80_FR_30111 80 FR 30011 - Proposed Priority-Rehabilitation Training: Institute on Rehabilitation Issues

80 FR 30011 - Proposed Priority-Rehabilitation Training: Institute on Rehabilitation Issues

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 100 (May 26, 2015)

Page Range30011-30015
FR Document2015-12510

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.

Federal Register, Volume 80 Issue 100 (Tuesday, May 26, 2015)
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Proposed Rules]
[Pages 30011-30015]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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[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.thefederalregister.org/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



                                                                               Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules                                             30011

                                                      designated personnel. Designated                        instructions for accessing agency                     disability who needs assistance to
                                                      personnel include commissioned,                         documents, submitting comments, and                   review the comments or other
                                                      warrant, and petty officers of the U.S.                 viewing the docket, is available on the               documents in the public rulemaking
                                                      Coast Guard.                                            site under ‘‘Are you new to the site?’’               record for this notice. If you want to
                                                        (d) Information broadcasts. The COTP                     • Postal Mail, Commercial Delivery,                schedule an appointment for this type of
                                                      Pittsburgh or a designated                              or Hand Delivery:                                     accommodation or auxiliary aid, please
                                                      representative will inform the public                      If you mail or deliver your comments               contact the person listed under FOR
                                                      through broadcast notices to mariners of                about these proposed regulations,                     FURTHER INFORMATION CONTACT.
                                                      the enforcement period for the safety                   address them to Kristen Rhinehart-                       Purpose of Program: Under the
                                                      zone as well as any changes in the                      Fernandez, U.S. Department of                         Rehabilitation Act of 1973, as amended
                                                      planned schedule.                                       Education, 400 Maryland Avenue SW.,                   (the Rehabilitation Act), the
                                                        Dated: April 27, 2015.                                Room 5027, Potomac Center Plaza                       Rehabilitation Services Administration
                                                                                                              (PCP), Washington, DC 20202–2800.                     (RSA) makes grants to States and public
                                                      L.N. Weaver,
                                                                                                                Privacy Note: The Department’s policy is            or nonprofit agencies and organizations
                                                      Commander, U.S. Coast Guard, Captain of
                                                                                                              to make all comments received from                    (including institutions of higher
                                                      the Port Pittsburgh.
                                                                                                              members of the public available for public            education) to support projects that
                                                      [FR Doc. 2015–12553 Filed 5–22–15; 8:45 am]
                                                                                                              viewing in their entirety on the Federal              provide training, traineeships, and TA
                                                      BILLING CODE 9110–04–P                                  eRulemaking Portal at www.regulations.gov.            designed to increase the numbers of,
                                                                                                              Therefore, commenters should be careful to            and improve the skills of, qualified
                                                                                                              include in their comments only information            personnel (especially rehabilitation
                                                      DEPARTMENT OF EDUCATION                                 that they wish to make publicly available.
                                                                                                                                                                    counselors) who are trained to: Provide
                                                                                                              FOR FURTHER INFORMATION CONTACT:                      vocational, medical, social, and
                                                      34 CFR Chapter III                                                                                            psychological rehabilitation services to
                                                                                                              Kristen Rhinehart-Fernandez.
                                                      [Docket ID ED–2015–OSERS–0035]                          Telephone: (202) 245–6103 or by email:                individuals with disabilities; assist
                                                                                                              Kristen.Rhinehart@ed.gov.                             individuals with communication and
                                                      Proposed Priority—Rehabilitation                           If you use a telecommunications                    related disorders; and provide other
                                                      Training: Institute on Rehabilitation                   device for the deaf (TDD) or a text                   services authorized under the
                                                      Issues                                                  telephone (TTY), call the Federal Relay               Rehabilitation Act.
                                                      AGENCY:  Office of Special Education and                Service (FRS), toll free, at 1–800–877–                 Program Authority: 29 U.S.C. 772(a)(1).
                                                      Rehabilitative Services, Department of                  8339.
                                                                                                                                                                       Applicable Program Regulations: 34
