81_FR_20335 81 FR 20268 - Proposed Priority-Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program

81 FR 20268 - Proposed Priority-Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range20268-20274
FR Document2016-07933

The Assistant Secretary for Special Education and Rehabilitative Services announces a priority under the Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program. The Assistant Secretary may use this priority for competitions in fiscal year 2016 and later years. We take this action to provide training and technical assistance to better prepare novice interpreters to become highly qualified nationally certified sign language interpreters.

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016)
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Proposed Rules]
[Pages 20268-20274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07933]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2016-OSERS-0005; CFDA Number: 84.160C.]


Proposed Priority--Training of Interpreters for Individuals Who 
Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program

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

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority under the Training of 
Interpreters for Individuals Who Are Deaf or Hard of Hearing and 
Individuals Who Are Deaf-Blind program. The Assistant Secretary may use 
this priority for competitions in fiscal year 2016 and later years. We 
take this action to provide training and technical assistance to better 
prepare novice interpreters to become highly qualified nationally 
certified sign language interpreters.

DATES: We must receive your comments on or before May 9, 2016.

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 the ``help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Kristen Rhinehart-Fernandez, U.S. Department of Education, 400 
Maryland Avenue SW., Room 5062, Potomac Center Plaza (PCP), Washington, 
DC 20202-5076.

    Privacy Note:  The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez. 
Telephone: (202) 245-6103 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this 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.
    Specific Issues Open for Comment:
    In addition to your general comments and recommended 
clarifications, we seek input on the proposed design of the 
Experiential Learning Model Demonstration Center for Novice 
Interpreters and Baccalaureate Degree ASL-English Interpretation 
Programs (Center) and expectations for implementation. We are 
particularly interested in your feedback on the following questions:
     Are the proposed required project activities appropriate? 
Are there any additional project activities beyond those included in 
the proposed priority that should be considered? For example, are there 
any specific activities that may be strongly associated with long-term 
success for ASL-English interpreters that we have not included? If so, 
please specify what additional activities should be required and why.

[[Page 20269]]

