80 FR 30399 - Proposed Priority-Technical Assistance Center for Vocational Rehabilitation Agency Program Evaluation and Quality Assurance

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range		30399-30403
FR Document		2015-12824
The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority under the Experimental and Innovative Training program. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2015 and later years. We take this action to focus Federal financial assistance on an identified national need. We intend the priority to support a Training and Technical Assistance Center for Vocational Rehabilitation Agency Program Evaluation and Quality Assurance (PEQA).
Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Proposed Rules]
[Pages 30399-30403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12824]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0048]


Proposed Priority--Technical Assistance Center for Vocational 
Rehabilitation Agency Program Evaluation and Quality Assurance

[CFDA Number: 84.263B.]
AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority under the Experimental and 
Innovative Training program. The Assistant Secretary may

[[Page 30400]]

use this priority for competitions in fiscal year (FY) 2015 and later 
years. We take this action to focus Federal financial assistance on an 
identified national need. We intend the priority to support a Training 
and Technical Assistance Center for Vocational Rehabilitation Agency 
Program Evaluation and Quality Assurance (PEQA).

DATES: We must receive your comments on or before June 29, 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 Don Bunuan, U.S. Department of Education, 400 Maryland Avenue 
SW., Room 5046, 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: Don Bunuan. Telephone: (202) 245-6616 
or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this priority. To ensure that your comments have maximum effect in 
developing the 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 this notice by accessing regulations.gov. You may also 
inspect the comments in person in room 5040, 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.
    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: This program is designed to (a) develop new 
types of training programs for rehabilitation personnel and to 
demonstrate the effectiveness of these new types of training programs 
for rehabilitation personnel in providing rehabilitation services to 
individuals with disabilities; and (b) develop new and improved methods 
of training rehabilitation personnel so that there may be a more 
effective delivery of rehabilitation services by State and other 
rehabilitation agencies.
    Program Authority: 29 U.S.C. 772(a)(1).
    Applicable Program Regulations: 34 CFR parts 385 and 387.
    Proposed Priority:
    This notice contains one proposed priority.
    Training and Technical Assistance Center for Vocational 
Rehabilitation Agency Program Evaluation and Quality Assurance (PEQA).
    Background:
    Federal agencies are increasingly being called upon to implement 
accountability systems designed to assess and improve the effectiveness 
and efficiency of the programs they administer. Legislation such as the 
Government Performance and Results Act of 1993 (GPRA) and the GPRA 
Modernization Act of 2010 have provided a performance management 
framework that holds Federal agencies accountable for achieving program 
results.
    The recently enacted Workforce Innovation and Opportunity Act 
(WIOA) made major changes to improve accountability for performance of 
the core programs of the Federal workforce system, including the State 
Vocational Rehabilitation (VR) Services program. In particular, WIOA 
amendments to section 106 of the Rehabilitation Act eliminate the VR 
program's evaluation standards and indicators and make the program 
subject to the common performance accountability measures, established 
in section 116(b) of WIOA, that are applicable to all core programs of 
the workforce development system.
    In addition to required evaluation activities under the 
Rehabilitation Act, section 116(e)(1) of WIOA requires States, in 
coordination with local boards and the State agencies responsible for 
the administration of the core programs, to conduct ongoing evaluations 
of activities carried out under such programs ``in order to promote, 
establish, implement, and utilize methods for continuously improving 
core program activities in order to achieve high-level performance 
within, and high-level outcomes from, the workforce development 
system.''
    To carry out the WIOA performance accountability and evaluation 
requirements, State VR agencies will need to build their capacity to 
develop and evaluate methods to achieve high-level performance and 
program outcomes, including the effective and efficient use of program 
resources. In particular, State VR agencies will need personnel with 
the knowledge and skills to improve agency performance management 
systems through rigorous program evaluation and the implementation of 
quality assurance systems.
    In anticipation of the increased focus on improving performance 
management, in 2011, the 36th Institute on Rehabilitation Issues (IRI) 
study group recommended that (1) the Rehabilitation Services 
Administration (RSA) work with the rehabilitation field to improve 
performance management systems and tools, and (2) State agencies 
embrace continuous improvement practices to properly inform public 
policy development and measurement of effectiveness (IRI, 2011). The 
36th IRI described how bolstering program evaluation and quality 
assurance within State agencies could improve the quality of service 
delivery and better achieve successful employment for VR consumers. For 
example, trained evaluators could provide agencies with valuable data 
and analysis to use in