                                                      Education.                                              SUPPLEMENTARY INFORMATION:                            CFR part 385.
                                                      ACTION: Proposed priority.                                 Invitation to Comment: We invite you                  Proposed Priority: This notice
                                                                                                              to submit comments regarding this                     contains one proposed priority.
                                                      [CFDA Number: 84.264C.]                                 notice. To ensure that your comments                     Institute on Rehabilitation Issues.
                                                      SUMMARY:   The Assistant Secretary for                  have maximum effect in developing the                    Background: For more than 55 years,
                                                      Special Education and Rehabilitative                    notice of final priority, we urge you to              the Institute on Rehabilitation Issues
                                                      Services proposes a priority to establish               identify clearly the specific section of              (IRI) has been a national forum for
                                                      a topical Institute on Rehabilitation                   the proposed priority that each                       discussing the important challenges
                                                      Issues (IRI). The Assistant Secretary may               comment addresses.                                    facing the State VR Services Program.
                                                      use this priority for competitions in                      We invite you to assist us in                      The IRI has also developed publications
                                                      fiscal year (FY) 2015 and later years. We               complying with the specific                           for use in training and TA for VR
                                                      take this action to provide training and                requirements of Executive Orders 12866                counselors, consumers, administrators,
                                                      technical assistance (TA) to improve the                and 13563 and their overall requirement               and other partners in the VR process. IRI
                                                      capacity of State Vocational                            of reducing regulatory burden that                    publications have provided a unique
                                                      Rehabilitation (VR) agencies and their                  might result from this proposed priority.             perspective on emerging issues and
                                                      partners to equip individuals with                      Please let us know of any further ways                promising practices in VR and are
                                                      disabilities with the skills and                        we could reduce potential costs or                    widely used by counselors and
                                                      competencies necessary to help them                     increase potential benefits while                     supervisors, human resource
                                                      obtain competitive integrated                           preserving the effective and efficient                development (HRD) specialists,
                                                      employment.                                             administration of the program.                        community-based rehabilitation service
                                                                                                                 During and after the comment period,               providers, administrators, researchers,
                                                      DATES:  We must receive your comments                   you may inspect all public comments                   and education and policy analysts (The
                                                      on or before June 25, 2015.                             about these proposed regulations by                   George Washington University and
                                                      ADDRESSES: Submit your comments                         accessing Regulations.gov. You may also               University of Arkansas CURRENTS,
                                                      through the Federal eRulemaking Portal                  inspect the comments in person in                     2015).
                                                      or via postal mail, commercial delivery,                Room 5042, 550 12th Street SW., PCP,                     The Workforce Innovation and
                                                      or hand delivery. We will not accept                    Washington, DC 20202–2800, between                    Opportunity Act of 2014 (WIOA) places
                                                      comments submitted by fax or by email                   the hours of 8:30 a.m. and 4:00 p.m.,                 a greater emphasis on incorporating job-
                                                      or those submitted after the comment                    Washington, DC time, Monday through                   driven training approaches into the VR
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                                                      period. To ensure that we do not receive                Friday of each week except Federal                    service delivery system and on
                                                      duplicate copies, please submit your                    holidays. Please contact the person                   increasing employment outcomes for
                                                      comments only once. In addition, please                 listed under FOR FURTHER INFORMATION                  individuals with disabilities. One of
                                                      include the Docket ID at the top of your                CONTACT.                                              these approaches includes working with
                                                      comments.                                                  Assistance to Individuals with                     employers to create on-the-job training
                                                        • Federal eRulemaking Portal: Go to                   Disabilities in Reviewing the                         opportunities that are responsive to the
                                                      www.regulations.gov to submit your                      Rulemaking Record: On request we will                 needs of employers and that provide
                                                      comments electronically. Information                    provide an appropriate accommodation                  individuals with skills that they need to
                                                      on using Regulations.gov, including                     or auxiliary aid to an individual with a              obtain competitive integrated