     Under the Training Activities section of the proposed 
priority, we proposed a team of individuals to work with novice 
interpreters. Are the proposed roles for interpreter advisors and 
trained mentors clear and appropriate? Should the roles and 
responsibilities of the interpreter advisor and mentor be changed or 
combined? In your experience, how might qualified interpreters work 
with novice interpreters differently than trained mentors? Should these 
roles be more or less prescriptive than what we have outlined in the 
proposed priority?
     In the proposed priority, the Center is expected to plan 
and design the curriculum, develop training modules, and implement a 
pilot experiential learning program within the first two years of the 
grant period. Is this timeline reasonable? If not, what timeline should 
be required for these expected project deliverables?
     In addition to national certification, such as, for 
example, the Registry of Interpreters for the Deaf (RID) National 
Interpreter Certification (NIC) tests, what measures for assessing the 
improvement in a novice interpreter's skills should be required?
     How many cohorts should be required to complete the 
experiential learning program within the five-year project period? 
Should the Department require a certain number of novice interpreters 
per cohort, and, if so, how many?
     Beyond requiring a logic model and a project evaluation, 
are there any unique or additional strategies to ensure that the 
program evaluation framework is infused throughout the planning, 
designing, and implementation of the experiential learning curriculum 
that the Department should include? If so, please specify.
    During and after the comment period, you may inspect all public 
comments about this proposed priority by accessing Regulations.gov. You 
may also inspect the comments in room 5062, 550 12th Street SW., PCP, 
Washington, DC 20202-5076, 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 the Workforce Innovation and 
Opportunity Act (WIOA), the Rehabilitation Services Administration 
(RSA) makes grants to public and private nonprofit agencies and 
organizations, including institutions of higher education, to establish 
interpreter training programs or to provide financial assistance for 
ongoing interpreter training programs to train a sufficient number of 
qualified interpreters throughout the country. The grants are designed 
to train interpreters to effectively interpret and transliterate using 
spoken, visual, and tactile modes of communication; ensure the 
maintenance of the interpreting skills of qualified interpreters; and 
provide opportunities for interpreters to improve their skills in order 
to meet both the highest standards approved by certifying associations 
and the communication needs of individuals who are deaf or hard of 
hearing and individuals who are deaf-blind.
    Program Authority: 29 U.S.C. 772(a) and (f).
    Applicable Program Regulations: 34 CFR part 396.
    Proposed Priority:
    This notice contains one proposed priority.
    Experiential Learning Model Demonstration Center for Novice 
Interpreters and Baccalaureate Degree ASL-English Interpretation 
Programs.
    Background:
    Over the last 20 years, the fields of interpreting and interpreter 
training have changed significantly in response to the evolving needs 
of deaf \1\ children and adults in the United States, which include 
deaf consumers of the Vocational Rehabilitation (VR) system. The need 
for interpreting services continues to exceed the available supply of 
qualified interpreters.
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    \1\ As used in this notice, the word ``deaf'' refers to (1) 
`deaf' and `Deaf' people, i.e. to the condition of deafness; (2) to 
`deaf, hard of hearing, and Deaf-Blind'; and (3) to individuals who 
are culturally Deaf and who use American Sign Language (ASL). 
``Deaf'' refers only to the third group.
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    Interpreters must be qualified to work with both individuals with a 
range of linguistic competencies from a variety of cultural backgrounds 
and individuals with disabilities. For example, the first language of 
many deaf individuals is either spoken English or a foreign spoken 
language, and their second language is ASL. This is, in part, a result 
of advances in medical treatments, such as an increase in the early 
detection and intervention of hearing loss in newborns and an increase 
in the use of cochlear implants. In addition, deaf individuals who have 
co-occurring disabilities (including co-occurring disabilities that 
affect speech and language skills, upper extremity motor coordination, 
and cognition) likely require specialized supports to experience 
linguistic and communication access to the general environment. Further 
still, there are an increasing number of deaf individuals from minority 
and immigrant communities who have unique characteristics related to 
culture, language, family structure, income and socioeconomic 
background, and refugee experience, as well as complex and diverse 
communication needs (Cogen and Cokely). These shifts in how deaf 
individuals acquire and use language make the task of interpreting more 
difficult.
    In addition, expanding requirements in video relay interpreting and 
video remote interpreting, the establishment of new ``national'' 
standards and credentials for interpreters to work in specific settings 
(e.g., interpreting in mental health and legal settings), and the 
development of State-specific licensure, certification, registration, 
or other requirements (e.g., background and criminal checks to work in 
certain facilities) all have put a strain on the availability of 
qualified interpreters.
    Finally, interpreters need additional education, training, and 
experience in order to meet certification standards. For example, in 
July 2012, a precondition was added for candidates sitting for RID 
National Interpreter Certification Test requiring them to have, at a 
minimum, a baccalaureate degree in any field or major, or a 
demonstrated educational equivalency, before being permitted to take 
the examination.
    In 2014, RID awarded 280 new credentials, and of those, 186 
represented the NIC. RID reported an 87 percent pass rate for the 
knowledge exam but only a 26 percent pass rate for the performance 
exam. This problem is exacerbated by the length of time between 
graduating from an ASL-English Interpretation program and achieving 
national certification. On average, the length of time is 19-24 months 
(Cogen and Cokely, 2015). This could be longer if a candidate does not 
initially pass the NIC exam, due to a mandatory six-month waiting 
period before a candidate is eligible to retest.
    Many graduates find work within six months to one year of 
graduation, but in most cases, these interpreting assignments are too 
complex and are therefore inappropriate for their skill

[[Page 20270]]

levels. These situations provide little or no opportunities for support 
and professional growth. Additional education, training, and experience 
are needed for novice interpreters to bridge this graduation-to-
credential gap and to gain sufficient skills to interpret effectively.
    In sum, the pool of qualified interpreters is insufficient to meet 
the needs of deaf consumers in the United States. To address this 
problem, the Assistant Secretary proposes a priority to establish a 
model demonstration center to better prepare novice interpreters to 
become nationally certified sign language interpreters.
    Interpreters must also be able to understand and communicate 
proficiently using technical vocabulary and highly specialized 
discourse in a variety of complex subject matters in both English and 
ASL. Training, even for experienced interpreters, in specialized 
settings is needed, and for this reason, we are publishing a notice of 
proposed priority focusing on interpreter training in specialized areas 
elsewhere in this issue of the Federal Register.
    References:

