Proposed Priorities-Innovative Rehabilitation Training Program, 23266-23270 [2020-08070]

Download as PDF 23266 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, and Waterways. For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. In § 100.1102, in Table 1 to § 100.1102, amend item ‘‘9’’ to read as follows: ■ 9. Great Western Tube Float Sponsor ............................................................... Event Description ................................................ Date ..................................................................... Location ............................................................... Regulated Area ................................................... Dated: April 15, 2020. T.J. Barelli, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2020–08393 Filed 4–24–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Chapter III [Docket ID ED–2019–OSERS–0163] Proposed Priorities—Innovative Rehabilitation Training Program Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Proposed priorities. AGENCY: The Assistant Secretary for the Office of Special Education and Rehabilitative Services proposes priorities under the Innovative Rehabilitation Training program, Catalog of Federal Domestic Assistance (CFDA) numbers 84.263D/E/F. The Assistant Secretary may use one or more of these priorities for competitions in fiscal year (FY) 2020 and later years. We take this action to improve employment outcomes and raise expectations for all people with disabilities. The program funds time-limited pilot innovative rehabilitation training projects to develop, refine, implement, evaluate, and disseminate innovative methods of training vocational rehabilitation (VR) personnel to support the work of the State VR agencies in the following topic lotter on DSKBCFDHB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 City of Parker, AZ. River float. One Saturday in June. Parker, AZ. The navigable waters of the Colorado River from Buckskin Mountain State Park to La Paz County Park. areas: Client Assistance Program (84.263D); assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting (84.263E); and fieldinitiated projects in an area related to VR (84.263F). DATES: We must receive your comments on or before May 27, 2020. 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 ‘‘Help.’’ • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments, address them to Cassandra P. Shoffler, U.S. Department of Education, 400 Maryland Avenue SW, Room 5122, Potomac Center Plaza, 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, PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Cassandra P. Shoffler, U.S. Department of Education, 400 Maryland Avenue SW, Room 5122, Potomac Center Plaza, Washington, DC 20202–2800. Telephone: (202) 245–7827. Email: 84.263DEF@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 the proposed priorities. To ensure that your comments have maximum effect in developing the notice of final priorities, we urge you to identify clearly the proposed priority that each comment addresses. We invite you to assist us in complying with the specific requirements of Executive Orders 12866, 13563, and 13771 and their overall requirement of reducing regulatory burden that might result from the 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 the proposed priorities by accessing Regulations.gov. You may also E:\FR\FM\27APP1.SGM 27APP1 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules inspect the comments in person in Room 5059, 550 12th Street SW, Washington, DC, between the hours of 9:30 a.m. and 4:00 p.m., Eastern 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 the proposed priorities. 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 Innovative Rehabilitation Training program is designed to develop (a) new types of training programs for rehabilitation personnel and to demonstrate the effectiveness of these new types of training programs for rehabilitation personnel in providing rehabilitation services to individuals with disabilities; (b) new and improved methods of training rehabilitation personnel so that there may be a more effective delivery of rehabilitation services to individuals with disabilities by designated State rehabilitation agencies and designated State rehabilitation units or other public or non-profit rehabilitation service agencies or organizations; and (c) new innovative training programs for VR professionals and paraprofessionals to have a 21st-century understanding of the evolving labor force and the needs of individuals with disabilities so they can more effectively provide VR services to individuals with disabilities. Program Authority: 29 U.S.C. 709(c) and 772. Applicable Program Regulations: 34 CFR parts 385 and 387. Proposed Priorities: This document contains four proposed priorities. Proposed Priority 1—Topic Area One: Innovative Rehabilitation Training Project, Client Assistance Program lotter on DSKBCFDHB2PROD with PROPOSALS Background The purpose of the Client Assistance Program (CAP) under the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA) (Rehabilitation Act), is to advise and inform VR clients and applicants with disabilities of all services and benefits available to them through programs authorized under the Rehabilitation Act, including under sections 113 and 511, and title I of the Americans with Disabilities Act of 1990, VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 and advocate on behalf of VR clients and applicants in their relationships with projects, programs, and services provided under the Rehabilitation Act. According to the Annual Client Assistance Program Report (RSA–227), CAP offices responded to 40,917 requests for information and referral in FY 2018. They also provided extensive services—including assistance and advocacy—to 4,038 individuals with disabilities that year. In FY 2014, the Rehabilitation Services Administration (RSA) funded a CAP training and technical assistance center, which primarily provides training on the statutory and regulatory requirements governing VR services. Such training continues to be necessary, however, to be effective advocates for VR clients and applicants today. CAP professionals also need greater expertise about the expanded opportunities for quality employment and economic selfsufficiency made available after WIOA. These opportunities include a focus on acquiring career-oriented credentials, such as