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                                                      30012                    Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules

                                                      employment (Biden, 2014). An IRI that                   return of $1.47 in increased productivity             Project Activities
                                                      concentrates on the topic of on-the-job                 and performance for every dollar they                    Under this priority, the IRI must, at a
                                                      training activities for individuals with                invest in apprenticeships.                            minimum, conduct the following
                                                      disabilities, such as paid internships,                 Unfortunately, too few American                       activities:
                                                      pre-apprenticeships, and registered                     workers and employers have access to                     Knowledge Development Activities.
                                                      apprenticeships, is both timely and                     this proven training solution to prepare                 (a) Within the first year, conduct a
                                                      critical for assisting State VR agencies in             for better careers or to meet their needs             survey of State VR agencies and their
                                                      successfully incorporating job-driven                   for a skilled workforce (Biden, 2014).                partners to ascertain the number and
                                                      training approaches.                                    The IRI would provide State VR                        types of on-the-job training activities
                                                         Individuals with disabilities continue               agencies with the tools and TA they                   currently available to individuals with
                                                      to be underrepresented in the general                   need to connect individuals with                      disabilities and the outcomes associated
                                                      workforce as well as in high-growth                     disabilities to on-the-job training                   with completion of those activities.
                                                      industries. Recent estimates reported by                experiences in areas of growth or                        (1) Collect, at a minimum, the
                                                      the Bureau of Labor Statistics (BLS)                    projected growth that align with their                following data:
                                                      from the Current Employment Statistics                  skill sets and interests and the needs                   (i) The number of individuals with
                                                      Survey (February 2015), show a labor                    and demands of business and industry.                 disabilities who are currently engaged
                                                      force participation rate of 31.1 percent                                                                      in on-the-job training activities;
                                                      for people with disabilities ages 16 to                   References:
                                                                                                                                                                       (ii) The specific types of on-the-job
                                                      64, compared to 75.7 percent for people                 Biden, J. (2014). Ready to Work: Job-Driven           training activities the individuals
                                                      without disabilities. Similarly, the                        Training and American Opportunity,                referred to in paragraph (a)(1)(i) are
                                                      unemployment rate for people with                           July 2014. Available at:                          participating in, such as paid
                                                      disabilities (12.2 percent) is more than                    www.whitehouse.gov/sites/default/files/           internships, pre-apprenticeships, and
                                                      double the rate for people without                          skills_report_072014_2.pdf.
                                                                                                                                                                    registered apprenticeships;
                                                      disabilities (5.7 percent). In addition,                Burgstahler, S. and Bellman, S. (2009).                  (iii) The number of individuals with
                                                      analyses conducted by the Council of                        Differences in Perceived Benefits of
                                                                                                                                                                    disabilities who participated in on-the-
                                                      Economic Advisors that matched BLS                          Internships for Subgroups of Students
                                                                                                                                                                    job-training activities in the last 36
                                                      2012–2022 occupational projections                          with Disabilities. Journal of Vocational
                                                                                                                                                                    months;
                                                      with 2010–2012 American Community                           Rehabilitation, 31, 155–165.
                                                                                                                                                                       (iv) The number of individuals with
                                                      Survey data (Disability Community                       The George Washington University and the
                                                                                                                                                                    disabilities who successfully completed
                                                      Project) revealed that people with                          University of Arkansas Center for the
                                                                                                                  Utilization of Rehabilitation Resources
                                                                                                                                                                    on-the-job training activities in the last
                                                      disabilities who are employed tend to be                                                                      36 months, including the specific types
                                                                                                                  for Education, Networking, Training and
                                                      in low-paying occupations and are                                                                             of the on-the-job training;
