal does not
satisfy the requirements of Clean Air
Act (CAA) or the Federal implementing
regulations, which establish the criteria
under which the owner or operator of a
new or modified major stationary source
must obtain the required emission
offsets ‘‘from the same source or other
sources in the same nonattainment
area’’ with limited exceptions, for
Delaware’s nonattainment New Source
Review (NSR) preconstruction
permitting program. In addition, EPA is
proposing disapproval of the SIP
revision because Delaware exercises
authorities that are reserved for EPA
under section 107 of the CAA. This
action is being taken under the CAA.
SUMMARY:
E:\FR\FM\26MYP1.SGM
26MYP1
Agencies
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Proposed Rules]
[Pages 30011-30015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12510]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2015-OSERS-0035]
Proposed Priority--Rehabilitation Training: Institute on
Rehabilitation Issues
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
-----------------------------------------------------------------------
[CFDA Number: 84.264C.]
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority to establish a topical
Institute on Rehabilitation Issues (IRI). The Assistant Secretary may
use this priority for competitions in fiscal year (FY) 2015 and later
years. We take this action to provide training and technical assistance
(TA) to improve the capacity of State Vocational Rehabilitation (VR)
agencies and their partners to equip individuals with disabilities with
the skills and competencies necessary to help them obtain competitive
integrated employment.
DATES: We must receive your comments on or before June 25, 2015.
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-Fernandez, 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-Fernandez.
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
this notice. To ensure that your comments have maximum effect in
developing the notice of final priority, we urge you to identify
clearly the specific section of the proposed 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 this
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about these proposed regulations by accessing Regulations.gov.
You may also inspect the comments in person in Room 5042, 550 12th
Street SW., PCP, Washington, DC 20202-2800, between the hours of 8:30
a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each
week except Federal holidays. Please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
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: Under the Rehabilitation Act of 1973, as
amended (the Rehabilitation Act), the Rehabilitation Services
Administration (RSA) makes grants to States and public or nonprofit
agencies and organizations (including institutions of higher education)
to support projects that provide training, traineeships, and TA
designed to increase the numbers of, and improve the skills of,
qualified personnel (especially rehabilitation counselors) who are
trained to: Provide vocational, medical, social, and psychological
rehabilitation services to individuals with disabilities; assist
individuals with communication and related disorders; and provide other
services authorized under the Rehabilitation Act.
Program Authority: 29 U.S.C. 772(a)(1).
Applicable Program Regulations: 34 CFR part 385.
Proposed Priority: This notice contains one proposed priority.
Institute on Rehabilitation Issues.
Background: For more than 55 years, the Institute on Rehabilitation
Issues (IRI) has been a national forum for discussing the important
challenges facing the State VR Services Program. The IRI has also
developed publications for use in training and TA for VR counselors,
consumers, administrators, and other partners in the VR process. IRI
publications have provided a unique perspective on emerging issues and
promising practices in VR and are widely used by counselors and
supervisors, human resource development (HRD) specialists, community-
based rehabilitation service providers, administrators, researchers,
and education and policy analysts (The George Washington University and
University of Arkansas CURRENTS, 2015).
The Workforce Innovation and Opportunity Act of 2014 (WIOA) places
a greater emphasis on incorporating job-driven training approaches into
the VR service delivery system and on increasing employment outcomes
for individuals with disabilities. One of these approaches includes
working with employers to create on-the-job training opportunities that
are responsive to the needs of employers and that provide individuals
with skills that they need to obtain competitive integrated
[[Page 30012]]
employment (Biden, 2014). An IRI that concentrates on the topic of on-
the-job training activities for individuals with disabilities, such as
paid internships, pre-apprenticeships, and registered apprenticeships,
is both timely and critical for assisting State VR agencies in
successfully incorporating job-driven training approaches.