[[Page 30401]]

planning and forecasting, to tailor training to meet the needs of 
staff, to evaluate staff performance, to respond to policy initiatives, 
and to monitor overall performance of the agency. As a result, State VR 
agencies will be more accountable, efficient, and successful.
    The demand for program evaluation and quality assurance skill 
development is also evidenced by the growing number of grassroots 
communities of practice. These communities of practice, which usually 
consist of VR agency staff, have identified that one of the greatest 
needs of State VR agencies is structured program evaluation training 
specifically tailored for existing staff.
    For State VR agencies, a workforce with skills focused on 
performance evaluation and quality assurance is essential. There is a 
demonstrated interest and need in the field for additional, structured 
training opportunities for new and existing State VR agency staff, and 
RSA believes a training and technical assistance center would be 
ideally suited to meet this need.
    Reference:
    Institute on Rehabilitation Issues (2011). Performance management: 
Program evaluation and quality assurance in vocational rehabilitation. 
Hot Springs, AR: University of Arkansas CURRENTS.
    Proposed Priority:
    The purpose of this proposed priority is to fund a cooperative 
agreement for a training and technical assistance center that will 
assist State vocational rehabilitation (VR) agencies to improve 
performance management by building their capacity to carry out high 
quality program evaluations and quality assurance practices that 
promote continuous program improvement.
    The Training and Technical Assistance Center for Program Evaluation 
and Quality Assurance (PEQA) will assist State VR agencies in building 
this capacity through professional education and training of vocational 
rehabilitation evaluators. To this end, PEQA will:
    (a) Provide educational opportunities for State VR staff from 
recognized experts in program evaluation and quality assurance;
    (b) Develop interagency collaboration networks and work teams 
committed to the improvement of quality assurance systems and tools; 
and
    (c) Deliver technical, professional, and continuing educational 
support to State VR program evaluators.
    Project Activities:
    To meet the requirements of this priority, the PEQA must, at a 
minimum, conduct the following activities:
    Basic Certification Program:
    (a) Develop a one-year certificate program in VR program evaluation 
that will result in increasing the numbers and qualifications of 
program evaluators in State VR agencies. At a minimum, this certificate 
program must:
    (1) Be designed to develop key competencies necessary for 
successful implementation of program evaluation and quality assurance 
activities, including, but not limited to:
    (i) Knowledge of the State-Federal VR program;
    (ii) Data collection methodologies;
    (iii) Data analysis and interpretation;
    (iv) Making evaluative judgments and recommendations;
    (v) Effective communication of results (including presentations, 
drafting reports, and building partnerships); and
    (vi) Ethical practice.
    (2) Be responsive to the prior knowledge and skills of 
participants;
    (3) Incorporate adult learning principles and opportunities for 
practice into training;
    (4) Be delivered through multiple modalities and in an accessible 
format;
    (5) Assess, at regular intervals, the progress of training 
participants toward attainment of the key competencies; and
    (6) Require the completion of a capstone project in order to 
successfully complete the program. The capstone project must:
    (i) Be completed within one year of the completion of formal 
coursework for the certificate program;
    (ii) Be conducted on a topic responsive to the needs of the State 
VR agency and agreed to by the PEQA, the participant, and the State VR 
agency; and
    (iii) Be completed as part of the normal work duties of the 
participant in the State VR agency.
    (7) Be provided at no cost to participants, excluding travel and 
per diem costs, which may be provided by the sponsoring agency.
    (b) Provide training through the certificate program to a cohort of 
eight to ten working professionals in each year of the project.
    (c) Select participants for the certificate program based, in part, 
on the considered recommendation of their employing State VR agencies.
    Special Topical Training:
    (a) Develop a series of special training opportunities for 
intermediate-level program evaluators. These training opportunities 
must, at a minimum:
    (1) Be designed to develop higher-level knowledge, skills, and 
abilities of program participants;
    (2) Be focused on a range of topics determined by the PEQA with 
input from State VR agencies and other relevant groups or 
organizations;
    (3) Provide opportunities for hands-on application of the 
competencies discussed in the trainings;
    (4) Be of sufficient duration and intensity to ensure that 
participants obtain the competencies discussed in the trainings; and
    (5) Assess the progress of program participants in attaining the 
competencies discussed in the trainings.

    Note: For purposes of this priority, an ``intermediate-level 
program evaluator'' is a program evaluator working for a State VR 
agency with the knowledge, skills, and abilities typically expected 
of a professional who has been in such a position for at least five 
years.