Cogen, Cathy, M.Ed., and Cokely, Dennis, Ph.D., ``Preparing 
Interpreters for Tomorrow: Report on a Study of Emerging Trends in 
Interpreting and Implications for Interpreter Education'' (National 
Interpreter Education Center at Northeastern University, January 
2015). Registry of Interpreters for the Deaf ``Fiscal Year 2014 
Annual Report'' available at www.rid.org/2014-annual-report/#certification

    Proposed Priority:
    The purpose of this priority is to fund a cooperative agreement for 
the establishment of a model demonstration center (Center) to: (1) 
Develop an experiential learning program that could be implemented 
through baccalaureate degree ASL-English programs or through partner 
organizations, such as community-based organizations, advocacy 
organizations, or commissions for the Deaf or deaf-blind that work with 
baccalaureate degree ASL-English programs to provide work experiences 
and mentoring; (2) pilot the experiential learning program in three 
baccalaureate degree ASL-English programs or partner organizations and 
evaluate the results; and (3) disseminate practices that are promising 
or supported by evidence, examples, and lessons learned.
    The Center must be designed to achieve, at a minimum, the following 
outcomes:
    (a) Increase the number of certified interpreters.
    (b) Reduce the average length of time it takes for novice 
interpreters to become nationally certified after graduating from 
baccalaureate degree ASL-English interpretation programs; and
    (c) Increase the average number of hours that novice interpreters, 
through the experiential learning program, interact with and learn from 
the local deaf community.

Project Activities

    To meet the requirements of this priority, the Center must, at a 
minimum, conduct the following activities:

Establish a consortium

    (a) The applicant must establish a consortium of training and 
technical assistance (TA) providers or use an existing network of 
providers to design and implement a model experiential learning 
program. An eligible consortium must be comprised of a designated lead 
entity that operates a baccalaureate degree ASL-English interpretation 
program that is recognized and accredited by CCIE; and
    (b) Members of the consortium must be staffed by or have access to 
experienced and certified interpreters, interpreter educators, and 
trained mentors with capability in providing feedback and guidance to 
novice interpreters, and in serving as language models; and who are 
geographically dispersed across the country, including the territories, 
or are able to provide training, TA, and mentoring remotely to broad 
sections of the country.

Training Activities

    (a) In years one and two, design and implement an experiential 
learning program that is based upon promising and best practices or 
modules in the preparation of novice interpreters to become certified 
interpreters. The program design must, at a minimum:
    (1) Ensure that all activities are offered at no-cost to 
participants during the program.
    (2) Include a team comprised of native language users, qualified 
interpreters, and trained mentors to partner with novice interpreters 
during and after successful completion of the experiential learning 
program. Roles for team members must include but are not limited to:
    (i) Native language users who will serve as language models;
    (ii) Qualified interpreters who will act in an advisory role by 
observing, providing feedback, and discussing the novice interpreter's 
ability to accurately interpret spoken English into ASL and ASL into 
spoken English in a variety of situations for a range of consumers; and
    (iii) Provide mentoring to novice interpreters, as needed. This may 
include one-on-one instruction to address specific areas identified by 
the advisor as needing further practice, as well as offering tools, 
resources, and guidance to novice interpreters to prepare them for 
potential challenges they may encounter as they grow and advance in the 
profession. One-on-one instruction may address, but is not limited to, 
meaning transfer (e.g., accurately providing an equivalent message and/
or appropriately handling register), ethical behavior, meeting the 
consumer's linguistic preference, managing the flow of information 
(e.g., pace, density, turn-taking), and other related aspects of the 
interpreting task.
    (3) Provide multiple learning opportunities, such as an internship 
with a community program, mentoring, and intensive site-specific work. 
Intensive site-specific work may task a novice interpreter, under close 
direction from the advisor interpreter, with providing interpreting 
services to deaf individuals employed at a work site, or to deaf 
students taking courses at college or enrolled in an apprenticeship 
program. Other learning modalities may be proposed and must include 
adequate justification.
    (4) Emphasize innovative instructional delivery methods, such as 
distance learning or block scheduling (i.e., a type of academic 
scheduling that offers students fewer classes per day for longer 
periods of time) that would allow novice interpreters to more easily 
participate in the program (i.e., participants who need to work while 
in the program, have child care or elder care considerations, or live 
in geographically isolated areas);
    (5) Provide experiential learning that engages novice interpreters 
with different learning styles;
    (6) Provide interpreting experiences with a variety of deaf 
consumers who have different linguistic and communication needs and 
preferences, and are located in different settings, including VR 
settings (e.g., VR counseling, assessments, job-related services, 
training, pre-employment transition services, transition services, 
post-employment services, etc.), American Job Centers, and other 
relevant workforce partner locations;
    (7) Require novice interpreters to observe, discuss, and reflect on 
the work of the advisor interpreter;
    (8) Require novice interpreters to interpret in increasingly more 
complex and demanding situations. The advisor interpreter must provide 
written and