Individuals with disabilities continue to be underrepresented in
the general workforce as well as in high-growth industries. Recent
estimates reported by the Bureau of Labor Statistics (BLS) from the
Current Employment Statistics Survey (February 2015), show a labor
force participation rate of 31.1 percent for people with disabilities
ages 16 to 64, compared to 75.7 percent for people without
disabilities. Similarly, the unemployment rate for people with
disabilities (12.2 percent) is more than double the rate for people
without disabilities (5.7 percent). In addition, analyses conducted by
the Council of Economic Advisors that matched BLS 2012-2022
occupational projections with 2010-2012 American Community Survey data
(Disability Community Project) revealed that people with disabilities
who are employed tend to be in low-paying occupations and are
overrepresented in slower-growing and declining occupations, which
lowers their projected employment growth rate. People with disabilities
are also underrepresented in 16 of the top 20 fastest-growing
occupations.
Despite these trends, information indicates that there is
substantial potential for job growth among people with disabilities in
well-paying occupations over the coming decade. However, whether such
potential will be realized depends in part on such factors as public
and corporate policies regarding access to appropriate education,
computer skills, and other training; disability income policies; and
the availability of workplace accommodations and other employment
supports.
Research demonstrates that when students with disabilities
participate in internships they increase their motivation to work
toward a career, their knowledge of career options, their job skills,
their ability to work with supervisors and coworkers, and their
knowledge of accommodation strategies (Burgstahler and Bellman, 2009).
Furthermore, apprenticeships are a proven path to employment and the
middle class: 87 percent of apprentices are employed after completing
their programs, and the average starting wage for apprenticeship
graduates is over $50,000. Studies from other countries show that
employers reap an average return of $1.47 in increased productivity and
performance for every dollar they invest in apprenticeships.
Unfortunately, too few American workers and employers have access to
this proven training solution to prepare for better careers or to meet
their needs for a skilled workforce (Biden, 2014). The IRI would
provide State VR agencies with the tools and TA they need to connect
individuals with disabilities to on-the-job training experiences in
areas of growth or projected growth that align with their skill sets
and interests and the needs and demands of business and industry.
References:
Biden, J. (2014). Ready to Work: Job-Driven Training and American
Opportunity, July 2014. Available at: www.whitehouse.gov/sites/default/files/skills_report_072014_2.pdf.
Burgstahler, S. and Bellman, S. (2009). Differences in Perceived
Benefits of Internships for Subgroups of Students with Disabilities.
Journal of Vocational Rehabilitation, 31, 155-165.
The George Washington University and the University of Arkansas
Center for the Utilization of Rehabilitation Resources for
Education, Networking, Training and Service Institute on
Rehabilitation Issues (UACURRENTS) (2015). Institute on
Rehabilitation Issues. Available at: www.iriforum.org/mission.aspx.
U.S. Department of Labor (DOL). (2015). Economic New Release: Table
A-6. Employment status of the civilian population by sex, age and
disability status, not seasonally adjusted. Available at:
www.bls.gov/news.release/empsit.t06.htm.
U.S. Department of Labor (DOL), Office of Disability Employment
Policy (ODEP). New Disability Employment Data Resources. Economic
Picture of the Disability Community Project. Available at:
www.dol.gov/odep/topics/DisabilityEmploymentStatistics.htm.
Proposed Priority: The purpose of this priority is to fund a two-
year cooperative agreement to establish a topical Institute on
Rehabilitation Issues (IRI) that concentrates on the subject of on-the-
job training activities for individuals with disabilities, such as paid
internships, pre-apprenticeships, and registered apprenticeships. As a
result of this concentrated IRI, State VR agencies will gain practical
knowledge and technical assistance (TA) resources needed to increase
the number of work-based learning experiences for individuals with
disabilities in high-growth fields that lead to competitive integrated
employment,'' as that term is defined in section 7(5) of the
Rehabilitation Act of 1973, as amended.
Project Activities
Under this priority, the IRI must, at a minimum, conduct the
following activities:
Knowledge Development Activities.
(a) Within the first year, conduct a survey of State VR agencies
and their partners to ascertain the number and types of on-the-job
training activities currently available to individuals with
disabilities and the outcomes associated with completion of those
activities.