advanced postsecondary degrees; career exploration and advancement strategies, such as workbased learning, apprenticeships, customized employment, and career pathways; and pre-employment transition services and outreach to subminimum wage employers. Furthermore, CAP professionals require updated leadership, relationshipbuilding, and management skills to be effective advocates for VR clients and applicants. Proposed Priority A project under this priority must increase the capacity of CAP professionals to inform VR clients and applicants about the expanded opportunities under WIOA and provide the assistance and advocacy the clients and applicants need. The project must develop a new or substantially improved training program, including stand-alone modules to be incorporated into an existing academic degree program for educating VR counselors or other VR professionals and paraprofessionals, or into short-term training for VR professionals, or both. The training program or modules must be developed by the end of the first year of the project period and piloted, refined, implemented, evaluated, and disseminated in years two, three, four, and five of the project period. A process for feedback and continuous improvement to ensure the training program or modules are refined throughout years two, three, four, and five must be included. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 23267 The training must be of sufficient scope, intensity, and duration for VR CAP professionals, paraprofessionals, and individuals studying to become VR professionals and paraprofessionals to achieve increased skill, knowledge, and competence in the topic area. The training curricula and materials must encompass: (a) The expanded opportunities available under WIOA and the pertinent provisions regarding unified and combined State plans, common performance measures, and the workforce development system; (b) specific opportunities and challenges for individuals with the most significant disabilities, students and youth with disabilities, and traditionally underserved populations, including those at the intersection of poverty and disability; and (c) leadership, relationship-building, and management skills promoting effective CAP personnel interaction with State VR agencies, State Rehabilitation Councils, and other VR stakeholders. Training delivery methods must encompass: (a) State-of-the-art communication tools and platforms, including virtual conferences, social media, and searchable databases; and (b) the latest knowledge translation methods and techniques. The applicant must include the resources developed by the RSA VR Technical Assistance Centers and Demonstration and Training projects, available at the National Clearinghouse for Rehabilitation Training Materials, and other Federal and nongovernment sources, in developing its training and technical assistance curricula and delivery methods. Proposed Priority 2—Topic Area Two: Innovative Rehabilitation Training Program, Assisting and Supporting Individuals With Disabilities Pursuing Self-Employment, Business Ownership, and Telecommuting Background Self-employment, business ownership, and telecommuting could be viable options for individuals with disabilities who face barriers to competitive integrated employment, such as health challenges, inaccessible work sites, and lack of transportation, and could offer people with disabilities an opportunity for economic independence. A 2017 study funded by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) 1 analyzed data 1 Reference: naric.com/?q=en/rif/selfemployment-may-be-promising-avenue-economicindependence-people-disabilities. Additional E:\FR\FM\27APP1.SGM Continued 27APP1 23268 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules from 230,931 VR consumers age 16 or older who completed VR services and became employed in 2008 or 2009. The researchers found that: (1) On average, only 2.1 percent of VR consumers became self-employed; (2) selfemployment rates were lowest for consumers in urban counties (1.4 percent) and highest for consumers in isolated rural counties (5.2 percent), while the rates in large rural and small rural counties fell in between (3.5 percent and 3.7 percent); and (3) consumers who became self-employed earned about $1.30 more per hour, on average, at the start of their jobs than consumers who became competitively employed. Consumers who became selfemployed were also able to work about three hours less per week, on average, and still earn weekly pay equivalent to their competitively employed peers. The U.S. Department of Labor, Office of Disability Employment Policy (ODEP) examined telework practices of public and private sector employers, finding that 80 percent had employees with disabilities and 23 percent had employees who telework, but only 8 percent had employees with disabilities who telework.2 The use of self-employment, business ownership, and telecommuting may assist VR consumers with achieving competitive integrated employment. lotter on DSKBCFDHB2PROD with PROPOSALS Proposed Priority A project in the area of assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting must develop a new or substantially improved and, to the extent possible, evidence-based 3 training program, including stand-alone modules and instructional materials to be incorporated into an existing academic degree program for educating VR counselors or other VR professionals information on this study can be found at Ipsen, C., and Swicegood, G. (2017) Rural and urban vocational rehabilitation self-employment outcomes. Journal of Vocational Rehabilitation, 46, 97–105. This article is available from the NARIC collection under Accession Number J75341. 