80_FR_34695 80 FR 34579 - Proposed Priority-Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center

80 FR 34579 - Proposed Priority-Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range34579-34583
FR Document2015-14940

The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority to establish the Workforce Innovation Technical Assistance Center. 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 State vocational rehabilitation (VR) agencies to improve services under the State Vocational Rehabilitation Services program (VR program) and State Supported Employment Services program for individuals with disabilities, including those with the most significant disabilities, and to implement changes to the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA), signed into law on July 22, 2014.

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34579-34583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14940]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0069]


Proposed Priority--Rehabilitation Training: Vocational 
Rehabilitation Workforce Innovation Technical Assistance Center

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

ACTION: Proposed priority.

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[CFDA Number: 84.264G.]

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority to establish the Workforce 
Innovation Technical Assistance Center. 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 State vocational rehabilitation (VR) agencies to improve 
services under the State Vocational Rehabilitation Services program (VR 
program) and State Supported Employment Services program for 
individuals with disabilities, including those with the most 
significant disabilities, and to implement changes to the 
Rehabilitation Act of 1973, as amended by the Workforce Innovation and 
Opportunity Act (WIOA), signed into law on July 22, 2014.

DATES: We must receive your comments on or before July 17, 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 the proposed priority, address them 
to Jerry Elliott, U.S. Department of Education, 400 Maryland Avenue 
SW., Room 5042, 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: Jerry Elliott. Telephone: (202) 245-
7335 or by email: jerry.elliott@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 this notice by accessing Regulations.gov. You may also 
inspect the comments in person in Room 5021, 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 
(Rehabilitation Act), as amended by WIOA, 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).

    Proposed Priority:
    This notice contains one proposed priority.
    Workforce Innovation Technical Assistance Center. Background:
    WIOA supersedes the Workforce Investment Act of 1998 and amends the 
Rehabilitation Act, making major changes that affect the management and 
performance of the VR program and Supported Employment program. Among 
the changes are: (a) A requirement that States reserve at least 15 
percent of their Federal VR allotment for providing or arranging for 
the provision of pre-employment transition services to students with 
disabilities; (b) a requirement that States reserve at least 50 percent 
of their Federal Supported Employment allotment for the provision of 
supported employment services, including extended services, to youth 
with the most significant disabilities; (c) a requirement that States 
provide a 10 percent non-Federal share to match the 50 percent of 
Supported Employment allotment reserved for the provision of supported 
employment services to youth with the most significant disabilities; 
(d) a requirement that VR agencies provide documentation of the 
completion of certain specified activities to individuals with 
disabilities, including youth with disabilities, seeking or wanting to 
maintain employment at a subminimum wage; (e) a heightened emphasis on 
the achievement of competitive integrated employment by individuals 
with disabilities; (f) enhanced coordination

[[Page 34580]]

and integration of the VR program with other core programs of the 
workforce development system; and (g) new common performance 
accountability requirements for all core programs of the workforce 
development system, including the State VR program.
    While some of these changes affect documentation or reporting 
requirements, others represent significant changes in the management 
and operation of the State VR program and the Supported Employment 
program. As such, RSA believes that it is appropriate to provide 
training and TA on the new statutory requirements imposed by WIOA.
    RSA believes that a dedicated TA center would help collect and 
disseminate information about relevant existing, emerging, and 
evidence-based practices; assist in developing and disseminating new 
approaches and practices; and coordinate and share activities and 
approaches related to implementation of WIOA in the topic areas for 
this priority so that States have the benefit of learning from each 
other as WIOA implementation proceeds.
    Proposed Priority:
    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a priority to establish a cooperative agreement to 
create a Workforce Innovation Technical Assistance Center (WITAC) to 
assist VR agencies in implementing changes affecting the State 
Vocational Rehabilitation Services and State Supported Employment 
Services programs under WIOA, and to achieve, at a minimum, the 
following outcomes:
    (a) Implementation of effective and efficient ``pre-employment 
transition services'' for students with disabilities, as set forth in 
section 113 of the Rehabilitation Act;
    (b) Implementation by State VR agencies, in coordination with local 
and State educational agencies and with the Department of Labor, of the 
requirements in section 511 of the Rehabilitation Act that are under 
the purview of the Department of Education;
    (c) Increased access to supported employment and customized 
employment services for individuals with the most significant 
disabilities, including youth with the most significant disabilities, 
receiving services under the State VR and Supported Employment 
programs;
    (d) An increased percentage of individuals with disabilities who 
receive services through the State VR agency and who achieve employment 
outcomes in competitive integrated employment;
    (e) Improved collaboration between State VR agencies and other core 
programs of the workforce development system; and
    (f) Implementation of the new common performance accountability 
system under section 116 of WIOA.
    Topic Areas.
    The WITAC will develop and provide training and technical 
assistance (TA) to State VR agency staff and related rehabilitation 
professionals and service providers in five topic areas related to 
changes made by WIOA:
    (a) Provision of pre-employment transition services to students 
with disabilities and supported employment services to youth with 
disabilities;
    (b) Implementation of the requirements in section 511 of the 
Rehabilitation Act that are under the purview of the Department of 
Education;
    (c) Provision of resources and strategies to help individuals with 
disabilities achieve competitive integrated employment, including 
customized employment and supported employment;
    (d) Integration of the State VR program into the workforce 
development system; and
    (e) Transition to the new common performance accountability system 
under section 116 of WIOA, including the collection and reporting of 
common data elements.
    Project Activities.
    To meet the requirements of this priority, the WITAC must, at a 
minimum, conduct the following activities:
    Knowledge Development Activities.
    (a) In the first year, collect information from the literature and 
from existing State and Federal programs about evidence-based and 
promising practices relevant to the work of the WITAC and make this 
information publicly available in a searchable, accessible, and useful 
format. The WITAC must review, at a minimum:
    (1) Literature on evidence-based and promising practices relevant 
to the work of the WITAC;
    (2) The results of State VR agency monitoring conducted by RSA;
    (3) State VR agency program and performance data;
    (4) Department of Education and Department of Labor policies and 
guidance on program changes made by WIOA and implementation of those 
changes; and
    (5) Any existing State VR agency memoranda of understanding (MOUs) 
or agreement (MOAs) related to the work of the WITAC.
    (b) In the first year, conduct a survey of relevant stakeholders 
and VR service providers to identify workforce development TA needs and 
a process by which TA solutions can be offered to State VR agencies and 
their partners. The WITAC must survey, at a minimum:
    (1) State VR agency staff;
    (2) Relevant RSA staff; and
    (3) Other stakeholders, including stakeholders from the transition 
and special education community, the workforce development community, 
and the rehabilitation community.
    (c) Develop and refine one or more curriculum guides for VR staff 
training for each of the topic areas listed in the Topic Areas section 
of this priority.
    Technical Assistance and Dissemination Activities.
    (a) Provide intensive, sustained TA \1\ to a minimum of 23 State VR 
agencies and their associated rehabilitation professionals and service 
providers in the topic areas set out in this priority. The WITAC must 
provide intensive, sustained TA to a minimum of two agencies in the 
first year of the project and to a minimum of seven additional agencies 
per year in the second, third, and fourth years of the project. These 
are minimum requirements, and the expectation is that intensive, 
sustained TA will be provided, to the extent funds are available, to 
all of the State VR agencies that request intensive, sustained TA. This 
TA must include:
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    \1\ For the purposes of this priority, ``intensive, sustained 
technical assistance'' means TA services often provided on-site and 
requiring a stable, ongoing relationship between the TA center staff 
and the TA recipient. ``Technical assistance services'' are defined 
as negotiated series of activities designed to reach a valued 
outcome. This category of TA should result in changes to policy, 
program, practice, or operations that support increased recipient 
capacity or improved outcomes at one or more systems levels.
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    (1) For topic area (a), how to--
    (i) Develop, manage, and implement effective pre-employment 
transition services to improve the transition of students with 
disabilities from secondary to postsecondary education and employment;
    (ii) Coordinate pre-employment transition services with transition 
services provided under IDEA; and
    (iii) Develop and implement supported employment services for youth 
with the most significant disabilities;
    (2) For topic area (b):
    (i) How to provide career-related counseling, information, and 
referral services to individuals entering and continuing employment at 
subminimum wages; and
    (ii) How to implement documentation requirements for youth with 
disabilities seeking employment at subminimum wage, in accordance with 
section 511 of the Rehabilitation Act;