    (b) Conduct no fewer than four special training opportunities each 
year of the project.
    Coordination Activities:
    (a) Establish a community of practice that will act as a vehicle 
for communication, exchange of information among program evaluation 
professionals, and a forum for sharing the results of capstone projects 
that are in progress or have been completed. This community of practice 
must be focused on challenges facing project evaluation professionals 
and the development of key competencies to address such challenges;
    (b) Maintain a Web site that, at a minimum:
    (1) Provides a central location for later reference and use of 
capstone projects, resources from special training opportunities, and 
other relevant materials; and
    (2) Ensures peer-to-peer access between State VR project evaluation 
professionals.
    (c) Communicate and coordinate, on an ongoing basis, with other 
relevant Department-funded projects and those supported by the 
Departments of Labor, Commerce, and Health and Human Services; and
    (d) Maintain ongoing communication with the RSA project officer and 
other RSA staff as required.
    Application Requirements:
    To be funded under this priority, applicants must meet the 
application and administrative 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 Project,'' how the proposed project will--
    (1) Address State VR agencies' capacity to conduct high quality 
program evaluation and data analysis

[[Page 30402]]

activities. To address this requirement, the applicant must:
    (i) Demonstrate knowledge of emerging and best practices in program 
evaluation and quality assurance;
    (ii) Demonstrate knowledge of current State VR and other efforts 
designed to improve evaluation and performance management practices.
    (2) Increase the number of program evaluators working in State VR 
agencies who have obtained a certificate in their field of work and the 
number and quality of program evaluation activities performed by State 
VR agencies.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Services,'' how the proposed project will--
    (1) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes;
    (ii) A plan for how the proposed project will achieve its intended 
outcomes; and
    (iii) A plan for communicating and coordinating with relevant 
training programs and communities of practice, State VR agencies, and 
other RSA partners.
    (2) Use a conceptual framework to develop project plans and 
activities, describing any underlying concepts, assumptions, 
expectations, beliefs, or theories, as well as the presumed 
relationships or linkages among these variables, and any empirical 
support for this framework.
    (3) Be based on current research and make use of evidence-based 
practices. To meet this requirement, the applicant must describe:
    (i) How the current research about adult learning principles and 
implementation science will inform the proposed training; and
    (ii) How the proposed project will incorporate current research and 
evidence-based practices in the development and delivery of its 
products and services.
    (4) Develop products and provide services that are of high quality 
and sufficient intensity and duration to achieve the intended outcomes 
of the proposed project. To address this requirement, the applicant 
must describe--
    (i) Its proposed curriculum for a certificate program for VR 
evaluation professionals;
    (ii) Its proposed plan for recruiting and selecting trainees for 
the certification program;
    (iii) Its proposed plan for collecting information on the impact of 
capstone projects;
    (iv) Its proposed plan for identifying, selecting and addressing 
the special topical program evaluation and quality assurance related 
training needs of State VR agency staff;
    (v) Its proposed plan for annual follow-up with participants in 
special training opportunities;
    (5) Develop products and implement services to maximize the 
project's efficiency. To address this requirement, the applicant must 
describe--
    (i) How the proposed project will use technology to achieve the 
intended project outcomes; and
    (ii) With whom the proposed project will collaborate and the 
intended outcomes of this collaboration.
    (c) Demonstrate, in the narrative section of the application under 
``Quality of the Evaluation Plan,'' how the proposed project will--
    (1) Measure and track the effectiveness of the training provided. 
To meet this requirement, the applicant must describe its proposed 
approach to--
    (i) Collecting data on the effectiveness of training activities;
    (ii) Analyzing and reporting data on the effectiveness of training, 
including any proposed standards or targets for determining 
effectiveness;
    (2) Collect and analyze data on specific and measurable goals, 
objectives, and intended outcomes of the project, including measuring 
and tracking the effectiveness of the training provided. To address 
this requirement, the applicant must describe--
    (i) Its proposed evaluation methodologies, including instruments, 
data collection methods, and analyses;
    (ii) Its proposed standards or targets for determining 
effectiveness;
    (iii) How it will use the evaluation results to examine the 
effectiveness of its implementation and its progress toward achieving 
the intended outcomes; and
    (iv) How the methods of evaluation will produce quantitative and 
qualitative data that demonstrate whether the project and individual 
training activities achieved their intended outcomes.
    (d) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how--
    (1) The proposed project will encourage applications for employment 
from persons who are members of groups that have traditionally been 
underrepresented based on race, color, national origin, gender, age, or 
disability, as appropriate;
    (2) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to achieve the 
project's intended outcomes;
    (3) The applicant and any key partners have adequate resources to 
carry out the proposed activities; and
    (4) The proposed costs are reasonable in relation to the 
anticipated results and benefits.
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how--
    (1) 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--
    (i) Clearly defined responsibilities for key project personnel, 
consultants, and subcontractors, as applicable; and
    (ii) Timelines and milestones for accomplishing the project tasks.
    (2) Key project personnel and any consultants and subcontractors 
will be allocated to the project and how these allocations are 
appropriate and adequate to achieve the project's intended outcomes, 
including an assurance that such personnel will have adequate 
availability to ensure timely communications with stakeholders and RSA;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of State and local personnel, technical 
assistance providers, researchers, and policy makers, among others, in 
its development and operation.
    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)).