2 Linden, Maureen: Telework research and practice: Impacts on people with disabilities. www.researchgate.net/profile/Maureen_Linden/ publication/261881961_Telework_Research_and_ Practice_Impacts_on_People_with_Disabilities/ links/586405d708ae6eb871ad02f5/TeleworkResearch-and-Practice-Impacts-on-People-withDisabilities.pdf. 3 For the purpose of this priority, ‘‘evidencebased’’ means the proposed project component is supported, at a minimum, by evidence that demonstrates a rationale (as defined in 34 CFR 77.1), where a key project component included in the project’s logic model (as defined in 34 CFR 77.1) is informed by research or evaluation findings that suggest the project component is likely to improve relevant outcomes (as defined in 34 CFR 77.1). VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 and paraprofessionals or into short-term training for VR professionals, or both. The training program or modules must be developed by the end of the first year of the project period and piloted, refined, implemented, evaluated, and disseminated in years two, three, four, and five of the project period. A process for feedback and continuous improvement to ensure the training program or modules are refined throughout years two, three, four, and five must be included. The training must be of sufficient scope, intensity, and duration for VR professionals, paraprofessionals, and individuals studying to become VR professionals and paraprofessionals to achieve increased skill, knowledge, and competence in the area of assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting. Proposed Priority 3—Topic Area Three: Innovative Rehabilitation Training Program, Field Initiated Background The purpose of the Innovative Rehabilitation Training program, Field Initiated project, is to develop, refine, implement, evaluate, and disseminate innovative methods of training for VR personnel in an area for which no training currently exists, enhance training in an area for which the existing training is no longer current or relevant, or enhance training in an area that has received increased emphasis under the Rehabilitation Act. Proposed Priority A field-initiated project must clearly identify the topic to be addressed and provide sufficient evidence to demonstrate the need for the innovative rehabilitation training in a proposed new topic area or, in areas for which there is existing training, demonstrate that the existing training is not adequately meeting the needs of VR professionals, paraprofessionals, and individuals studying to become VR professionals and paraprofessionals. The project must develop a new or substantially improved and, to the extent possible, evidence-based 4 training program, including stand-alone modules and instructional materials to be incorporated into an existing 4 For the purpose of this priority, ‘‘evidencebased’’ means the proposed project component is supported, at a minimum, by evidence that demonstrates a rationale (as defined in 34 CFR 77.1), where a key project component included in the project’s logic model (as defined in 34 CFR 77.1) is informed by research or evaluation findings that suggest the project component is likely to improve relevant outcomes (as defined in 34 CFR 77.1) PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 academic degree program for educating VR counselors or other VR professionals and paraprofessionals, or into shortterm training for VR professionals, or both. The training program or modules must be developed by the end of the first year of the project period and piloted, refined, implemented, evaluated, and disseminated in years two, three, four, and five of the project period. A process for feedback and continuous improvement to ensure the training program or modules are refined throughout years two, three, four, and five must be included. The training must be of sufficient scope, intensity, and duration for VR professionals, paraprofessionals, and individuals studying to become VR professionals and paraprofessionals to achieve increased skill, knowledge, and competence in the topic area. Proposed Priority 4—Applications From New Potential Grantees Background In order to increase the size of the applicant pool, we propose a priority for applications from new potential grantees. Proposed Priority (a) Under this priority, an applicant must demonstrate one or more of the following: (i) The applicant has never received a grant, including through membership in a group application submitted in accordance with 34 CFR 75.127–75.129, under the program from which it seeks funds. (ii) The applicant does not, as of the deadline date for submission of applications, have an active grant, including through membership in a group application submitted in accordance with 34 CFR 75.127–75.129, under the program from which it seeks funds. (iii) The applicant has not had an active discretionary grant under the program from which it seeks funds, including through membership in a group application submitted in accordance with 34 CFR 75.127–75.129, in one of the following number of years before the deadline date for submission of applications under the program: (1) One year; (2) Two years; (3) Three years; (4) Four years; (5) Five years; (6) Six years; or (7) Seven years. (iv) The applicant has not had an active discretionary grant from the Department, including through E:\FR\FM\27APP1.SGM 27APP1 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules membership in a group application submitted in accordance with 34 CFR 75.127–75.129, in one of the following number of years before the deadline date for submission of applications under the program: (1) One year; (2) Two years; (3) Three years; (4) Four years; (5) Five years; (6) Six years; or (7) Seven years. (v) The applicant has not had an active contract from the Department in one of the following number of years before the deadline date for submission of applications under the program: (1) One year; (2) Two years; (3) Three years; (4) Four years; (5) Five years; (6) Six years; or (7) Seven years. (b) For the purpose of this priority, a grant or contract is active until the end of the grant’s or contract’s project or funding period, including any extensions of those periods that extend the grantee’s or contractor’s authority to obligate funds. lotter on DSKBCFDHB2PROD with PROPOSALS 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)). Executive Orders 12866, 13563, and 13771 Regulatory Impact Analysis Under Executive Order 12866, the Office of Management and Budget VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 (OMB) determines whether this regulatory action is ‘‘significant’’ and, therefore, subject to the requirements of the Executive order and subject to review by 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. Under Executive Order 13771, for each new rule that the Department proposes for notice and comment or otherwise promulgates that is a significant regulatory action under Executive Order 12866 and that imposes total costs greater than zero, it must identify two deregulatory actions. For FY 2020, any new incremental costs associated with a new rule must be fully offset by the elimination of existing costs through deregulatory actions. However, Executive Order 13771 does not apply to ‘‘transfer rules’’ that cause only income transfers between taxpayers and program beneficiaries, such as those regarding discretionary grant programs. Because the proposed priorities would be utilized in connection with a discretionary grant program, Executive Order 13771 does not apply. 