[[Page 34581]]

    (3) For topic area (c), how to design and implement new services 
and new roles and responsibilities among partner agencies to increase 
the percentage of individuals achieving competitive integrated 
employment and to meet the supported employment and customized 
employment requirements of the Rehabilitation Act;
    (4) For topic area (d), how to develop model relationships between 
State VR agencies and other core programs of the workforce development 
system for purposes of implementing the requirements of title I of 
WIOA, especially those requirements related to integration of core 
programs into the workforce development system; and
    (5) For topic area (e), how to effectively transition to the new 
common performance accountability system required in section 116 of 
WIOA and use performance results to implement programmatic changes to 
improve agency performance.
    (b) Provide a range of targeted, specialized TA \2\ and universal, 
general TA \3\ products and services on the topic areas in this 
priority. This TA must include, at a minimum, the following activities:
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    \2\ For the purposes of this priority, ``targeted, specialized 
technical assistance'' means TA services based on needs common to 
multiple recipients and not extensively individualized. A 
relationship is established between the TA recipient and one or more 
TA center staff. This category of TA includes one-time, labor-
intensive events, such as facilitating strategic planning or hosting 
regional or national conferences. It can also include episodic, less 
labor-intensive events that extend over a period of time, such as 
facilitating a series of conference calls on single or multiple 
topics that are designed around the needs of the recipients. 
Facilitating communities of practice can also be considered 
targeted, specialized TA.
    \3\ For the purposes of this priority, ``universal, general 
technical assistance'' means TA and information provided to 
independent users through their own initiative, resulting in minimal 
interaction with TA center staff and including one-time, invited or 
offered conference presentations by TA center staff. This category 
of TA also includes information or products, such as newsletters, 
guidebooks, or research syntheses, downloaded from the TA center's 
Web site by independent users. Brief communications by TA center 
staff with recipients, either by telephone or email, are also 
considered universal, general TA.
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    (1) Establishing and maintaining a state-of-the-art information 
technology (IT) platform sufficient to support Webinars, 
teleconferences, video conferences, and other virtual methods of 
dissemination of information and TA.

    Note: All products produced by WITAC must meet government- and 
industry-recognized standards for accessibility, including section 
508 of the Rehabilitation Act.

    (2) Developing and maintaining a state-of-the-art archiving and 
dissemination system that--
    (i) Provides a central location for later use of TA products, 
including course curricula, audiovisual materials, Webinars, examples 
of emerging and best practices for the topic areas in this priority, 
and any other TA products; and
    (ii) Is open and available to the public.

    Note: In meeting the requirements for (b)(1) and (2) above, the 
WITAC may either develop new platforms or systems or may modify 
existing platforms or systems, so long as the requirements of this 
priority are met.

    (3) Providing a minimum of two Webinars or video conferences over 
the course of the project on each of the topic areas in this priority 
to describe and disseminate information about emerging and best 
practices in each area.
    Coordination Activities.
    (a) Establish one or more communities of practice that focus on the 
topic areas in this priority and that act as vehicles for communication 
and exchange of information among State VR agencies and partners, 
including the results of TA projects that are in progress or have been 
completed;
    (b) Communicate, collaborate, and coordinate, on an ongoing basis, 
with other relevant Department-funded projects and those supported by 
the Social Security Administration (SSA) and the Departments of Labor, 
Health and Human Services, and Commerce; and
    (c) 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 address 
State VR agencies' capacity to implement the requirements of WIOA. To 
meet this requirement, the applicant must:
    (1) Demonstrate knowledge of current RSA guidance and State and 
Federal initiatives designed to improve engagement with the workforce 
development system and workforce development system partners;
    (2) Demonstrate knowledge of current State VR agency and other 
efforts to improve engagement with secondary schools, youth programs, 
and other programs that provide services to youth with disabilities for 
the purpose of assisting such youth to enter postsecondary education or 
competitive integrated employment; and
    (3) Demonstrate knowledge of current State VR agency efforts to 
engage with State Medicaid, developmental disability, and mental health 
agencies to develop agreements and provide services leading to 
competitive integrated employment, including supported employment and 
customized employment.
    (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, collaborating, and coordinating 
with key staff in State VR agencies; State and local partner programs; 
RSA partners, such as the Council of State Administrators of Vocational 
Rehabilitation, the National Association of State Directors of Special 
Education, the National Council of State Agencies for the Blind, and 
other TA centers; and relevant programs within SSA and the Departments 
of Education, Labor, Health and Human Services, and Commerce.
    (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 TA; 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 activities to identify or develop the knowledge 
base on emerging and promising practices in the five topic areas listed 
in the Topic Areas section of this priority;