                                                                                                                  Service Institute on Rehabilitation Issues
                                                      overrepresented in slower-growing and                                                                            (v) The number of individuals with
                                                                                                                  (UACURRENTS) (2015). Institute on
                                                      declining occupations, which lowers                                                                           disabilities who obtained competitive
                                                                                                                  Rehabilitation Issues. Available at:
                                                      their projected employment growth rate.                     www.iriforum.org/mission.aspx.                    integrated employment in the last 36
                                                      People with disabilities are also                       U.S. Department of Labor (DOL). (2015).               months after successfully completing
                                                      underrepresented in 16 of the top 20                        Economic New Release: Table A–6.                  on-the-job training activities;
                                                      fastest-growing occupations.                                Employment status of the civilian                    (vi) The number of individuals with
                                                         Despite these trends, information                        population by sex, age and disability             disabilities who did not successfully
                                                      indicates that there is substantial                         status, not seasonally adjusted. Available        complete on-the-job training activities
                                                      potential for job growth among people                       at: www.bls.gov/news.release/                     in the last 36 months;
                                                      with disabilities in well-paying                            empsit.t06.htm.                                      (vii) The number of State VR agency
                                                      occupations over the coming decade.                     U.S. Department of Labor (DOL), Office of             referrals to on-the-job training activities
                                                      However, whether such potential will                        Disability Employment Policy (ODEP).              in the last 36 months;
                                                      be realized depends in part on such                         New Disability Employment Data                       (viii) The number of on-the-job
                                                      factors as public and corporate policies                    Resources. Economic Picture of the                training activities developed through
                                                      regarding access to appropriate                             Disability Community Project. Available           partnerships between the State VR
                                                      education, computer skills, and other                       at: www.dol.gov/odep/topics/Disability            agencies and businesses in the last 36
                                                      training; disability income policies; and                   EmploymentStatistics.htm.                         months;
                                                      the availability of workplace                                                                                    (ix) The average length of time an
                                                      accommodations and other employment                        Proposed Priority: The purpose of this             individual with a disability participated
                                                      supports.                                               priority is to fund a two-year                        in an on-the-job training activity in the
                                                         Research demonstrates that when                      cooperative agreement to establish a                  last 36 months; and
                                                      students with disabilities participate in               topical Institute on Rehabilitation Issues               (x) The industries represented in the
                                                      internships they increase their                         (IRI) that concentrates on the subject of             on-the-job training activities.
                                                      motivation to work toward a career,                     on-the-job training activities for                       (2) By the end of the first year,
                                                      their knowledge of career options, their                individuals with disabilities, such as                identify any State VR agencies that have
                                                      job skills, their ability to work with                  paid internships, pre-apprenticeships,                not responded to the survey and follow-
                                                      supervisors and coworkers, and their                    and registered apprenticeships. As a                  up with those agencies in order to
                                                      knowledge of accommodation strategies                   result of this concentrated IRI, State VR             ensure at least a 75 percent response
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                                                      (Burgstahler and Bellman, 2009).                        agencies will gain practical knowledge                rate.
                                                      Furthermore, apprenticeships are a                      and technical assistance (TA) resources                  (b) In the beginning of the second
                                                      proven path to employment and the                       needed to increase the number of work-                year, follow up with State VR agencies
                                                      middle class: 87 percent of apprentices                 based learning experiences for                        that indicated that on-the-job training
                                                      are employed after completing their                     individuals with disabilities in high-                activities were developed through
                                                      programs, and the average starting wage                 growth fields that lead to competitive                partnerships between the State VR
                                                      for apprenticeship graduates is over                    integrated employment,’’ as that term is              agencies and businesses to collect:
                                                      $50,000. Studies from other countries                   defined in section 7(5) of the                           (1) Promising practices for creating,
                                                      show that employers reap an average                     Rehabilitation Act of 1973, as amended.               implementing, sustaining, and