(1) Collect, at a minimum, the following data:
(i) The number of individuals with disabilities who are currently
engaged in on-the-job training activities;
(ii) The specific types of on-the-job training activities the
individuals referred to in paragraph (a)(1)(i) are participating in,
such as paid internships, pre-apprenticeships, and registered
apprenticeships;
(iii) The number of individuals with disabilities who participated
in on-the-job-training activities in the last 36 months;
(iv) The number of individuals with disabilities who successfully
completed on-the-job training activities in the last 36 months,
including the specific types of the on-the-job training;
(v) The number of individuals with disabilities who obtained
competitive integrated employment in the last 36 months after
successfully completing on-the-job training activities;
(vi) The number of individuals with disabilities who did not
successfully complete on-the-job training activities in the last 36
months;
(vii) The number of State VR agency referrals to on-the-job
training activities in the last 36 months;
(viii) The number of on-the-job training activities developed
through partnerships between the State VR agencies and businesses in
the last 36 months;
(ix) The average length of time an individual with a disability
participated in an on-the-job training activity in the last 36 months;
and
(x) The industries represented in the on-the-job training
activities.
(2) By the end of the first year, identify any State VR agencies
that have not responded to the survey and follow-up with those agencies
in order to ensure at least a 75 percent response rate.
(b) In the beginning of the second year, follow up with State VR
agencies that indicated that on-the-job training activities were
developed through partnerships between the State VR agencies and
businesses to collect:
(1) Promising practices for creating, implementing, sustaining, and
[[Page 30013]]
evaluating on-the-job training experiences for individuals with
disabilities; and
(2) Information about how on-the-job training activities have
supported employer efforts to hire individuals with disabilities.
(c) In the beginning of the second year, follow up with State VR
Agencies that indicated that individuals with disabilities did not
successfully complete on-the-job training activities to identify
challenges or barriers that prevented successful completion of on-the-
job training activities.
(d) In the second year, conduct an analysis of the survey results
and any additional information collected through follow-up and develop
a summary report.
(e) Within the first year, complete a literature review.
(1) The literature review must gather, at a minimum:
(i) Promising practices and examples for creating, implementing,
sustaining, and evaluating on-the-job training activities for
individuals with disabilities;
(ii) Qualitative or quantitative data about how on-the-job training
activities have supported employer efforts to hire individuals with
disabilities; and
(iii) Data on increased employment and retention outcomes that
occurred after completing on-the-job training activities, especially
for individuals with disabilities.
(2) The literature review must consider the following resources:
(i) Curriculum guides developed by RSA's Job-Driven Vocational
Rehabilitation Technical Assistance Center (JDVRTAC), as available;
(ii) The Vice President's report, ``Ready to Work: Job-Driven
Training and American Opportunity,'' July 2014;
(iii) New disability employment data resources including, but not
limited to, the Economic Picture of the Disability Community Project
developed by the Office of Disability Employment Policy (ODEP); and
(iv) Other relevant data sources and publications including, but
not limited to, promising practices and examples of on-the-job training
experiences developed through the public workforce development system,
as well as through public-private partnerships.
(f) Within the first six months of the second year, develop a
compendium designed for use by all levels of State VR agency personnel.
The compendium must, at a minimum:
(1) Include promising practices, publications, examples, and other
relevant materials that will support State VR agencies in creating,
implementing, sustaining, and evaluating on-the-job training activities
for individuals with disabilities;
(2) Compare and contrast the data collected from the survey
conducted in the first year of the grant with any research and data
collected from the literature review so that State VR agencies can
assess their progress towards incorporating job-driven training
approaches into their service delivery system and increasing employment
outcomes for individuals with disabilities; and
(3) Include examples of how on-the-job training activities have
supported employer efforts to hire individuals with disabilities.