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    (ii) Its proposed approach to universal, general TA;
    (iii) Its proposed approach to targeted, specialized TA, which must 
identify--
    (A) The intended recipients of the products and services under this 
approach; and
    (B) Its proposed approach to measure the capacity and readiness of 
State VR agencies to work with the proposed project, assessing, at a 
minimum, their current infrastructure, available resources, and ability 
to effectively respond to the TA, as appropriate;
    (iv) Its proposed approach to intensive, sustained TA, which must 
identify--
    (A) The intended recipients of the products and services under this 
approach;
    (B) Its proposed approach to measure the readiness of the State VR 
agencies to work with the proposed project, including the State VR 
agencies' commitment to the initiative, fit of the initiative, current 
infrastructure, available resources, and ability to effectively respond 
to the TA, as appropriate;
    (C) Its proposed plan for assisting State VR agencies to build 
training systems that include professional development based on adult 
learning principles and coaching; and
    (D) Its proposed plan for developing agreements with State VR 
agencies to provide intensive, sustained TA. The plan must describe how 
the agreements will outline the purposes of the TA, the intended 
outcomes of the TA, and the measurable objectives of the TA that will 
be evaluated.
    (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 TA provided. To meet 
this requirement, the applicant must describe its proposed approach 
to--
    (i) Collecting data on the effectiveness of each TA activity from 
State VR agencies, partners, or other sources, as appropriate; and
    (ii) Analyzing data and determining effectiveness of each TA 
activity, 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 TA 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 TA 
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 historically 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 provide TA to 
State VR agencies and their partners in each of the topic areas in this 
priority and 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, TA 
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)).
    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 proposed regulatory action is ``significant'' and, therefore, 
subject to the requirements of the Executive order

[[Page 34583]]

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 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 of the competitive integrated 
employment outcomes achieved by individuals with disabilities, and 
ultimately to increase the percentage of individuals with disabilities 
who receive services through the State VR agencies who achieve 
competitive integrated 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: June 12, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-14940 Filed 6-16-15; 8:45 am]
 BILLING CODE 4000-01-P



                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                              34579

                                                  for defense articles controlled in this category        instructions for accessing agency                      review the comments or other
                                                  where the purchase documentation includes               documents, submitting comments, and                    documents in the public rulemaking
                                                  commodities, software, or technology subject            viewing the docket, is available on the                record for this notice. If you want to
                                                  to the EAR (see § 123.1(b) of this subchapter).         site under ‘‘Are you new to the site?’’                schedule an appointment for this type of
                                                    Dated: June 3, 2015.                                     • Postal Mail, Commercial Delivery,                 accommodation or auxiliary aid, please
                                                                                                          or Hand Delivery: If you mail or deliver               contact the person listed under FOR
                                                  Rose E. Gottemoeller,
                                                                                                          your comments about the proposed                       FURTHER INFORMATION CONTACT.
                                                  Under Secretary, Arms Control and                                                                                 Purpose of Program: Under the
                                                                                                          priority, address them to Jerry Elliott,
                                                  International Security, Department of State.
                                                                                                          U.S. Department of Education, 400                      Rehabilitation Act of 1973
                                                  [FR Doc. 2015–14472 Filed 6–16–15; 8:45 am]                                                                    (Rehabilitation Act), as amended by
                                                                                                          Maryland Avenue SW., Room 5042,
                                                  BILLING CODE 4710–25–P                                                                                         WIOA, the Rehabilitation Services
                                                                                                          Potomac Center Plaza (PCP),
                                                                                                          Washington, DC 20202–2800.                             Administration (RSA) makes grants to
                                                                                                             Privacy Note: The Department’s                      States and public or nonprofit agencies
                                                  DEPARTMENT OF EDUCATION                                 policy is to make all comments received                and organizations (including
                                                                                                          from members of the public available for               institutions of higher education) to
                                                  34 CFR Chapter III                                      public viewing in their entirety on the                support projects that provide training,
                                                  [Docket ID ED–2015–OSERS–0069]                          Federal eRulemaking Portal at                          traineeships, and TA designed to
                                                                                                          www.regulations.gov. Therefore,                        increase the numbers of, and improve
                                                  Proposed Priority—Rehabilitation                        commenters should be careful to                        the skills of, qualified personnel
                                                  Training: Vocational Rehabilitation                     include in their comments only                         (especially rehabilitation counselors)
                                                  Workforce Innovation Technical                          information that they wish to make                     who are trained to provide vocational,
                                                  Assistance Center                                       publicly available.                                    medical, social, and psychological
                                                  AGENCY:  Office of Special Education and                FOR FURTHER INFORMATION CONTACT: Jerry                 rehabilitation services to individuals
                                                  Rehabilitative Services, Department of                  Elliott. Telephone: (202) 245–7335 or by               with disabilities; assist individuals with
                                                  Education.                                              email: jerry.elliott@ed.gov.                           communication and related disorders;