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                                                                               Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules                                            30013

                                                      evaluating on-the-job training                          implementing, sustaining, and                         for individuals with disabilities created
                                                      experiences for individuals with                        evaluating on-the-job training activities             through public-private partnerships and
                                                      disabilities; and                                       for individuals with disabilities;                    outcomes resulting from those activities.
                                                         (2) Information about how on-the-job                    (2) Compare and contrast the data                  The Webinars also must include
                                                      training activities have supported                      collected from the survey conducted in                examples of how on-the-job training
                                                      employer efforts to hire individuals                    the first year of the grant with any                  activities have supported employer
                                                      with disabilities.                                      research and data collected from the                  efforts to hire individuals with
                                                         (c) In the beginning of the second                   literature review so that State VR                    disabilities.
                                                      year, follow up with State VR Agencies                  agencies can assess their progress                       (f) Ensure that all products (i.e.,
                                                      that indicated that individuals with                    towards incorporating job-driven                      survey results, compendium, TA
                                                      disabilities did not successfully                       training approaches into their service                Webinars) developed are widely
                                                      complete on-the-job training activities to              delivery system and increasing                        disseminated to counselors and
                                                      identify challenges or barriers that                    employment outcomes for individuals                   supervisors, Human Resource
                                                      prevented successful completion of on-                  with disabilities; and                                Development (HRD) specialists,
                                                      the-job training activities.                               (3) Include examples of how on-the-                community-based rehabilitation service
                                                         (d) In the second year, conduct an                   job training activities have supported                providers, administrators, researchers,
                                                      analysis of the survey results and any                  employer efforts to hire individuals                  education and policy analysts, and other
                                                      additional information collected                        with disabilities.                                    RSA job-driven projects, such as the
                                                      through follow-up and develop a                         Technical Assistance and                              JDVRTAC. To the extent possible, track
                                                      summary report.                                         Dissemination Activities                              the number and type of product
                                                         (e) Within the first year, complete a                                                                      recipients.
                                                      literature review.                                         (a) Provide two TA Webinars that are                  (g) Ensure that all products are made
                                                         (1) The literature review must gather,               recorded, archived, and made available                available in accessible formats and
                                                      at a minimum:                                           to State VR agencies, providers of                    submitted to the National Clearinghouse
                                                         (i) Promising practices and examples                 training, and relevant partners. The                  on Rehabilitation Training Materials
                                                      for creating, implementing, sustaining,                 Webinars must focus on the survey that                (NCRTM).
                                                      and evaluating on-the-job training                      must be conducted within the first year
                                                      activities for individuals with                         of the grant and include detail such as               Coordination Activities
                                                      disabilities;                                           the purpose of the survey, its design and                (a) Establish and maintain an on-the-
                                                         (ii) Qualitative or quantitative data                methodology, the process for                          job training community of practice
                                                      about how on-the-job training activities                disseminating the survey, instructions                through the NCRTM as a vehicle for
                                                      have supported employer efforts to hire                 for completing the survey, the                        communication, exchange of
                                                      individuals with disabilities; and                      submission deadline, and the timeline                 information, and dissemination of
                                                         (iii) Data on increased employment                   for conducting any necessary follow-up,               products and as a forum for collecting
                                                      and retention outcomes that occurred                    analyzing the responses, and developing               promising practices in implementing,
                                                      after completing on-the-job training                    a report. The Webinars must also serve                sustaining, and evaluating on-the-job
                                                      activities, especially for individuals                  as a vehicle for gathering input and                  training activities.
                                                      with disabilities.                                      feedback and answering questions.                        (b) Obtain regular input and feedback
                                                         (2) The literature review must                          (b) Provide two TA Webinars that are               from State VR agencies, providers of
                                                      consider the following resources:                       recorded, archived, and made available                training, partners, such as the Council of
                                                         (i) Curriculum guides developed by                   to State VR agencies, providers of                    State Administrators of Vocational
                                                      RSA’s Job-Driven Vocational                             training, and relevant partners that                  Rehabilitation (CSAVR) and CSAVR’s
                                                      Rehabilitation Technical Assistance                     detail the results and analyses of the                National Employment Team (the NET),
                                                      Center (JDVRTAC), as available;                         survey of the current status of existing              the National Council of State Agencies
                                                         (ii) The Vice President’s report,                    on-the-job training activities for                    for the Blind (NCSAB), the JDVRTAC,
                                                      ‘‘Ready to Work: Job-Driven Training                    individuals with disabilities in State VR             and other relevant entities in the survey
                                                      and American Opportunity,’’ July 2014;                  agencies, as well as how State VR                     and literature review, as well as in the
                                                         (iii) New disability employment data                 agencies might use this data to inform                development and dissemination of the
                                                      resources including, but not limited to,                their job-driven activities.                          survey analysis and the compendium
                                                      the Economic Picture of the Disability                     (c) Collect input and feedback on the              described in this priority.
                                                      Community Project developed by the                      draft compendium. The project must                       (c) Maintain ongoing communication
                                                      Office of Disability Employment Policy                  use a variety of vehicles, such as                    with RSA.
                                                      (ODEP); and                                             Webinars, teleconferences, online
                                                         (iv) Other relevant data sources and                 forums, and focus groups to engage                    Application Requirements
                                                      publications including, but not limited                 State VR agencies, providers of training,                To be funded under this priority,
                                                      to, promising practices and examples of                 and relevant partners in this process.                applicants must meet the application
                                                      on-the-job training experiences                            (d) Provide two TA Webinars that are               requirements in this priority. RSA
                                                      developed through the public workforce                  recorded, archived, and made available                encourages innovative approaches to
                                                      development system, as well as through                  to State VR agencies, providers of                    meet these requirements, which are:
                                                      public-private partnerships.                            training, and relevant partners that                     (a) Demonstrate in the narrative
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                                                         (f) Within the first six months of the               highlight promising practices,                        section of the application under
                                                      second year, develop a compendium                       publications, examples, and resource                  ‘‘Significance of the Proposed Project’’
                                                      designed for use by all levels of State VR              materials contained in the compendium.                how the proposed project will address
                                                      agency personnel. The compendium                           (e) Provide two TA Webinars that are               State VR agencies’ capacity to develop
                                                      must, at a minimum:                                     recorded, archived, and made available                on-the-job training activities for
                                                         (1) Include promising practices,                     to State VR agencies, providers of                    individuals with disabilities that reflect
                                                      publications, examples, and other                       training, and relevant partners and that              the current and future demands of the
                                                      relevant materials that will support                    feature real-world examples of                        labor market. To meet this requirement,
                                                      State VR agencies in creating,                          successful on-the-job training activities             the applicant must:


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                                                      30014                    Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules

                                                         (1) Demonstrate knowledge of today’s                 have the qualifications and experience                application by (1) awarding additional
                                                      labor market, including current and                     to perform the activities to provide State            points, depending on the extent to
                                                      projected areas of job growth and                       VR agencies with the tools and                        which the application meets the priority
                                                      knowledge, skills, and experiences that                 resources they need to increase the on-               (34 CFR 75.105(c)(2)(i)); or (2) selecting
                                                      are needed in order to meet the needs                   the-job training activities for individuals           an application that meets the priority
                                                      and demands of business and industry;                   with disabilities. To meet this                       over an application of comparable merit
                                                         (2) Demonstrate knowledge of                         requirement, the applicant must                       that does not meet the priority (34 CFR
                                                      innovative or promising practices in                    demonstrate that:                                     75.105(c)(2)(ii)).
                                                      building and maintaining effective on-                     (1) The applicant and any key                         Invitational priority: Under an
                                                      the-job training activities, especially for             partners possess adequate resources to                invitational priority, we are particularly
                                                      individuals with disabilities; and                      carry out the proposed activities; and                interested in applications that meet the
                                                         (3) Demonstrate the extent to which                     (2) The proposed costs are reasonable              priority. However, we do not give an
                                                      the proposed project is likely to build                 in relation to the anticipated results and            application that meets the priority a
                                                      the capacity of State VR agencies to                    benefits.                                             preference over other applications (34
                                                      provide, strengthen, and increase the                      (d) Demonstrate, in the narrative                  CFR 75.105(c)(1)).
                                                      number of on-the-job training activities                section of the application under                         Final Priority: We will announce the
                                                      for individuals with disabilities.                      ‘‘Quality of the Management Plan,’’ how               final priority in a notice in the Federal
                                                         (b) Demonstrate, in the narrative                    the proposed management plan will                     Register. We will determine the final
                                                      section of the application under                        ensure that the project’s intended                    priority after considering responses to
                                                      ‘‘Quality of Project Services,’’ how the                outcomes will be achieved on time and                 this notice and other information
                                                      proposed project will achieve its goals,                within budget. To address this                        available to the Department. This notice
                                                      objectives, and intended outcomes. To                   requirement, the applicant must                       does not preclude us from proposing
                                                      meet this requirement, the applicant                    describe—                                             additional priorities, requirements,
                                                      must:                                                      (1) Clearly defined roles and                      definitions, or selection criteria, subject
                                                         (1) Provide a detailed plan for how                  responsibilities for key project                      to meeting applicable rulemaking
                                                      the proposed project will conduct the                   personnel, consultants, and subawards,                requirements.
                                                      activities required in this priority. The               as applicable;                                           Note: This notice does not solicit
                                                      plan must include a description of the                     (2) Timelines and milestones for                   applications. In any year in which we
                                                      design and methodology that will be                     accomplishing the project tasks;                      choose to use this priority, we invite
                                                      used to survey State VR agencies in the                    (3) Key project personnel and any                  applications through a notice in the
                                                      first year, rationale to support the                    consultants, key partners, and subaward               Federal Register.
                                                      survey design and methodology, a                        recipients that will be allocated to the
                                                      strategy for disseminating the survey to                project, their respective level of effort             Executive Orders 12866 and 13563
                                                      all State VR agencies, a strategy to                    designated for the project, and how                   Paperwork Reduction Act of 1995
                                                      ensure a 75 percent survey response                     these allocations are appropriate and
                                                      rate, and an approach for conducting                    adequate to achieve the project’s                       As part of its continuing effort to
                                                      follow-up with State VR agencies;                       intended outcomes, including an                       reduce paperwork and respondent
                                                         (2) Demonstrate the extent to which                  assurance that all personnel will                     burden, the Department conducts a
                                                      the project activities reflect innovative               communicate with stakeholders and                     preclearance consultation program to
                                                      and up-to-date approaches, methods,                     RSA in a timely fashion;                              provide the general public and Federal
                                                      technologies, and effective practices;                     (4) How the proposed management                    agencies with an opportunity to
                                                         (3) Demonstrate how the literature                   plan will ensure that the knowledge                   comment on proposed and continuing
                                                      review will identify and incorporate                    development, TA, dissemination, and                   collections of information in accordance
                                                      promising practices and examples of the                 coordination activities and the                       with the Paperwork Reduction Act of
                                                      use of on-the-job training gathered from                developed products are of high quality;               1995 (PRA) (44 U.S.C. 3506(c)(2)(A)).
                                                      the public workforce development                        and                                                   This helps ensure that the public
                                                      system and from business and industry                      (5) The diversity of perspectives,                 understands the Department’s collection
                                                      in creating, implementing, sustaining,                  including those of counselors and                     instructions, respondents can provide
                                                      and evaluating on-the-job training                      supervisors, HRD specialists,                         the requested data in the desired format,
                                                      activities for individuals with                         community-based rehabilitation service                reporting burden (time and financial
                                                      disabilities;                                           providers, administrators, researchers,               resources) is minimized, collection
                                                         (4) Demonstrate how the project will                 and education and policy analysts that                instruments are clearly understood, and
                                                      collect Web analytics, including the                    the project will consider in its design               the Department can properly assess the
                                                      number of registrants and their                         making process.                                       impact of collection requirements on
                                                      respective agencies or associations, and                   Types of Priorities:                               respondents.
                                                      conduct a survey immediately following                     When inviting applications for a                     This proposed priority contains
                                                      the Webinars to measure the quality,                    competition using one or more                         information collection requirements that
                                                      relevance, and usefulness of the                        priorities, we designate the type of each             are approved by OMB under OMB
                                                      training; and                                           priority as absolute, competitive                     control number 1820–0018; this
                                                         (5) Demonstrate the extent to which                  preference, or invitational through a                 proposed regulation does not affect the
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      the project services are maximized                      notice in the Federal Register. The                   currently approved data collection.
                                                      through collaboration with the partners                 effect of each type of priority follows:
                                                                                                                                                                    Regulatory Impact Analysis
                                                      and stakeholders discussed in this                         Absolute priority: Under an absolute
                                                      priority.                                               priority, we consider only applications                  Under Executive Order 12866, the
                                                         (c) Demonstrate, in the narrative                    that meet the priority (34 CFR                        Secretary must determine whether this
                                                      section of the application under                        75.105(c)(3)).                                        proposed regulatory action is
                                                      ‘‘Adequacy of Project Resources,’’ how                     Competitive preference priority:                   ‘‘significant’’ and, therefore, subject to
                                                      the proposed key project personnel,                     Under a competitive preference priority,              the requirements of the Executive order
                                                      consultants, and subaward recipients                    we give competitive preference to an                  and subject to review by the Office of