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); PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 23269 (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 the proposed priorities only on a reasoned determination that their benefits justify their costs. In choosing among alternative regulatory approaches, we selected those approaches that 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 have also determined that this regulatory action does not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions. In accordance with both Executive orders, 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 costs would include the time and effort in responding to the priority for entities that choose to respond. In addition, we have considered the potential benefits of this regulatory action and have noted these benefits in the background section of this document. The benefits include E:\FR\FM\27APP1.SGM 27APP1 23270 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules lotter on DSKBCFDHB2PROD with PROPOSALS receiving comments regarding the best way to support the work of the State VR agencies in the Client Assistance Program (84.263D); assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting (84.263E); and field-initiated projects related to VR (84.263F); and whether the activities identified reflect the greatest needs in the field. Clarity of the Regulations Executive Order 12866 and the Presidential memorandum ‘‘Plain Language in Government Writing’’ require each agency to write regulations that are easy to understand. The Secretary invites comments on how to make these proposed priorities easier to understand, including answers to questions such as the following: • Are the requirements in the proposed regulations clearly stated? • Do the proposed regulations contain technical terms or other wording that interferes with their clarity? • Does the format of the proposed regulations (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity? • Would the proposed regulations be easier to understand if we divided them into more (but shorter) sections? • Could the description of the proposed regulations in the SUPPLEMENTARY INFORMATION section of this preamble be more helpful in making the proposed regulations easier to understand? If so, how? • What else could we do to make the proposed regulations easier to understand? To send any comments that concern how the Department could make these proposed regulations easier to understand, see the instructions in the ADDRESSES section. Regulatory Flexibility Act Certification: The Secretary certifies that this proposed regulatory action would not have a significant economic impact on a substantial number of small entities. The U.S. Small Business Administration Size Standards define ‘‘small entities’’ as for-profit or nonprofit institutions with total annual revenue below $7,000,000 or, if they are institutions controlled by small governmental jurisdictions (that are comprised of cities, counties, towns, townships, villages, school districts, or special districts), with a population of less than 50,000. The small entities that this proposed regulatory action would affect are public or private nonprofit agencies and organizations, including Indian Tribes and institutions of higher education that VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 may apply. We believe that the costs imposed on an applicant by the proposed priorities would be limited to paperwork burden related to preparing an application and that the benefits of these proposed priorities would outweigh any costs incurred by the applicant. There are very few entities who could provide the type of technical assistance required under the proposed priorities. For these reasons these proposed priorities would not impose a burden on a significant number of small entities. Paperwork Reduction Act of 1995: The proposed priorities contain information collection requirements that are approved by OMB under OMB control number 1820–0018. 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. Assessment of Educational Impact In accordance with section 411 of the General Education Provisions Act, 20 U.S.C. 1221e–4, the Secretary particularly requests comments on whether these proposed regulations would require transmission of information that any other agency or authority of the United States gathers or makes available. 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. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. 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 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. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Mark Schultz, Commissioner, Rehabilitation Services Administration. Delegated the authority to perform the functions and duties of the Assistant Secretary for the Office of Special Education and Rehabilitative Services. [FR Doc. 2020–08070 Filed 4–22–20; 4:15 pm] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION 34 CFR Chapter III [Docket ID ED–2019–OSERS–0044] Proposed Waiver and Extension of the Project Period for a Grant That Provides Rehabilitation Short-Term Training to the Client Assistance Program (CAP) Office of Special Education and Rehabilitative Services (OSERS), Department of Education. ACTION: Proposed waiver and extension of project period. AGENCY: The Secretary proposes to waive the requirements in the Education Department General Administrative Regulations that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. The proposed waiver and extension would enable the Rehabilitation ShortTerm Training to the CAP under Catalog of Federal Domestic Assistance (CFDA) number 84.246K to receive funding for an additional performance period of one year, not to exceed September 30, 2021. DATES: We must receive your comments on or before May 27, 2020. 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 ‘‘How to use Regulations.gov’’ in the Help section. • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver SUMMARY: E:\FR\FM\27APP1.SGM 27APP1