[[Page 30403]]

    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:
    Regulatory Impact Analysis:
    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only 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 would 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 their benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that maximize net benefits. Based on the analysis that follows, the 
Department believes that this regulatory action is consistent with the 
principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of a grant under the Rehabilitation Training program 
have been established over the years through the successful completion 
of similar training projects funded for the purpose of improving the 
skills of State VR agency staff. The proposed priority would 
specifically improve the skills of State VR agency evaluators. A 
project of this type will be particularly beneficial to State VR 
agencies in this era of increased emphasis on accountability and 
program results.
    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 21, 2015.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2015-12824 Filed 5-27-15; 8:45 am]
BILLING CODE 4000-01-P
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cooperation to meet shared challenges helpful comments reference a specific Rulemaking, ARM–1, 800 Independence
involving health, safety, labor, security, portion of the proposal, explain the Avenue SW., Washington, DC 20591, or
environmental, and other issues, and to reason for any recommended change, by calling (202) 267–9680. Commenters
reduce, eliminate, or prevent and include supporting data. To ensure must identify the docket or notice
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requirements. The FAA has analyzed comments, commenters should send All documents the FAA considered in
this action under the policies and only one copy of written comments, or developing this proposed rule,
agency responsibilities of Executive if comments are filed electronically, including economic analyses and
Order 13609, and has determined that commenters should submit only one technical reports, may be accessed from
this action would have no effect on time. the Internet through the Federal
international regulatory cooperation. The FAA will file in the docket all eRulemaking Portal referenced in item
comments it receives, as well as a report (1) above.
G. Environmental Analysis summarizing each substantive public
FAA Order 1050.1E identifies FAA contact with FAA personnel concerning List of Subjects in 14 CFR Part 91
actions that are categorically excluded this proposed rulemaking. Before acting Air traffic control, Aircraft, Aviation
from preparation of an environmental on this proposal, the FAA will consider safety.
assessment or environmental impact all comments it receives on or before the The Proposed Amendment
statement under the National closing date for comments. The FAA
Environmental Policy Act in the will consider comments filed after the In consideration of the foregoing, the
absence of extraordinary circumstances. comment period has closed if it is Federal Aviation Administration
The FAA has determined this possible to do so without incurring proposes to amend chapter I of title 14,
rulemaking action qualifies for the expense or delay. The agency may Code of Federal Regulations as follows:
categorical exclusion identified in change this proposal in light of the
paragraph 312d (regulatory documents comments it receives. PART 91—GENERAL OPERATING AND
covering administrative or procedural Proprietary or Confidential Business FLIGHT RULES
requirements) and involves no Information: Commenters should not ■ 1. The authority citation for part 91
extraordinary circumstances. file proprietary or confidential business continues to read as follows:
information in the docket. Such
V. Executive Order Determinations Authority: 49 U.S.C. 106(f), 106(g), 1155,
information must be sent or delivered
A. Executive Order 13132, Federalism directly to the person identified in the 40103, 40113, 40120, 44101, 44111, 44701,
44704, 44709, 44711, 44712, 44715, 44716,
The FAA has analyzed this proposed FOR FURTHER INFORMATION CONTACT
44717, 44722, 46306, 46315, 46316, 46504,
rule under the principles and criteria of section of this document, and marked as 46506–46507, 47122, 47508, 47528–47531,
Executive Order 13132, Federalism. The proprietary or confidential. If submitting 47534, articles 12 and 29 of the Convention
agency has determined that this action information on a disk or CD–ROM, mark on International Civil Aviation (61 Stat.
would not have a substantial direct the outside of the disk or CD–ROM, and 1180), (126 Stat. 11).
effect on the States, or the relationship identify electronically within the disk or ■ 2. Amend Appendix G, Section 3 by
between the Federal Government and CD–ROM the specific information that removing and reserving paragraph
the States, or on the distribution of is proprietary or confidential. (b)(1).
power and responsibilities among the Under 14 CFR 11.35(b), if the FAA is
aware of proprietary information filed Issued under authority provided by 49
various levels of government, and, U.S.C. 106(f), 40113 and 44701 in
therefore, would not have Federalism with a comment, the agency does not
Washington, DC, on May 20, 2015.
implications. place it in the docket. It is held in a
separate file to which the public does John S. Duncan,
B. Executive Order 13211, Regulations not have access, and the FAA places a Director, Flight Standards Service.
That Significantly Affect Energy Supply, note in the docket that it has received [FR Doc. 2015–12816 Filed 5–27–15; 8:45 am]
Distribution, or Use it. If the FAA receives a request to BILLING CODE 4910–13–P