                                                                                                             If you use a telecommunications                     and provide other services authorized
                                                  ACTION: Proposed priority.
                                                                                                          device for the deaf (TDD) or a text                    under the Rehabilitation Act.
                                                                                                          telephone (TTY), call the Federal Relay                  Program Authority: 29 U.S.C. 772(a)(1).
                                                  [CFDA Number: 84.264G.]
                                                                                                          Service (FRS), toll free, at 1–800–877–                   Proposed Priority:
                                                  SUMMARY:   The Assistant Secretary for                  8339.                                                     This notice contains one proposed
                                                  Special Education and Rehabilitative                    SUPPLEMENTARY INFORMATION:                             priority.
                                                  Services proposes a priority to establish                 Invitation to Comment: We invite you                    Workforce Innovation Technical
                                                  the Workforce Innovation Technical                      to submit comments regarding this                      Assistance Center. Background:
                                                  Assistance Center. The Assistant                        notice. To ensure that your comments                      WIOA supersedes the Workforce
                                                  Secretary may use this priority for                     have maximum effect in developing the                  Investment Act of 1998 and amends the
                                                  competitions in fiscal year (FY) 2015                   notice of final priority, we urge you to               Rehabilitation Act, making major
                                                  and later years. We take this action to                 identify clearly the specific section of               changes that affect the management and
                                                  provide training and technical                          the proposed priority that each                        performance of the VR program and
                                                  assistance (TA) to State vocational                     comment addresses.                                     Supported Employment program.
                                                  rehabilitation (VR) agencies to improve                   We invite you to assist us in                        Among the changes are: (a) A
                                                  services under the State Vocational                     complying with the specific                            requirement that States reserve at least
                                                  Rehabilitation Services program (VR                     requirements of Executive Orders 12866                 15 percent of their Federal VR allotment
                                                  program) and State Supported                            and 13563 and their overall requirement                for providing or arranging for the
                                                  Employment Services program for                         of reducing regulatory burden that                     provision of pre-employment transition
                                                  individuals with disabilities, including                might result from this proposed priority.              services to students with disabilities; (b)
                                                  those with the most significant                         Please let us know of any further ways                 a requirement that States reserve at least
                                                  disabilities, and to implement changes                  we could reduce potential costs or                     50 percent of their Federal Supported
                                                  to the Rehabilitation Act of 1973, as                   increase potential benefits while                      Employment allotment for the provision
                                                  amended by the Workforce Innovation                     preserving the effective and efficient                 of supported employment services,
                                                  and Opportunity Act (WIOA), signed                      administration of the program.                         including extended services, to youth
                                                  into law on July 22, 2014.                                During and after the comment period,                 with the most significant disabilities; (c)
                                                  DATES: We must receive your comments                    you may inspect all public comments                    a requirement that States provide a 10
                                                  on or before July 17, 2015.                             about this notice by accessing                         percent non-Federal share to match the
                                                  ADDRESSES: Submit your comments                         Regulations.gov. You may also inspect                  50 percent of Supported Employment
                                                  through the Federal eRulemaking Portal                  the comments in person in Room 5021,                   allotment reserved for the provision of
                                                  or via postal mail, commercial delivery,                550 12th Street SW., PCP, Washington,                  supported employment services to
                                                  or hand delivery. We will not accept                    DC, 20202–2800, between the hours of                   youth with the most significant
                                                  comments submitted by fax or by email                   8:30 a.m. and 4:00 p.m., Washington,                   disabilities; (d) a requirement that VR
                                                  or those submitted after the comment                    DC time, Monday through Friday of                      agencies provide documentation of the
                                                  period. To ensure that we do not receive                each week except Federal holidays.                     completion of certain specified
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                                                  duplicate copies, please submit your                    Please contact the person listed under                 activities to individuals with
                                                  comments only once. In addition, please                 FOR FURTHER INFORMATION CONTACT.                       disabilities, including youth with
                                                  include the Docket ID at the top of your                  Assistance to Individuals with                       disabilities, seeking or wanting to
                                                  comments.                                               Disabilities in Reviewing the                          maintain employment at a subminimum
                                                    • Federal eRulemaking Portal: Go to                   Rulemaking Record: On request we will                  wage; (e) a heightened emphasis on the
                                                  www.regulations.gov to submit your                      provide an appropriate accommodation                   achievement of competitive integrated
                                                  comments electronically. Information                    or auxiliary aid to an individual with a               employment by individuals with
                                                  on using Regulations.gov, including                     disability who needs assistance to                     disabilities; (f) enhanced coordination