Agencies

[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23266-23270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08070]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2019-OSERS-0163]


Proposed Priorities--Innovative Rehabilitation Training Program

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Proposed priorities.

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SUMMARY: The Assistant Secretary for the Office of Special Education 
and Rehabilitative Services proposes priorities under the Innovative 
Rehabilitation Training program, Catalog of Federal Domestic Assistance 
(CFDA) numbers 84.263D/E/F. The Assistant Secretary may use one or more 
of these priorities for competitions in fiscal year (FY) 2020 and later 
years. We take this action to improve employment outcomes and raise 
expectations for all people with disabilities. The program funds time-
limited pilot innovative rehabilitation training projects to develop, 
refine, implement, evaluate, and disseminate innovative methods of 
training vocational rehabilitation (VR) personnel to support the work 
of the State VR agencies in the following topic areas: Client 
Assistance Program (84.263D); assisting and supporting individuals with 
disabilities pursuing self-employment, business ownership, and 
telecommuting (84.263E); and field-initiated projects in an area 
related to VR (84.263F).

DATES: We must receive your comments on or before May 27, 2020.

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 ``Help.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments, address them to Cassandra P. Shoffler, 
U.S. Department of Education, 400 Maryland Avenue SW, Room 5122, 
Potomac Center Plaza, 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: Cassandra P. Shoffler, U.S. Department 
of Education, 400 Maryland Avenue SW, Room 5122, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202) 245-7827. Email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priorities. To ensure that your comments have maximum 
effect in developing the notice of final priorities, we urge you to 
identify clearly the proposed priority that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 13771 and their 
overall requirement of reducing regulatory burden that might result 
from the 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 the proposed priorities by accessing Regulations.gov. 
You may also

[[Page 23267]]

inspect the comments in person in Room 5059, 550 12th Street SW, 
Washington, DC, between the hours of 9:30 a.m. and 4:00 p.m., Eastern 
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 the proposed priorities. 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 Innovative Rehabilitation Training program 
is designed to develop (a) new types of training programs for 
rehabilitation personnel and to demonstrate the effectiveness of these 
new types of training programs for rehabilitation personnel in 
providing rehabilitation services to individuals with disabilities; (b) 
new and improved methods of training rehabilitation personnel so that 
there may be a more effective delivery of rehabilitation services to 
individuals with disabilities by designated State rehabilitation 
agencies and designated State rehabilitation units or other public or 
non-profit rehabilitation service agencies or organizations; and (c) 
new innovative training programs for VR professionals and 
paraprofessionals to have a 21st-century understanding of the evolving 
labor force and the needs of individuals with disabilities so they can 
more effectively provide VR services to individuals with disabilities.
    Program Authority: 29 U.S.C. 709(c) and 772.
    Applicable Program Regulations: 34 CFR parts 385 and 387.
    Proposed Priorities: This document contains four proposed 
priorities.

Proposed Priority 1--Topic Area One: Innovative Rehabilitation Training 
Project, Client Assistance Program

Background

    The purpose of the Client Assistance Program (CAP) under the 
Rehabilitation Act of 1973, as amended by the Workforce Innovation and 
Opportunity Act (WIOA) (Rehabilitation Act), is to advise and inform VR 
clients and applicants with disabilities of all services and benefits 
available to them through programs authorized under the Rehabilitation 
Act, including under sections 113 and 511, and title I of the Americans 
with Disabilities Act of 1990, and advocate on behalf of VR clients and 
applicants in their relationships with projects, programs, and services 
provided under the Rehabilitation Act.
    According to the Annual Client Assistance Program Report (RSA-227), 
CAP offices responded to 40,917 requests for information and referral 
in FY 2018. They also provided extensive services--including assistance 
and advocacy--to 4,038 individuals with disabilities that year.
    In FY 2014, the Rehabilitation Services Administration (RSA) funded 
a CAP training and technical assistance center, which primarily 
provides training on the statutory and regulatory requirements 
governing VR services. Such training continues to be necessary, 
however, to be effective advocates for VR clients and applicants today. 
CAP professionals also need greater expertise about the expanded 
opportunities for quality employment and economic self-sufficiency made 
available after WIOA. These opportunities include a focus on acquiring 
career-oriented credentials, such as advanced postsecondary degrees; 
career exploration and advancement strategies, such as work-based 
learning, apprenticeships, customized employment, and career pathways; 
and pre-employment transition services and outreach to subminimum wage 
employers. Furthermore, CAP professionals require updated leadership, 
relationship-building, and management skills to be effective advocates 
for VR clients and applicants.