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                                                                               Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Proposed Rules                                                 30015

                                                      Management and Budget (OMB).                            techniques to quantify anticipated                    and the Code of Federal Regulations is
                                                      Section 3(f) of Executive Order 12866                   present and future benefits and costs as              available via the Federal Digital System
                                                      defines a ‘‘significant regulatory action’’             accurately as possible.’’ The Office of               at: www.gpo.gov/fdsys. At this site you
                                                      as an action likely to result in a rule that            Information and Regulatory Affairs of                 can view this document, as well as all
                                                      may—                                                    OMB has emphasized that these                         other documents of this Department
                                                         (1) Have an annual effect on the                     techniques may include ‘‘identifying                  published in the Federal Register, in
                                                      economy of $100 million or more, or                     changing future compliance costs that                 text or Adobe Portable Document
                                                      adversely affect a sector of the economy,               might result from technological                       Format (PDF). To use PDF you must
                                                      productivity, competition, jobs, the                    innovation or anticipated behavioral                  have Adobe Acrobat Reader, which is
                                                      environment, public health or safety, or                changes.’’                                            available free at the site.
                                                      State, local, or tribal governments or                     We are issuing this proposed priority                 You may also access documents of the
                                                      communities in a material way (also                     only on a reasoned determination that                 Department published in the Federal
                                                      referred to as an ‘‘economically                        its benefits would justify its costs. In              Register by using the article search
                                                      significant’’ rule);                                    choosing among alternative regulatory                 feature at: www.federalregister.gov.
                                                         (2) Create serious inconsistency or                  approaches, we selected those                         Specifically, through the advanced
                                                      otherwise interfere with an action taken                approaches that would maximize net                    search feature at this site, you can limit
                                                      or planned by another agency;                           benefits. Based on the analysis that                  your search to documents published by
                                                         (3) Materially alter the budgetary                   follows, the Department believes that                 the Department.
                                                      impacts of entitlement grants, user fees,               this regulatory action is consistent with
                                                                                                                                                                      Dated: May 18, 2015.
                                                      or loan programs or the rights and                      the principles in Executive Order 13563.
                                                      obligations of recipients thereof; or                      We also have determined that this                  Sue Swenson,
                                                         (4) Raise novel legal or policy issues               regulatory action would not unduly                    Acting Assistant Secretary for Special
                                                      arising out of legal mandates, the                      interfere with State, local, and tribal               Education and Rehabilitative Services.
                                                      President’s priorities, or the principles               governments in the exercise of their                  [FR Doc. 2015–12510 Filed 5–22–15; 8:45 am]
                                                      stated in the Executive order.                          governmental functions.                               BILLING CODE 4000–01–P
                                                         This proposed regulatory action is not                  In accordance with both Executive
                                                      a significant regulatory action subject to              orders, the Department has assessed the
                                                      review by OMB under section 3(f) of                     potential costs and benefits, both                    ENVIRONMENTAL PROTECTION
                                                      Executive Order 12866.                                  quantitative and qualitative, of this                 AGENCY
                                                         We have also reviewed this proposed                  regulatory action. The potential costs
                                                      regulatory action under Executive Order                 are those resulting from statutory                    40 CFR Part 52
                                                      13563, which supplements and                            requirements and those we have                        [EPA–R03–OAR–2013–0816; FRL–9928–23–
                                                      explicitly reaffirms the principles,                    determined as necessary for                           Region 3]
                                                      structures, and definitions governing                   administering the Department’s
                                                      regulatory review established in                        programs and activities.                              Approval and Promulgation of Air