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                                                  34580                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                  and integration of the VR program with                     (e) Improved collaboration between                  providers to identify workforce
                                                  other core programs of the workforce                    State VR agencies and other core                       development TA needs and a process by
                                                  development system; and (g) new                         programs of the workforce development                  which TA solutions can be offered to
                                                  common performance accountability                       system; and                                            State VR agencies and their partners.
                                                  requirements for all core programs of                      (f) Implementation of the new                       The WITAC must survey, at a minimum:
                                                  the workforce development system,                       common performance accountability                         (1) State VR agency staff;
                                                  including the State VR program.                         system under section 116 of WIOA.                         (2) Relevant RSA staff; and
                                                     While some of these changes affect                      Topic Areas.                                           (3) Other stakeholders, including
                                                  documentation or reporting                                 The WITAC will develop and provide                  stakeholders from the transition and
                                                  requirements, others represent                          training and technical assistance (TA) to              special education community, the
                                                  significant changes in the management                   State VR agency staff and related                      workforce development community,
                                                  and operation of the State VR program                   rehabilitation professionals and service               and the rehabilitation community.
                                                  and the Supported Employment                            providers in five topic areas related to                  (c) Develop and refine one or more
                                                  program. As such, RSA believes that it                  changes made by WIOA:                                  curriculum guides for VR staff training
                                                  is appropriate to provide training and                     (a) Provision of pre-employment                     for each of the topic areas listed in the
                                                  TA on the new statutory requirements                    transition services to students with                   Topic Areas section of this priority.
                                                  imposed by WIOA.                                        disabilities and supported employment                     Technical Assistance and
                                                     RSA believes that a dedicated TA                     services to youth with disabilities;                   Dissemination Activities.
                                                  center would help collect and                              (b) Implementation of the                              (a) Provide intensive, sustained TA 1
                                                  disseminate information about relevant                  requirements in section 511 of the                     to a minimum of 23 State VR agencies
                                                  existing, emerging, and evidence-based                  Rehabilitation Act that are under the                  and their associated rehabilitation
                                                  practices; assist in developing and                     purview of the Department of                           professionals and service providers in
                                                  disseminating new approaches and                        Education;                                             the topic areas set out in this priority.
                                                  practices; and coordinate and share                        (c) Provision of resources and                      The WITAC must provide intensive,
                                                  activities and approaches related to                    strategies to help individuals with                    sustained TA to a minimum of two
                                                  implementation of WIOA in the topic                     disabilities achieve competitive                       agencies in the first year of the project
                                                  areas for this priority so that States have             integrated employment, including                       and to a minimum of seven additional
                                                  the benefit of learning from each other                 customized employment and supported                    agencies per year in the second, third,
                                                  as WIOA implementation proceeds.                        employment;                                            and fourth years of the project. These
                                                     Proposed Priority:                                      (d) Integration of the State VR                     are minimum requirements, and the
                                                     The Assistant Secretary for Special                  program into the workforce                             expectation is that intensive, sustained
                                                  Education and Rehabilitative Services                   development system; and                                TA will be provided, to the extent funds
                                                  proposes a priority to establish a                         (e) Transition to the new common                    are available, to all of the State VR
                                                  cooperative agreement to create a                       performance accountability system                      agencies that request intensive,
                                                  Workforce Innovation Technical                          under section 116 of WIOA, including                   sustained TA. This TA must include:
                                                  Assistance Center (WITAC) to assist VR                  the collection and reporting of common                    (1) For topic area (a), how to—
                                                  agencies in implementing changes                        data elements.                                            (i) Develop, manage, and implement
                                                                                                             Project Activities.                                 effective pre-employment transition
                                                  affecting the State Vocational                             To meet the requirements of this                    services to improve the transition of
                                                  Rehabilitation Services and State                       priority, the WITAC must, at a                         students with disabilities from
                                                  Supported Employment Services                           minimum, conduct the following                         secondary to postsecondary education
                                                  programs under WIOA, and to achieve,                    activities:                                            and employment;
                                                  at a minimum, the following outcomes:                      Knowledge Development Activities.                      (ii) Coordinate pre-employment
                                                     (a) Implementation of effective and                     (a) In the first year, collect                      transition services with transition
                                                  efficient ‘‘pre-employment transition                   information from the literature and from               services provided under IDEA; and
                                                  services’’ for students with disabilities,              existing State and Federal programs                       (iii) Develop and implement
                                                  as set forth in section 113 of the                      about evidence-based and promising                     supported employment services for
                                                  Rehabilitation Act;                                     practices relevant to the work of the                  youth with the most significant
                                                     (b) Implementation by State VR                       WITAC and make this information                        disabilities;
                                                  agencies, in coordination with local and                publicly available in a searchable,                       (2) For topic area (b):
                                                  State educational agencies and with the                 accessible, and useful format. The                        (i) How to provide career-related
                                                  Department of Labor, of the                             WITAC must review, at a minimum:                       counseling, information, and referral
                                                  requirements in section 511 of the                         (1) Literature on evidence-based and                services to individuals entering and
                                                  Rehabilitation Act that are under the                   promising practices relevant to the work               continuing employment at subminimum
                                                  purview of the Department of                            of the WITAC;                                          wages; and
                                                  Education;                                                 (2) The results of State VR agency                     (ii) How to implement documentation
                                                     (c) Increased access to supported                    monitoring conducted by RSA;                           requirements for youth with disabilities
                                                  employment and customized                                  (3) State VR agency program and                     seeking employment at subminimum
                                                  employment services for individuals                     performance data;                                      wage, in accordance with section 511 of
                                                  with the most significant disabilities,                    (4) Department of Education and                     the Rehabilitation Act;
                                                  including youth with the most                           Department of Labor policies and
                                                  significant disabilities, receiving                     guidance on program changes made by
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                                                                                                                                                                    1 For the purposes of this priority, ‘‘intensive,