The FAA analyzed this proposed rule examine or copy this information, it
under Executive Order 13211, Actions treats it as any other request under the
Concerning Regulations that Freedom of Information Act (5 U.S.C. DEPARTMENT OF EDUCATION
Significantly Affect Energy Supply, 552). The FAA processes such a request
Distribution, or Use (May 18, 2001). The under DOT procedures found in 49 CFR 34 CFR Chapter III
agency has determined that it would not part 7. [Docket ID ED–2015–OSERS–0048]
be a ‘‘significant energy action’’ under B. Availability of Rulemaking
the executive order and would not be Documents Proposed Priority—Technical
likely to have a significant adverse effect Assistance Center for Vocational
on the supply, distribution, or use of An electronic copy of rulemaking Rehabilitation Agency Program
energy. documents may be obtained from the Evaluation and Quality Assurance
Internet by—
VI. Additional Information 1. Searching the Federal eRulemaking [CFDA Number: 84.263B.]
Portal (http://www.regulations.gov); AGENCY: Office of Special Education and
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS

A. Comments Invited
2. Visiting the FAA’s Regulations and Rehabilitative Services, Department of
The FAA invites interested persons to Policies Web page at http:// Education.
participate in this rulemaking by www.faa.gov/regulations_policies or ACTION: Proposed priority.
submitting written comments, data, or 3. Accessing the Government Printing
views. The agency also invites Office’s Web page at http:// SUMMARY: The Assistant Secretary for
comments relating to the economic, www.gpo.gov/fdsys/. Special Education and Rehabilitative
environmental, energy, or federalism Copies may also be obtained by Services proposes a priority under the
impacts that might result from adopting sending a request to the Federal Experimental and Innovative Training
the proposals in this NPRM. The most Aviation Administration, Office of program. The Assistant Secretary may

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30400 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules

use this priority for competitions in requirements of Executive Orders 12866 accountable for achieving program
fiscal year (FY) 2015 and later years. We and 13563 and their overall requirement results.
take this action to focus Federal of reducing regulatory burden that The recently enacted Workforce
financial assistance on an identified might result from this proposed priority. Innovation and Opportunity Act
national need. We intend the priority to Please let us know of any further ways (WIOA) made major changes to improve
support a Training and Technical we could reduce potential costs or accountability for performance of the
Assistance Center for Vocational increase potential benefits while core programs of the Federal workforce
Rehabilitation Agency Program preserving the effective and efficient system, including the State Vocational
Evaluation and Quality Assurance administration of the program. Rehabilitation (VR) Services program. In
(PEQA). During and after the comment period, particular, WIOA amendments to
DATES: We must receive your comments you may inspect all public comments section 106 of the Rehabilitation Act
on or before June 29, 2015. about this notice by accessing eliminate the VR program’s evaluation
regulations.gov. You may also inspect standards and indicators and make the
ADDRESSES: Submit your comments
the comments in person in room 5040, program subject to the common
through the Federal eRulemaking Portal
550 12th Street SW., PCP, Washington, performance accountability measures,
or via postal mail, commercial delivery,
DC 20202–2800, between the hours of established in section 116(b) of WIOA,
or hand delivery. We will not accept
8:30 a.m. and 4:00 p.m., Washington, that are applicable to all core programs
comments submitted by fax or by email
DC time, Monday through Friday of of the workforce development system.
or those submitted after the comment In addition to required evaluation
period. To ensure that we do not receive each week except Federal holidays.