                                                      Executive Order 12866. To the extent                       We propose to fund through this                    Quality Implementation Plans;
                                                      permitted by law, Executive Order                       priority TA to State VR agencies to                   Delaware; Nonattainment New Source
                                                      13563 requires that an agency—                          improve the quality of VR services and                Review; Emission Offset Provisions
                                                         (1) Propose or adopt regulations only                ultimately the number and quality of
                                                      on a reasoned determination that their                  their employment outcomes. This                       AGENCY:  Environmental Protection
                                                      benefits justify their costs (recognizing               proposed priority would promote the                   Agency (EPA).
                                                      that some benefits and costs are difficult              efficient and effective use of Federal                ACTION: Proposed rule.
                                                      to quantify);                                           funds.
                                                         (2) Tailor its regulations to impose the                Intergovernmental Review: This                     SUMMARY:    The Environmental Protection
                                                      least burden on society, consistent with                program is subject to Executive Order                 Agency (EPA) is proposing to
                                                      obtaining regulatory objectives and                     12372 and the regulations in 34 CFR                   disapprove a State Implementation Plan
                                                      taking into account—among other things                  part 79. One of the objectives of the                 (SIP) revision submitted by the
                                                      and to the extent practicable—the costs                 Executive order is to foster an                       Delaware Department of Natural
                                                      of cumulative regulations;                              intergovernmental partnership and a                   Resources and Environmental Control
                                                         (3) In choosing among alternative                    strengthened federalism. The Executive                (DNREC) for the State of Delaware on
                                                      regulatory approaches, select those                     order relies on processes developed by                October 15, 2013. EPA is proposing this
                                                      approaches that maximize net benefits                   State and local governments for                       action because the submittal does not
                                                      (including potential economic,                          coordination and review of proposed                   satisfy the requirements of Clean Air
                                                      environmental, public health and safety,                Federal financial assistance.                         Act (CAA) or the Federal implementing
                                                      and other advantages; distributive                         This document provides early                       regulations, which establish the criteria
                                                      impacts; and equity);                                   notification of our specific plans and                under which the owner or operator of a
                                                         (4) To the extent feasible, specify                  actions for this program.                             new or modified major stationary source
                                                      performance objectives, rather than the                    Accessible Format: Individuals with                must obtain the required emission
                                                      behavior or manner of compliance a                      disabilities can obtain this document in              offsets ‘‘from the same source or other
                                                      regulated entity must adopt; and                        an accessible format (e.g., braille, large            sources in the same nonattainment
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                         (5) Identify and assess available                    print, audiotape, or compact disc) on                 area’’ with limited exceptions, for
                                                      alternatives to direct regulation,                      request to the program contact person                 Delaware’s nonattainment New Source
                                                      including economic incentives—such as                   listed under FOR FURTHER INFORMATION                  Review (NSR) preconstruction
                                                      user fees or marketable permits—to                      CONTACT.                                              permitting program. In addition, EPA is
                                                      encourage the desired behavior, or                         Electronic Access to This Document:                proposing disapproval of the SIP
                                                      provide information that enables the                    The official version of this document is              revision because Delaware exercises
                                                      public to make choices.                                 the document published in the Federal                 authorities that are reserved for EPA
                                                         Executive Order 13563 also requires                  Register. Free Internet access to the                 under section 107 of the CAA. This
                                                      an agency ‘‘to use the best available                   official edition of the Federal Register              action is being taken under the CAA.


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Document Created: 2018-02-21 10:31:43
Document Modified: 2018-02-21 10:31:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed priority.
DatesWe must receive your comments on or before June 25, 2015.
ContactKristen Rhinehart-Fernandez. Telephone: (202) 245-6103 or by email: [email protected]
FR Citation80 FR 30011 

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