                                                  services under the State VR and                         WIOA and implementation of those                       sustained technical assistance’’ means TA services
                                                  Supported Employment programs;                                                                                 often provided on-site and requiring a stable,
                                                                                                          changes; and                                           ongoing relationship between the TA center staff
                                                     (d) An increased percentage of                          (5) Any existing State VR agency                    and the TA recipient. ‘‘Technical assistance
                                                  individuals with disabilities who                       memoranda of understanding (MOUs) or                   services’’ are defined as negotiated series of
                                                  receive services through the State VR                   agreement (MOAs) related to the work                   activities designed to reach a valued outcome. This
                                                  agency and who achieve employment                                                                              category of TA should result in changes to policy,
                                                                                                          of the WITAC.                                          program, practice, or operations that support
                                                  outcomes in competitive integrated                         (b) In the first year, conduct a survey             increased recipient capacity or improved outcomes
                                                  employment;                                             of relevant stakeholders and VR service                at one or more systems levels.



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                                                                         Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                             34581

                                                     (3) For topic area (c), how to design                   (i) Provides a central location for later              (3) Demonstrate knowledge of current
                                                  and implement new services and new                       use of TA products, including course                  State VR agency efforts to engage with
                                                  roles and responsibilities among partner                 curricula, audiovisual materials,                     State Medicaid, developmental
                                                  agencies to increase the percentage of                   Webinars, examples of emerging and                    disability, and mental health agencies to
                                                  individuals achieving competitive                        best practices for the topic areas in this            develop agreements and provide
                                                  integrated employment and to meet the                    priority, and any other TA products;                  services leading to competitive
                                                  supported employment and customized                      and                                                   integrated employment, including
                                                  employment requirements of the                             (ii) Is open and available to the                   supported employment and customized
                                                  Rehabilitation Act;                                      public.                                               employment.
                                                     (4) For topic area (d), how to develop                  Note: In meeting the requirements for (b)(1)           (b) Demonstrate, in the narrative
                                                  model relationships between State VR                     and (2) above, the WITAC may either develop           section of the application under
                                                  agencies and other core programs of the                  new platforms or systems or may modify                ‘‘Quality of Project Services,’’ how the
                                                  workforce development system for                         existing platforms or systems, so long as the         proposed project will—
                                                  purposes of implementing the                             requirements of this priority are met.                   (1) Achieve its goals, objectives, and
                                                  requirements of title I of WIOA,                            (3) Providing a minimum of two                     intended outcomes. To meet this
                                                  especially those requirements related to                 Webinars or video conferences over the                requirement, the applicant must
                                                  integration of core programs into the                    course of the project on each of the topic            provide—
                                                  workforce development system; and                        areas in this priority to describe and                   (i) Measurable intended project
                                                     (5) For topic area (e), how to                        disseminate information about emerging                outcomes;
                                                  effectively transition to the new                        and best practices in each area.                         (ii) A plan for how the proposed
                                                  common performance accountability                           Coordination Activities.                           project will achieve its intended
                                                  system required in section 116 of WIOA                      (a) Establish one or more communities              outcomes; and
                                                  and use performance results to                           of practice that focus on the topic areas                (iii) A plan for communicating,
                                                  implement programmatic changes to                        in this priority and that act as vehicles             collaborating, and coordinating with key
                                                  improve agency performance.                              for communication and exchange of                     staff in State VR agencies; State and
                                                     (b) Provide a range of targeted,                      information among State VR agencies                   local partner programs; RSA partners,
                                                  specialized TA 2 and universal, general                  and partners, including the results of                such as the Council of State
                                                  TA 3 products and services on the topic                  TA projects that are in progress or have              Administrators of Vocational
                                                  areas in this priority. This TA must                     been completed;                                       Rehabilitation, the National Association
                                                  include, at a minimum, the following                        (b) Communicate, collaborate, and                  of State Directors of Special Education,
                                                  activities:                                              coordinate, on an ongoing basis, with                 the National Council of State Agencies
                                                     (1) Establishing and maintaining a                    other relevant Department-funded                      for the Blind, and other TA centers; and
                                                  state-of-the-art information technology                  projects and those supported by the                   relevant programs within SSA and the
                                                  (IT) platform sufficient to support                      Social Security Administration (SSA)                  Departments of Education, Labor,
                                                  Webinars, teleconferences, video                         and the Departments of Labor, Health                  Health and Human Services, and
                                                  conferences, and other virtual methods                   and Human Services, and Commerce;                     Commerce.
                                                  of dissemination of information and TA.                  and                                                      (2) Use a conceptual framework to
                                                    Note: All products produced by WITAC                      (c) Maintain ongoing communication                 develop project plans and activities,
                                                  must meet government- and industry-                      with the RSA project officer and other                describing any underlying concepts,
                                                  recognized standards for accessibility,                  RSA staff as required.                                assumptions, expectations, beliefs, or
                                                  including section 508 of the Rehabilitation                 Application Requirements.                          theories, as well as the presumed
                                                  Act.                                                        To be funded under this priority,                  relationships or linkages among these
                                                    (2) Developing and maintaining a                       applicants must meet the application                  variables, and any empirical support for
                                                  state-of-the-art archiving and                           and administrative requirements in this               this framework.
                                                  dissemination system that—                               priority. RSA encourages innovative                      (3) Be based on current research and
                                                                                                           approaches to meet these requirements,                make use of evidence-based practices.
                                                     2 For the purposes of this priority, ‘‘targeted,      which are:                                            To meet this requirement, the applicant
                                                  specialized technical assistance’’ means TA services        (a) Demonstrate, in the narrative                  must describe—
                                                  based on needs common to multiple recipients and         section of the application under                         (i) How the current research about
                                                  not extensively individualized. A relationship is
                                                  established between the TA recipient and one or          ‘‘Significance of the Project,’’ how the              adult learning principles and
                                                  more TA center staff. This category of TA includes       proposed project will address State VR                implementation science will inform the
                                                  one-time, labor-intensive events, such as facilitating   agencies’ capacity to implement the                   proposed TA; and
                                                  strategic planning or hosting regional or national       requirements of WIOA. To meet this                       (ii) How the proposed project will
                                                  conferences. It can also include episodic, less labor-
                                                  intensive events that extend over a period of time,      requirement, the applicant must:                      incorporate current research and
                                                  such as facilitating a series of conference calls on        (1) Demonstrate knowledge of current               evidence-based practices in the
                                                  single or multiple topics that are designed around       RSA guidance and State and Federal                    development and delivery of its
                                                  the needs of the recipients. Facilitating                initiatives designed to improve                       products and services.
                                                  communities of practice can also be considered
                                                  targeted, specialized TA.
                                                                                                           engagement with the workforce                            (4) Develop products and provide
                                                     3 For the purposes of this priority, ‘‘universal,     development system and workforce                      services that are of high quality and
                                                  general technical assistance’’ means TA and              development system partners;                          sufficient intensity and duration to
                                                  information provided to independent users through           (2) Demonstrate knowledge of current               achieve the intended outcomes of the
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                                                  their own initiative, resulting in minimal               State VR agency and other efforts to                  proposed project. To address this
                                                  interaction with TA center staff and including one-
                                                  time, invited or offered conference presentations by
                                                                                                           improve engagement with secondary                     requirement, the applicant must
                                                  TA center staff. This category of TA also includes       schools, youth programs, and other                    describe—
                                                  information or products, such as newsletters,            programs that provide services to youth                  (i) Its proposed activities to identify or
                                                  guidebooks, or research syntheses, downloaded            with disabilities for the purpose of                  develop the knowledge base on
                                                  from the TA center’s Web site by independent
                                                  users. Brief communications by TA center staff with
                                                                                                           assisting such youth to enter                         emerging and promising practices in the
                                                  recipients, either by telephone or email, are also       postsecondary education or competitive                five topic areas listed in the Topic Areas
                                                  considered universal, general TA.                        integrated employment; and                            section of this priority;