Technical Assistance and Dissemination Activities
(a) Provide two TA Webinars that are recorded, archived, and made
available to State VR agencies, providers of training, and relevant
partners. The Webinars must focus on the survey that must be conducted
within the first year of the grant and include detail such as the
purpose of the survey, its design and methodology, the process for
disseminating the survey, instructions for completing the survey, the
submission deadline, and the timeline for conducting any necessary
follow-up, analyzing the responses, and developing a report. The
Webinars must also serve as a vehicle for gathering input and feedback
and answering questions.
(b) Provide two TA Webinars that are recorded, archived, and made
available to State VR agencies, providers of training, and relevant
partners that detail the results and analyses of the survey of the
current status of existing on-the-job training activities for
individuals with disabilities in State VR agencies, as well as how
State VR agencies might use this data to inform their job-driven
activities.
(c) Collect input and feedback on the draft compendium. The project
must use a variety of vehicles, such as Webinars, teleconferences,
online forums, and focus groups to engage State VR agencies, providers
of training, and relevant partners in this process.
(d) Provide two TA Webinars that are recorded, archived, and made
available to State VR agencies, providers of training, and relevant
partners that highlight promising practices, publications, examples,
and resource materials contained in the compendium.
(e) Provide two TA Webinars that are recorded, archived, and made
available to State VR agencies, providers of training, and relevant
partners and that feature real-world examples of successful on-the-job
training activities for individuals with disabilities created through
public-private partnerships and outcomes resulting from those
activities. The Webinars also must include examples of how on-the-job
training activities have supported employer efforts to hire individuals
with disabilities.
(f) Ensure that all products (i.e., survey results, compendium, TA
Webinars) developed are widely disseminated to counselors and
supervisors, Human Resource Development (HRD) specialists, community-
based rehabilitation service providers, administrators, researchers,
education and policy analysts, and other RSA job-driven projects, such
as the JDVRTAC. To the extent possible, track the number and type of
product recipients.
(g) Ensure that all products are made available in accessible
formats and submitted to the National Clearinghouse on Rehabilitation
Training Materials (NCRTM).
Coordination Activities
(a) Establish and maintain an on-the-job training community of
practice through the NCRTM as a vehicle for communication, exchange of
information, and dissemination of products and as a forum for
collecting promising practices in implementing, sustaining, and
evaluating on-the-job training activities.
(b) Obtain regular input and feedback from State VR agencies,
providers of training, partners, such as the Council of State
Administrators of Vocational Rehabilitation (CSAVR) and CSAVR's
National Employment Team (the NET), the National Council of State
Agencies for the Blind (NCSAB), the JDVRTAC, and other relevant
entities in the survey and literature review, as well as in the
development and dissemination of the survey analysis and the compendium
described in this priority.
(c) Maintain ongoing communication with RSA.
Application Requirements
To be funded under this priority, applicants must meet the
application requirements in this priority. RSA encourages innovative
approaches to meet these requirements, which are:
(a) Demonstrate in the narrative section of the application under
``Significance of the Proposed Project'' how the proposed project will
address State VR agencies' capacity to develop on-the-job training
activities for individuals with disabilities that reflect the current
and future demands of the labor market. To meet this requirement, the
applicant must:
[[Page 30014]]
(1) Demonstrate knowledge of today's labor market, including
current and projected areas of job growth and knowledge, skills, and
experiences that are needed in order to meet the needs and demands of
business and industry;
(2) Demonstrate knowledge of innovative or promising practices in
building and maintaining effective on-the-job training activities,
especially for individuals with disabilities; and
(3) Demonstrate the extent to which the proposed project is likely
to build the capacity of State VR agencies to provide, strengthen, and
increase the number of on-the-job training activities for individuals
with disabilities.