Assistance to Individuals with activities under the Rehabilitation Act,
duplicate copies, please submit your section 116(e)(1) of WIOA requires
comments only once. In addition, please Disabilities in Reviewing the
Rulemaking Record: On request we will States, in coordination with local boards
include the Docket ID at the top of your and the State agencies responsible for
comments. provide an appropriate accommodation
or auxiliary aid to an individual with a the administration of the core programs,
• Federal eRulemaking Portal: Go to
disability who needs assistance to to conduct ongoing evaluations of
www.regulations.gov to submit your activities carried out under such
comments electronically. Information review the comments or other
documents in the public rulemaking programs ‘‘in order to promote,
on using Regulations.gov, including establish, implement, and utilize
instructions for accessing agency record for this notice. If you want to
schedule an appointment for this type of methods for continuously improving
documents, submitting comments, and core program activities in order to
viewing the docket, is available on the accommodation or auxiliary aid, please
contact the person listed under FOR achieve high-level performance within,
site under ‘‘Are you new to the site?’’ and high-level outcomes from, the
• Postal Mail, Commercial Delivery, FURTHER INFORMATION CONTACT.
Purpose of Program: This program is workforce development system.’’
or Hand Delivery: If you mail or deliver To carry out the WIOA performance
your comments about these proposed designed to (a) develop new types of
training programs for rehabilitation accountability and evaluation
regulations, address them to Don requirements, State VR agencies will
Bunuan, U.S. Department of Education, personnel and to demonstrate the
effectiveness of these new types of need to build their capacity to develop
400 Maryland Avenue SW., Room 5046, and evaluate methods to achieve high-
Potomac Center Plaza (PCP), training programs for rehabilitation
personnel in providing rehabilitation level performance and program
Washington, DC 20202–2800. outcomes, including the effective and
Privacy Note: The Department’s services to individuals with disabilities;
and (b) develop new and improved efficient use of program resources. In
policy is to make all comments received particular, State VR agencies will need
from members of the public available for methods of training rehabilitation
personnel so that there may be a more personnel with the knowledge and skills
public viewing in their entirety on the to improve agency performance
Federal eRulemaking Portal at effective delivery of rehabilitation
services by State and other management systems through rigorous
www.regulations.gov. Therefore, program evaluation and the
commenters should be careful to rehabilitation agencies.
Program Authority: 29 U.S.C. implementation of quality assurance
include in their comments only systems.
information that they wish to make 772(a)(1).
Applicable Program Regulations: 34 In anticipation of the increased focus
publicly available. on improving performance management,
CFR parts 385 and 387.
FOR FURTHER INFORMATION CONTACT: Don in 2011, the 36th Institute on
Proposed Priority:
Bunuan. Telephone: (202) 245–6616 or This notice contains one proposed Rehabilitation Issues (IRI) study group
by email: don.bunuan@ed.gov. priority. recommended that (1) the Rehabilitation
If you use a telecommunications Training and Technical Assistance Services Administration (RSA) work
device for the deaf (TDD) or a text Center for Vocational Rehabilitation with the rehabilitation field to improve
telephone (TTY), call the Federal Relay Agency Program Evaluation and Quality performance management systems and
Service (FRS), toll free, at 1–800–877– Assurance (PEQA). tools, and (2) State agencies embrace
8339. Background: continuous improvement practices to
SUPPLEMENTARY INFORMATION: Federal agencies are increasingly properly inform public policy
Invitation to Comment: We invite you being called upon to implement development and measurement of
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS

to submit comments regarding this accountability systems designed to effectiveness (IRI, 2011). The 36th IRI
priority. To ensure that your comments assess and improve the effectiveness described how bolstering program
have maximum effect in developing the and efficiency of the programs they evaluation and quality assurance within
final priority, we urge you to identify administer. Legislation such as the State agencies could improve the quality
clearly the specific section of the Government Performance and Results of service delivery and better achieve
proposed priority that each comment Act of 1993 (GPRA) and the GPRA successful employment for VR
addresses. Modernization Act of 2010 have consumers. For example, trained
We invite you to assist us in provided a performance management evaluators could provide agencies with
complying with the specific framework that holds Federal agencies valuable data and analysis to use in

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Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules 30401

planning and forecasting, to tailor Basic Certification Program: from State VR agencies and other
training to meet the needs of staff, to (a) Develop a one-year certificate relevant groups or organizations;
evaluate staff performance, to respond program in VR program evaluation that (3) Provide opportunities for hands-on
to policy initiatives, and to monitor will result in increasing the numbers application of the competencies
overall performance of the agency. As a and qualifications of program evaluators discussed in the trainings;
result, State VR agencies will be more in State VR agencies. At a minimum, (4) Be of sufficient duration and
accountable, efficient, and successful. this certificate program must: intensity to ensure that participants
The demand for program evaluation (1) Be designed to develop key obtain the competencies discussed in
and quality assurance skill development competencies necessary for successful the trainings; and
is also evidenced by the growing implementation of program evaluation (5) Assess the progress of program
number of grassroots communities of and quality assurance activities, participants in attaining the
practice. These communities of practice, including, but not limited to: competencies discussed in the trainings.
which usually consist of VR agency (i) Knowledge of the State-Federal VR Note: For purposes of this priority, an
staff, have identified that one of the program; ‘‘intermediate-level program evaluator’’ is a
greatest needs of State VR agencies is (ii) Data collection methodologies; program evaluator working for a State VR
structured program evaluation training (iii) Data analysis and interpretation; agency with the knowledge, skills, and
specifically tailored for existing staff. (iv) Making evaluative judgments and abilities typically expected of a professional
For State VR agencies, a workforce recommendations; who has been in such a position for at least
with skills focused on performance (v) Effective communication of results five years.
evaluation and quality assurance is (including presentations, drafting
essential. There is a demonstrated reports, and building partnerships); and (b) Conduct no fewer than four special
interest and need in the field for (vi) Ethical practice. training opportunities each year of the
additional, structured training (2) Be responsive to the prior project.
knowledge and skills of participants; Coordination Activities:
opportunities for new and existing State
(3) Incorporate adult learning (a) Establish a community of practice
VR agency staff, and RSA believes a
principles and opportunities for practice that will act as a vehicle for
training and technical assistance center
into training; communication, exchange of
would be ideally suited to meet this
(4) Be delivered through multiple information among program evaluation
need.
Reference: modalities and in an accessible format; professionals, and a forum for sharing
Institute on Rehabilitation Issues (5) Assess, at regular intervals, the the results of capstone projects that are
(2011). Performance management: progress of training participants toward in progress or have been completed.
Program evaluation and quality attainment of the key competencies; and This community of practice must be
assurance in vocational rehabilitation. (6) Require the completion of a focused on challenges facing project
Hot Springs, AR: University of Arkansas capstone project in order to successfully evaluation professionals and the
CURRENTS. complete the program. The capstone development of key competencies to
Proposed Priority: project must: address such challenges;
The purpose of this proposed priority (i) Be completed within one year of (b) Maintain a Web site that, at a
is to fund a cooperative agreement for a the completion of formal coursework for minimum:
training and technical assistance center the certificate program; (1) Provides a central location for later
that will assist State vocational (ii) Be conducted on a topic reference and use of capstone projects,
rehabilitation (VR) agencies to improve responsive to the needs of the State VR resources from special training
performance management by building agency and agreed to by the PEQA, the opportunities, and other relevant
their capacity to carry out high quality participant, and the State VR agency; materials; and
program evaluations and quality and (2) Ensures peer-to-peer access
assurance practices that promote (iii) Be completed as part of the between State VR project evaluation
continuous program improvement. normal work duties of the participant in professionals.
The Training and Technical the State VR agency. (c) Communicate and coordinate, on
Assistance Center for Program (7) Be provided at no cost to an ongoing basis, with other relevant
Evaluation and Quality Assurance participants, excluding travel and per Department-funded projects and those
(PEQA) will assist State VR agencies in diem costs, which may be provided by supported by the Departments of Labor,
building this capacity through the sponsoring agency. Commerce, and Health and Human
professional education and training of (b) Provide training through the Services; and
vocational rehabilitation evaluators. To certificate program to a cohort of eight (d) Maintain ongoing communication
this end, PEQA will: to ten working professionals in each with the RSA project officer and other
(a) Provide educational opportunities year of the project. RSA staff as required.
for State VR staff from recognized (c) Select participants for the Application Requirements:
experts in program evaluation and certificate program based, in part, on the To be funded under this priority,
quality assurance; considered recommendation of their applicants must meet the application
(b) Develop interagency collaboration employing State VR agencies. and administrative requirements in this
networks and work teams committed to Special Topical Training: priority. RSA encourages innovative
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the improvement of quality assurance (a) Develop a series of special training approaches to meet these requirements,
systems and tools; and opportunities for intermediate-level which are:
(c) Deliver technical, professional, program evaluators. These training (a) Demonstrate, in the narrative
and continuing educational support to opportunities must, at a minimum: section of the application under
State VR program evaluators. (1) Be designed to develop higher- ‘‘Significance of the Project,’’ how the
Project Activities: level knowledge, skills, and abilities of proposed project will—
To meet the requirements of this program participants; (1) Address State VR agencies’
priority, the PEQA must, at a minimum, (2) Be focused on a range of topics capacity to conduct high quality
conduct the following activities: determined by the PEQA with input program evaluation and data analysis

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30402 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules

activities. To address this requirement, (iv) Its proposed plan for identifying, subcontractors have the qualifications
the applicant must: selecting and addressing the special and experience to achieve the project’s
(i) Demonstrate knowledge of topical program evaluation and quality intended outcomes;
emerging and best practices in program assurance related training needs of State (3) The applicant and any key
evaluation and quality assurance; VR agency staff; partners have adequate resources to
(ii) Demonstrate knowledge of current (v) Its proposed plan for annual carry out the proposed activities; and
State VR and other efforts designed to follow-up with participants in special (4) The proposed costs are reasonable
improve evaluation and performance training opportunities; in relation to the anticipated results and
management practices. (5) Develop products and implement benefits.
(2) Increase the number of program services to maximize the project’s (e) Demonstrate, in the narrative
evaluators working in State VR agencies efficiency. To address this requirement, section of the application under
who have obtained a certificate in their the applicant must describe— ‘‘Quality of the Management Plan,’’
field of work and the number and (i) How the proposed project will use how—
quality of program evaluation activities technology to achieve the intended (1) The proposed management plan
performed by State VR agencies. project outcomes; and will ensure that the project’s intended
(b) Demonstrate, in the narrative (ii) With whom the proposed project outcomes will be achieved on time and
section of the application under will collaborate and the intended within budget. To address this
‘‘Quality of Project Services,’’ how the outcomes of this collaboration. requirement, the applicant must
proposed project will— (c) Demonstrate, in the narrative
(1) Achieve its goals, objectives, and describe—
section of the application under (i) Clearly defined responsibilities for
intended outcomes. To meet this ‘‘Quality of the Evaluation Plan,’’ how
requirement, the applicant must key project personnel, consultants, and
the proposed project will— subcontractors, as applicable; and
provide— (1) Measure and track the
(i) Measurable intended project (ii) Timelines and milestones for
effectiveness of the training provided. accomplishing the project tasks.
outcomes; To meet this requirement, the applicant
(ii) A plan for how the proposed (2) Key project personnel and any
must describe its proposed approach consultants and subcontractors will be
project will achieve its intended to—
outcomes; and allocated to the project and how these
(i) Collecting data on the effectiveness
(iii) A plan for communicating and allocations are appropriate and adequate
of training activities;
coordinating with relevant training to achieve the project’s intended
(ii) Analyzing and reporting data on
programs and communities of practice, outcomes, including an assurance that
the effectiveness of training, including
State VR agencies, and other RSA such personnel will have adequate
any proposed standards or targets for
partners. availability to ensure timely
(2) Use a conceptual framework to determining effectiveness;
(2) Collect and analyze data on communications with stakeholders and
develop project plans and activities, RSA;
specific and measurable goals,
describing any underlying concepts, (3) The proposed management plan
objectives, and intended outcomes of
assumptions, expectations, beliefs, or will ensure that the products and
the project, including measuring and
theories, as well as the presumed services provided are of high quality;
relationships or linkages among these tracking the effectiveness of the training
provided. To address this requirement, and
variables, and any empirical support for (4) The proposed project will benefit
this framework. the applicant must describe—
(i) Its proposed evaluation from a diversity of perspectives,
(3) Be based on current research and including those of State and local
make use of evidence-based practices. methodologies, including instruments,
data collection methods, and analyses; personnel, technical assistance
To meet this requirement, the applicant providers, researchers, and policy
must describe: (ii) Its proposed standards or targets
for determining effectiveness; makers, among others, in its
(i) How the current research about development and operation.
adult learning principles and (iii) How it will use the evaluation
results to examine the effectiveness of Types of Priorities:
implementation science will inform the When inviting applications for a
proposed training; and its implementation and its progress
toward achieving the intended competition using one or more
(ii) How the proposed project will
outcomes; and priorities, we designate the type of each
incorporate current research and
(iv) How the methods of evaluation priority as absolute, competitive
evidence-based practices in the
will produce quantitative and preference, or invitational through a
development and delivery of its
qualitative data that demonstrate notice in the Federal Register. The
products and services.
(4) Develop products and provide whether the project and individual effect of each type of priority follows:
services that are of high quality and training activities achieved their Absolute priority: Under an absolute
sufficient intensity and duration to intended outcomes. priority, we consider only applications
achieve the intended outcomes of the (d) Demonstrate, in the narrative that meet the priority (34 CFR
proposed project. To address this section of the application under 75.105(c)(3)).
requirement, the applicant must ‘‘Adequacy of Project Resources,’’ Competitive preference priority:
describe— how— Under a competitive preference priority,
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(i) Its proposed curriculum for a (1) The proposed project will we give competitive preference to an
certificate program for VR evaluation encourage applications for employment application by (1) awarding additional
professionals; from persons who are members of points, depending on the extent to
(ii) Its proposed plan for recruiting groups that have traditionally been which the application meets the priority
and selecting trainees for the underrepresented based on race, color, (34 CFR 75.105(c)(2)(i)); or (2) selecting
certification program; national origin, gender, age, or an application that meets the priority
(iii) Its proposed plan for collecting disability, as appropriate; over an application of comparable merit
information on the impact of capstone (2) The proposed key project that does not meet the priority (34 CFR
projects; personnel, consultants, and 75.105(c)(2)(ii)).

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Document Created: 2018-02-21 10:32:53
Document Modified: 2018-02-21 10:32:53
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed priority.
Dates		We must receive your comments on or before June 29, 2015.
Contact		Don Bunuan. Telephone: (202) 245-6616 or by email: [email protected]
FR Citation		80 FR 30399