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                                                  34582                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                     (ii) Its proposed approach to                           (2) Collect and analyze data on                     such personnel will have adequate
                                                  universal, general TA;                                  specific and measurable goals,                         availability to ensure timely
                                                     (iii) Its proposed approach to targeted,             objectives, and intended outcomes of                   communications with stakeholders and
                                                  specialized TA, which must identify—                    the project, including measuring and                   RSA;
                                                     (A) The intended recipients of the                   tracking the effectiveness of the TA                      (3) The proposed management plan
                                                  products and services under this                        provided. To address this requirement,                 will ensure that the products and
                                                  approach; and                                           the applicant must describe—                           services provided are of high quality;
                                                     (B) Its proposed approach to measure                    (i) Its proposed evaluation                         and
                                                  the capacity and readiness of State VR                  methodologies, including instruments,                     (4) The proposed project will benefit
                                                  agencies to work with the proposed                      data collection methods, and analyses;                 from a diversity of perspectives,
                                                  project, assessing, at a minimum, their                    (ii) Its proposed standards or targets              including those of State and local
                                                  current infrastructure, available                       for determining effectiveness;                         personnel, TA providers, researchers,
                                                  resources, and ability to effectively                      (iii) How it will use the evaluation                and policy makers, among others, in its
                                                  respond to the TA, as appropriate;                      results to examine the effectiveness of                development and operation.
                                                     (iv) Its proposed approach to                        its implementation and its progress                       Types of Priorities:
                                                  intensive, sustained TA, which must                     toward achieving the intended                             When inviting applications for a
                                                  identify—                                               outcomes; and                                          competition using one or more
                                                     (A) The intended recipients of the                      (iv) How the methods of evaluation                  priorities, we designate the type of each
                                                  products and services under this                        will produce quantitative and                          priority as absolute, competitive
                                                  approach;                                               qualitative data that demonstrate                      preference, or invitational through a
                                                     (B) Its proposed approach to measure                 whether the project and individual TA                  notice in the Federal Register. The
                                                  the readiness of the State VR agencies to               activities achieved their intended                     effect of each type of priority follows:
                                                  work with the proposed project,                         outcomes.                                                 Absolute priority: Under an absolute
                                                  including the State VR agencies’                           (d) Demonstrate, in the narrative                   priority, we consider only applications
                                                  commitment to the initiative, fit of the                section of the application under                       that meet the priority (34 CFR
                                                  initiative, current infrastructure,                     ‘‘Adequacy of Project Resources,’’                     75.105(c)(3)).
                                                  available resources, and ability to                     how—                                                      Competitive preference priority:
                                                  effectively respond to the TA, as                          (1) The proposed project will                       Under a competitive preference priority,
                                                  appropriate;                                            encourage applications for employment                  we give competitive preference to an
                                                     (C) Its proposed plan for assisting                  from persons who are members of                        application by (1) awarding additional
                                                  State VR agencies to build training                     groups that have historically been                     points, depending on the extent to
                                                  systems that include professional                       underrepresented based on race, color,                 which the application meets the priority
                                                  development based on adult learning                     national origin, gender, age, or                       (34 CFR 75.105(c)(2)(i)); or (2) selecting
                                                  principles and coaching; and                            disability, as appropriate;                            an application that meets the priority
                                                     (D) Its proposed plan for developing                    (2) The proposed key project                        over an application of comparable merit
                                                  agreements with State VR agencies to                    personnel, consultants, and                            that does not meet the priority (34 CFR
                                                  provide intensive, sustained TA. The                    subcontractors have the qualifications                 75.105(c)(2)(ii)).
                                                  plan must describe how the agreements                   and experience to provide TA to State                     Invitational priority: Under an
                                                  will outline the purposes of the TA, the                VR agencies and their partners in each                 invitational priority, we are particularly
                                                  intended outcomes of the TA, and the                    of the topic areas in this priority and to             interested in applications that meet the
                                                  measurable objectives of the TA that                    achieve the project’s intended                         priority. However, we do not give an
                                                  will be evaluated.                                      outcomes;                                              application that meets the priority a
                                                     (5) Develop products and implement                      (3) The applicant and any key                       preference over other applications (34
                                                  services to maximize the project’s                      partners have adequate resources to                    CFR 75.105(c)(1)).
                                                  efficiency. To address this requirement,                carry out the proposed activities; and                    Final Priority:
                                                  the applicant must describe—                               (4) The proposed costs are reasonable                  We will announce the final priority in
                                                     (i) How the proposed project will use                in relation to the anticipated results and             a notice in the Federal Register. We will
                                                  technology to achieve the intended                      benefits;                                              determine the final priority after
                                                  project outcomes; and                                      (e) Demonstrate, in the narrative                   considering responses to this notice and
                                                     (ii) With whom the proposed project                  section of the application under                       other information available to the
                                                  will collaborate and the intended                       ‘‘Quality of the Management Plan,’’                    Department. This notice does not
                                                  outcomes of this collaboration.                         how—                                                   preclude us from proposing additional
                                                     (c) Demonstrate, in the narrative                       (1) The proposed management plan
                                                                                                                                                                 priorities, requirements, definitions, or
                                                  section of the application under                        will ensure that the project’s intended
                                                                                                                                                                 selection criteria, subject to meeting
                                                  ‘‘Quality of the Evaluation Plan,’’ how                 outcomes will be achieved on time and
                                                                                                                                                                 applicable rulemaking requirements.
                                                  the proposed project will—                              within budget. To address this
                                                                                                                                                                    Note: This notice does not solicit
                                                     (1) Measure and track the                            requirement, the applicant must
                                                                                                                                                                 applications. In any year in which we
                                                  effectiveness of the TA provided. To                    describe—
                                                                                                                                                                 choose to use this priority, we invite
                                                  meet this requirement, the applicant                       (i) Clearly defined responsibilities for
                                                                                                                                                                 applications through a notice in the
                                                  must describe its proposed approach                     key project personnel, consultants, and
                                                                                                                                                                 Federal Register.
                                                  to—                                                     subcontractors, as applicable; and
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                                                     (i) Collecting data on the effectiveness                (ii) Timelines and milestones for                   Executive Orders 12866 and 13563
                                                  of each TA activity from State VR                       accomplishing the project tasks.
                                                                                                             (2) Key project personnel and any                   Regulatory Impact Analysis
                                                  agencies, partners, or other sources, as
                                                  appropriate; and                                        consultants and subcontractors will be                    Under Executive Order 12866, the
                                                     (ii) Analyzing data and determining                  allocated to the project and how these                 Secretary must determine whether this
                                                  effectiveness of each TA activity,                      allocations are appropriate and adequate               proposed regulatory action is
                                                  including any proposed standards or                     to achieve the project’s intended                      ‘‘significant’’ and, therefore, subject to
                                                  targets for determining effectiveness.                  outcomes, including an assurance that                  the requirements of the Executive order


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                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                                  34583