Proposed Priority

    A project under this priority must increase the capacity of CAP 
professionals to inform VR clients and applicants about the expanded 
opportunities under WIOA and provide the assistance and advocacy the 
clients and applicants need. The project must develop a new or 
substantially improved training program, including stand-alone modules 
to be incorporated into an existing academic degree program for 
educating VR counselors or other VR professionals and 
paraprofessionals, or into short-term training for VR professionals, or 
both. The training program or modules must be developed by the end of 
the first year of the project period and piloted, refined, implemented, 
evaluated, and disseminated in years two, three, four, and five of the 
project period. A process for feedback and continuous improvement to 
ensure the training program or modules are refined throughout years 
two, three, four, and five must be included.
    The training must be of sufficient scope, intensity, and duration 
for VR CAP professionals, paraprofessionals, and individuals studying 
to become VR professionals and paraprofessionals to achieve increased 
skill, knowledge, and competence in the topic area.
    The training curricula and materials must encompass: (a) The 
expanded opportunities available under WIOA and the pertinent 
provisions regarding unified and combined State plans, common 
performance measures, and the workforce development system; (b) 
specific opportunities and challenges for individuals with the most 
significant disabilities, students and youth with disabilities, and 
traditionally underserved populations, including those at the 
intersection of poverty and disability; and (c) leadership, 
relationship-building, and management skills promoting effective CAP 
personnel interaction with State VR agencies, State Rehabilitation 
Councils, and other VR stakeholders.
    Training delivery methods must encompass: (a) State-of-the-art 
communication tools and platforms, including virtual conferences, 
social media, and searchable databases; and (b) the latest knowledge 
translation methods and techniques. The applicant must include the 
resources developed by the RSA VR Technical Assistance Centers and 
Demonstration and Training projects, available at the National 
Clearinghouse for Rehabilitation Training Materials, and other Federal 
and nongovernment sources, in developing its training and technical 
assistance curricula and delivery methods.

Proposed Priority 2--Topic Area Two: Innovative Rehabilitation Training 
Program, Assisting and Supporting Individuals With Disabilities 
Pursuing Self-Employment, Business Ownership, and Telecommuting

Background

    Self-employment, business ownership, and telecommuting could be 
viable options for individuals with disabilities who face barriers to 
competitive integrated employment, such as health challenges, 
inaccessible work sites, and lack of transportation, and could offer 
people with disabilities an opportunity for economic independence. A 
2017 study funded by the National Institute on Disability, Independent 
Living, and Rehabilitation Research (NIDILRR) \1\ analyzed data

[[Page 23268]]

from 230,931 VR consumers age 16 or older who completed VR services and 
became employed in 2008 or 2009. The researchers found that: (1) On 
average, only 2.1 percent of VR consumers became self-employed; (2) 
self-employment rates were lowest for consumers in urban counties (1.4 
percent) and highest for consumers in isolated rural counties (5.2 
percent), while the rates in large rural and small rural counties fell 
in between (3.5 percent and 3.7 percent); and (3) consumers who became 
self-employed earned about $1.30 more per hour, on average, at the 
start of their jobs than consumers who became competitively employed. 
Consumers who became self-employed were also able to work about three 
hours less per week, on average, and still earn weekly pay equivalent 
to their competitively employed peers.
---------------------------------------------------------------------------

    \1\ Reference: naric.com/?q=en/rif/self-employment-may-be-promising-avenue-economic-independence-people-disabilities. 
Additional information on this study can be found at Ipsen, C., and 
Swicegood, G. (2017) Rural and urban vocational rehabilitation self-
employment outcomes. Journal of Vocational Rehabilitation, 46, 97-
105. This article is available from the NARIC collection under 
Accession Number J75341.
---------------------------------------------------------------------------

    The U.S. Department of Labor, Office of Disability Employment 
Policy (ODEP) examined telework practices of public and private sector 
employers, finding that 80 percent had employees with disabilities and 
23 percent had employees who telework, but only 8 percent had employees 
with disabilities who telework.\2\
---------------------------------------------------------------------------

    \2\ Linden, Maureen: Telework research and practice: Impacts on 
people with disabilities. www.researchgate.net/profile/Maureen_Linden/publication/261881961_Telework_Research_and_Practice_Impacts_on_People_with_Disabilities/links/586405d708ae6eb871ad02f5/Telework-Research-and-Practice-Impacts-on-People-with-Disabilities.pdf.
---------------------------------------------------------------------------

    The use of self-employment, business ownership, and telecommuting 
may assist VR consumers with achieving competitive integrated 
employment.