(b) Demonstrate, in the narrative section of the application under
``Quality of Project Services,'' how the proposed project will achieve
its goals, objectives, and intended outcomes. To meet this requirement,
the applicant must:
(1) Provide a detailed plan for how the proposed project will
conduct the activities required in this priority. The plan must include
a description of the design and methodology that will be used to survey
State VR agencies in the first year, rationale to support the survey
design and methodology, a strategy for disseminating the survey to all
State VR agencies, a strategy to ensure a 75 percent survey response
rate, and an approach for conducting follow-up with State VR agencies;
(2) Demonstrate the extent to which the project activities reflect
innovative and up-to-date approaches, methods, technologies, and
effective practices;
(3) Demonstrate how the literature review will identify and
incorporate promising practices and examples of the use of on-the-job
training gathered from the public workforce development system and from
business and industry in creating, implementing, sustaining, and
evaluating on-the-job training activities for individuals with
disabilities;
(4) Demonstrate how the project will collect Web analytics,
including the number of registrants and their respective agencies or
associations, and conduct a survey immediately following the Webinars
to measure the quality, relevance, and usefulness of the training; and
(5) Demonstrate the extent to which the project services are
maximized through collaboration with the partners and stakeholders
discussed in this priority.
(c) Demonstrate, in the narrative section of the application under
``Adequacy of Project Resources,'' how the proposed key project
personnel, consultants, and subaward recipients have the qualifications
and experience to perform the activities to provide State VR agencies
with the tools and resources they need to increase the on-the-job
training activities for individuals with disabilities. To meet this
requirement, the applicant must demonstrate that:
(1) The applicant and any key partners possess adequate resources
to carry out the proposed activities; and
(2) The proposed costs are reasonable in relation to the
anticipated results and benefits.
(d) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how the proposed management plan
will ensure that the project's intended outcomes will be achieved on
time and within budget. To address this requirement, the applicant must
describe--
(1) Clearly defined roles and responsibilities for key project
personnel, consultants, and subawards, as applicable;
(2) Timelines and milestones for accomplishing the project tasks;
(3) Key project personnel and any consultants, key partners, and
subaward recipients that will be allocated to the project, their
respective level of effort designated for the project, and how these
allocations are appropriate and adequate to achieve the project's
intended outcomes, including an assurance that all personnel will
communicate with stakeholders and RSA in a timely fashion;
(4) How the proposed management plan will ensure that the knowledge
development, TA, dissemination, and coordination activities and the
developed products are of high quality; and
(5) The diversity of perspectives, including those of counselors
and supervisors, HRD specialists, community-based rehabilitation
service providers, administrators, researchers, and education and
policy analysts that the project will consider in its design making
process.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Priority: We will announce the final priority in a notice in
the Federal Register. We will determine the final priority after
considering responses to this notice and other information available to
the Department. This notice does not preclude us from proposing
additional priorities, requirements, definitions, or selection
criteria, subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through a
notice in the Federal Register.
Executive Orders 12866 and 13563
Paperwork Reduction Act of 1995
As part of its continuing effort to reduce paperwork and respondent
burden, the Department conducts a preclearance consultation program to
provide the general public and Federal agencies with an opportunity to
comment on proposed and continuing collections of information in
accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)). This helps ensure that the public understands the
Department's collection instructions, respondents can provide the
requested data in the desired format, reporting burden (time and
financial resources) is minimized, collection instruments are clearly
understood, and the Department can properly assess the impact of
collection requirements on respondents.
This proposed priority contains information collection requirements
that are approved by OMB under OMB control number 1820-0018; this
proposed regulation does not affect the currently approved data
collection.
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this proposed regulatory action is ``significant'' and, therefore,
subject to the requirements of the Executive order and subject to
review by the Office of
[[Page 30015]]
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 on a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this proposed priority only on a reasoned
determination that its benefits would justify its costs. In choosing
among alternative regulatory approaches, we selected those approaches
that would maximize net benefits. Based on the analysis that follows,
the Department believes that this 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.
We propose to fund through this priority TA to State VR agencies to
improve the quality of VR services and ultimately the number and
quality of their employment outcomes. This proposed priority would
promote the efficient and effective use of Federal funds.
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 have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: May 18, 2015.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2015-12510 Filed 5-22-15; 8:45 am]
BILLING CODE 4000-01-P