                                                  and subject to review by the Office of                     Executive Order 13563 also requires                 request to the program contact person
                                                  Management and Budget (OMB).                            an agency ‘‘to use the best available                  listed under FOR FURTHER INFORMATION
                                                  Section 3(f) of Executive Order 12866                   techniques to quantify anticipated                     CONTACT.
                                                  defines a ‘‘significant regulatory action’’             present and future benefits and costs as                  Electronic Access to This Document:
                                                  as an action likely to result in a rule that            accurately as possible.’’ The Office of                The official version of this document is
                                                  may—                                                    Information and Regulatory Affairs of                  the document published in the Federal
                                                     (1) Have an annual effect on the                     OMB has emphasized that these                          Register. Free Internet access to the
                                                  economy of $100 million or more, or                     techniques may include ‘‘identifying                   official edition of the Federal Register
                                                  adversely affect a sector of the economy,               changing future compliance costs that                  and the Code of Federal Regulations is
                                                  productivity, competition, jobs, the                    might result from technological                        available via the Federal Digital System
                                                  environment, public health or safety, or                innovation or anticipated behavioral                   at: www.gpo.gov/fdsys. At this site you
                                                  State, local, or tribal governments or                  changes.’’                                             can view this document, as well as all
                                                  communities in a material way (also                        We are issuing this proposed priority               other documents of this Department
                                                  referred to as an ‘‘economically                        only on a reasoned determination that                  published in the Federal Register, in
                                                  significant’’ rule);                                    its benefits would justify its costs. In               text or Adobe Portable Document
                                                     (2) Create serious inconsistency or                  choosing among alternative regulatory                  Format (PDF). To use PDF you must
                                                  otherwise interfere with an action taken                approaches, we selected those                          have Adobe Acrobat Reader, which is
                                                  or planned by another agency;                           approaches that would maximize net                     available free at the site.
                                                     (3) Materially alter the budgetary                   benefits. Based on the analysis that                      You may also access documents of the
                                                  impacts of entitlement grants, user fees,               follows, the Department believes that                  Department published in the Federal
                                                  or loan programs or the rights and                      this regulatory action is consistent with              Register by using the article search
                                                  obligations of recipients thereof; or                   the principles in Executive Order 13563.               feature at: www.federalregister.gov.
                                                     (4) Raise novel legal or policy issues                  We also have determined that this                   Specifically, through the advanced
                                                                                                          regulatory action would not unduly                     search feature at this site, you can limit
                                                  arising out of legal mandates, the
                                                                                                          interfere with State, local, and tribal                your search to documents published by
                                                  President’s priorities, or the principles
                                                                                                          governments in the exercise of their                   the Department.
                                                  stated in the Executive order.
                                                                                                          governmental functions.
                                                     This proposed regulatory action is not                  In accordance with both Executive                     Dated: June 12, 2015.
                                                  a significant regulatory action subject to              orders, the Department has assessed the                Michael K. Yudin,
                                                  review by OMB under section 3(f) of                     potential costs and benefits, both                     Assistant Secretary for Special Education and
                                                  Executive Order 12866.                                  quantitative and qualitative, of this                  Rehabilitative Services.
                                                     We have also reviewed this proposed                  regulatory action. The potential costs                 [FR Doc. 2015–14940 Filed 6–16–15; 8:45 am]
                                                  regulatory action under Executive Order                 are those resulting from statutory                     BILLING CODE 4000–01–P
                                                  13563, which supplements and                            requirements and those we have
                                                  explicitly reaffirms the principles,                    determined as necessary for
                                                  structures, and definitions governing                   administering the Department’s                         DEPARTMENT OF HEALTH AND
                                                  regulatory review established in                        programs and activities.                               HUMAN SERVICES
                                                  Executive Order 12866. To the extent                       We propose to fund through this
                                                  permitted by law, Executive Order                       priority TA to State VR agencies to                    42 CFR Part 10
                                                  13563 requires that an agency—                          improve the quality of VR services and
                                                     (1) Propose or adopt regulations only                                                                       RIN 0906–AA89
                                                                                                          of the competitive integrated
                                                  on a reasoned determination that their                  employment outcomes achieved by                        340B Drug Pricing Program Ceiling
                                                  benefits justify their costs (recognizing               individuals with disabilities, and                     Price and Manufacturer Civil Monetary
                                                  that some benefits and costs are difficult              ultimately to increase the percentage of               Penalties Regulation
                                                  to quantify);                                           individuals with disabilities who
                                                     (2) Tailor its regulations to impose the             receive services through the State VR                  AGENCY: Health Resources and Services
                                                  least burden on society, consistent with                agencies who achieve competitive                       Administration, HHS.
                                                  obtaining regulatory objectives and                     integrated employment outcomes. This                   ACTION: Notice of proposed rulemaking.
                                                  taking into account—among other things                  proposed priority would promote the
                                                  and to the extent practicable—the costs                                                                        SUMMARY:    The Health Resources and
                                                                                                          efficient and effective use of Federal
                                                  of cumulative regulations;                                                                                     Services Administration (HRSA)
                                                                                                          funds.
                                                     (3) In choosing among alternative                       Intergovernmental Review: This                      administers section 340B of the Public
                                                  regulatory approaches, select those                     program is subject to Executive Order                  Health Service Act (PHSA), which is
                                                  approaches that maximize net benefits                   12372 and the regulations in 34 CFR                    referred to as the ‘‘340B Drug Pricing
                                                  (including potential economic,                          part 79. One of the objectives of the                  Program’’ or the ‘‘340B Program.’’ This
                                                  environmental, public health and safety,                Executive order is to foster an                        proposed rule will apply to all drug
                                                  and other advantages; distributive                      intergovernmental partnership and a                    manufacturers that are required to make
                                                  impacts; and equity);                                   strengthened federalism. The Executive                 their drugs available to covered entities
                                                     (4) To the extent feasible, specify                  order relies on processes developed by                 under the 340B Program. The proposed
                                                  performance objectives, rather than the                 State and local governments for                        rule sets forth the calculation of the
                                                  behavior or manner of compliance a                      coordination and review of proposed                    ceiling price and application of civil
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  regulated entity must adopt; and                        Federal financial assistance.                          monetary penalties.
                                                     (5) Identify and assess available                       This document provides early                        DATES: Submit comments on or before
                                                  alternatives to direct regulation,                      notification of our specific plans and                 August 17, 2015.
                                                  including economic incentives—such as                   actions for this program.                              ADDRESSES: You may submit comments,
                                                  user fees or marketable permits—to                         Accessible Format: Individuals with                 identified by the Regulatory Information
                                                  encourage the desired behavior, or                      disabilities can obtain this document in               Number (RIN) 0906–AA89, by any of the
                                                  provide information that enables the                    an accessible format (e.g., braille, large             following methods. Please submit your
                                                  public to make choices.                                 print, audiotape, or compact disc) on                  comments in only one of these ways to


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Document Created: 2015-12-15 14:22:26
Document Modified: 2015-12-15 14:22:26
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 July 17, 2015.
ContactJerry Elliott. Telephone: (202) 245- 7335 or by email: [email protected]
FR Citation80 FR 34579 

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