Proposed Priority

    A project in the area of assisting and supporting individuals with 
disabilities pursuing self-employment, business ownership, and 
telecommuting must develop a new or substantially improved and, to the 
extent possible, evidence-based \3\ training program, including stand-
alone modules and instructional materials to be incorporated into an 
existing academic degree program for educating VR counselors or other 
VR professionals and paraprofessionals or into short-term training for 
VR professionals, or both. The training program or modules must be 
developed by the end of the first year of the project period and 
piloted, refined, implemented, evaluated, and disseminated in years 
two, three, four, and five of the project period. A process for 
feedback and continuous improvement to ensure the training program or 
modules are refined throughout years two, three, four, and five must be 
included.
---------------------------------------------------------------------------

    \3\ For the purpose of this priority, ``evidence-based'' means 
the proposed project component is supported, at a minimum, by 
evidence that demonstrates a rationale (as defined in 34 CFR 77.1), 
where a key project component included in the project's logic model 
(as defined in 34 CFR 77.1) is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes (as defined in 34 CFR 77.1).
---------------------------------------------------------------------------

    The training must be of sufficient scope, intensity, and duration 
for VR professionals, paraprofessionals, and individuals studying to 
become VR professionals and paraprofessionals to achieve increased 
skill, knowledge, and competence in the area of assisting and 
supporting individuals with disabilities pursuing self-employment, 
business ownership, and telecommuting.

Proposed Priority 3--Topic Area Three: Innovative Rehabilitation 
Training Program, Field Initiated

Background

    The purpose of the Innovative Rehabilitation Training program, 
Field Initiated project, is to develop, refine, implement, evaluate, 
and disseminate innovative methods of training for VR personnel in an 
area for which no training currently exists, enhance training in an 
area for which the existing training is no longer current or relevant, 
or enhance training in an area that has received increased emphasis 
under the Rehabilitation Act.

Proposed Priority

    A field-initiated project must clearly identify the topic to be 
addressed and provide sufficient evidence to demonstrate the need for 
the innovative rehabilitation training in a proposed new topic area or, 
in areas for which there is existing training, demonstrate that the 
existing training is not adequately meeting the needs of VR 
professionals, paraprofessionals, and individuals studying to become VR 
professionals and paraprofessionals.
    The project must develop a new or substantially improved and, to 
the extent possible, evidence-based \4\ training program, including 
stand-alone modules and instructional materials to be incorporated into 
an existing academic degree program for educating VR counselors or 
other VR professionals and paraprofessionals, or into short-term 
training for VR professionals, or both. The training program or modules 
must be developed by the end of the first year of the project period 
and piloted, refined, implemented, evaluated, and disseminated in years 
two, three, four, and five of the project period. A process for 
feedback and continuous improvement to ensure the training program or 
modules are refined throughout years two, three, four, and five must be 
included.
---------------------------------------------------------------------------

    \4\ For the purpose of this priority, ``evidence-based'' means 
the proposed project component is supported, at a minimum, by 
evidence that demonstrates a rationale (as defined in 34 CFR 77.1), 
where a key project component included in the project's logic model 
(as defined in 34 CFR 77.1) is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes (as defined in 34 CFR 77.1)
---------------------------------------------------------------------------

    The training must be of sufficient scope, intensity, and duration 
for VR professionals, paraprofessionals, and individuals studying to 
become VR professionals and paraprofessionals to achieve increased 
skill, knowledge, and competence in the topic area.

Proposed Priority 4--Applications From New Potential Grantees

Background

    In order to increase the size of the applicant pool, we propose a 
priority for applications from new potential grantees.

Proposed Priority

    (a) Under this priority, an applicant must demonstrate one or more 
of the following:
    (i) The applicant has never received a grant, including through 
membership in a group application submitted in accordance with 34 CFR 
75.127-75.129, under the program from which it seeks funds.
    (ii) The applicant does not, as of the deadline date for submission 
of applications, have an active grant, including through membership in 
a group application submitted in accordance with 34 CFR 75.127-75.129, 
under the program from which it seeks funds.
    (iii) The applicant has not had an active discretionary grant under 
the program from which it seeks funds, including through membership in 
a group application submitted in accordance with 34 CFR 75.127-75.129, 
in one of the following number of years before the deadline date for 
submission of applications under the program:
    (1) One year;
    (2) Two years;
    (3) Three years;
    (4) Four years;
    (5) Five years;
    (6) Six years; or
    (7) Seven years.
    (iv) The applicant has not had an active discretionary grant from 
the Department, including through

[[Page 23269]]

membership in a group application submitted in accordance with 34 CFR 
75.127-75.129, in one of the following number of years before the 
deadline date for submission of applications under the program:
    (1) One year;
    (2) Two years;
    (3) Three years;
    (4) Four years;
    (5) Five years;
    (6) Six years; or
    (7) Seven years.
    (v) The applicant has not had an active contract from the 
Department in one of the following number of years before the deadline 
date for submission of applications under the program:
    (1) One year;
    (2) Two years;
    (3) Three years;
    (4) Four years;
    (5) Five years;
    (6) Six years; or
    (7) Seven years.
    (b) For the purpose of this priority, a grant or contract is active 
until the end of the grant's or contract's project or funding period, 
including any extensions of those periods that extend the grantee's or 
contractor's authority to obligate funds.

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)).
Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis
    Under Executive Order 12866, the Office of Management and Budget 
(OMB) determines whether this regulatory action is ``significant'' and, 
therefore, subject to the requirements of the Executive order and 
subject to review by 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.
    Under Executive Order 13771, for each new rule that the Department 
proposes for notice and comment or otherwise promulgates that is a 
significant regulatory action under Executive Order 12866 and that 
imposes total costs greater than zero, it must identify two 
deregulatory actions. For FY 2020, any new incremental costs associated 
with a new rule must be fully offset by the elimination of existing 
costs through deregulatory actions. However, Executive Order 13771 does 
not apply to ``transfer rules'' that cause only income transfers 
between taxpayers and program beneficiaries, such as those regarding 
discretionary grant programs. Because the proposed priorities would be 
utilized in connection with a discretionary grant program, Executive 
Order 13771 does not apply.
    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 the proposed priorities only on a reasoned 
determination that their benefits justify their costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that 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 have also determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, 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 costs would include the time and effort in responding to the 
priority for entities that choose to respond.
    In addition, we have considered the potential benefits of this 
regulatory action and have noted these benefits in the background 
section of this document. The benefits include

[[Page 23270]]

receiving comments regarding the best way to support the work of the 
State VR agencies in the Client Assistance Program (84.263D); assisting 
and supporting individuals with disabilities pursuing self-employment, 
business ownership, and telecommuting (84.263E); and field-initiated 
projects related to VR (84.263F); and whether the activities identified 
reflect the greatest needs in the field.
Clarity of the Regulations
    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand.
    The Secretary invites comments on how to make these proposed 
priorities easier to understand, including answers to questions such as 
the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections?
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    To send any comments that concern how the Department could make 
these proposed regulations easier to understand, see the instructions 
in the ADDRESSES section.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this proposed regulatory action would not have a significant 
economic impact on a substantial number of small entities. The U.S. 
Small Business Administration Size Standards define ``small entities'' 
as for-profit or nonprofit institutions with total annual revenue below 
$7,000,000 or, if they are institutions controlled by small 
governmental jurisdictions (that are comprised of cities, counties, 
towns, townships, villages, school districts, or special districts), 
with a population of less than 50,000.
    The small entities that this proposed regulatory action would 
affect are public or private nonprofit agencies and organizations, 
including Indian Tribes and institutions of higher education that may 
apply. We believe that the costs imposed on an applicant by the 
proposed priorities would be limited to paperwork burden related to 
preparing an application and that the benefits of these proposed 
priorities would outweigh any costs incurred by the applicant. There 
are very few entities who could provide the type of technical 
assistance required under the proposed priorities. For these reasons 
these proposed priorities would not impose a burden on a significant 
number of small entities.
    Paperwork Reduction Act of 1995: The proposed priorities contain 
information collection requirements that are approved by OMB under OMB 
control number 1820-0018.
    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.
Assessment of Educational Impact
    In accordance with section 411 of the General Education Provisions 
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on 
whether these proposed regulations would require transmission of 
information that any other agency or authority of the United States 
gathers or makes available.
    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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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 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.

Mark Schultz,
Commissioner, Rehabilitation Services Administration. Delegated the 
authority to perform the functions and duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2020-08070 Filed 4-22-20; 4:15 pm]
 BILLING CODE 4000-01-P