[[Page 20271]]

oral feedback that includes strengths and areas of improvement, as well 
as a discussion with the novice interpreter about interpretation 
options, ethical behavior, and how best to meet the communication needs 
of a particular consumer; and
    (b) Pilot the experiential learning program in a single site by 
year two and expand to additional sites beginning in year three. 
Applicants must:
    (1) Identify at least three existing baccalaureate degree ASL-
English interpretation programs to serve as the pilot sites. The 
baccalaureate programs must use a curriculum design that is based upon 
current best practices in the ASL-English Interpreter Education 
profession;
    (2) Identify cohorts for each pilot site and provide a plan to 
ensure that at least one cohort is completed in each pilot site prior 
to the end of the project period. The cohorts must comprise graduates 
from baccalaureate degree ASL-English interpretation programs who are 
preparing for, or have not passed, the NIC knowledge and performance 
exams and who intend to work as interpreters. Applicants may determine 
the number of cohorts for each pilot site as well as the number of 
participants in each cohort;
    (3) Establish additional criteria for selection in the program. 
This may include, but is not limited to, submission of an application, 
relevant assessments, interviews with prospective participants, and 
recommendations from faculty at baccalaureate degree ASL-English 
interpretation programs;
    (c) Conduct a formative and summative evaluation. At a minimum, 
this must include:
    (1) An assessment of participant outcomes from each cohort that 
includes, at a minimum, level of knowledge and practical skill levels 
using pre- and post-assessments; feedback from novice interpreters, 
from interpreter advisors, including written feedback from observed 
interpreting situations, from deaf consumers, from trained mentors, 
including written feedback from mentoring sessions, and from others, as 
appropriate;
    (2) Clear and specific measureable outcomes that include, but are 
not limited to:
    (i) Improvement in specific linguistic competencies, as identified 
by the applicant, in English and ASL;
    (ii) Improvement in specific competencies, as identified by the 
applicant, in ASL-English interpretation;
    (iii) Outcomes in achieving national certification; and
    (iv) The length of time for novice interpreters to become 
nationally certified sign language interpreters after participating in 
this project compared to the national average of 19-24 months.

Technical Assistance and Dissemination Activities

    Conduct TA and dissemination activities that must include:
    (a) Preparing and broadly disseminating TA materials related to 
practices that are promising or supported by evidence and successful 
strategies for working with novice interpreters;
    (b) 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 the Center must meet government- 
and industry-recognized standards for accessibility, including 
section 508 of the Rehabilitation Act.

    (c) Developing and maintaining a state-of-the-art archiving and 
dissemination system that--
    (1) Provides a central location for later use of TA products, 
including curricula, audiovisual materials, Webinars, examples of 
practices that are promising or supported by evidence, and any other 
relevant TA products; and
    (2) Is open and available to the public.
    (d) Provides a minimum of two Webinars or video conferences over 
the course of the project to describe and disseminate information to 
the field about results, challenges, solutions, and practices that are 
promising or supported by evidence.

    Note:  In meeting the requirements for paragraphs (a), (b), and 
(c) of this section, the Center either may develop new platforms or 
systems or may modify existing platforms or systems, so long as the 
requirements of this priority are met.

Coordination Activities

    (a) Establish an advisory committee. To effectively implement the 
Training Activities section of this priority, the applicant must 
establish an advisory committee that meets at least semi-annually. The 
advisory committee must include representation from all affected 
stakeholder groups (i.e., interpreters, interpreter training programs, 
deaf individuals, and VR agencies) and may include other relevant 
groups. The advisory committee will advise on the strategies for 
establishing sites to pilot the experiential learning program, the 
approaches to the experiential learning program, modifications to 
experiential learning activities, TA, sustainability planning, 
evaluating the effectiveness of the program, as well as other relevant 
areas as determined by the consortium.
    (b) Establish one or more communities of practice \2\ that focus on 
project activities in this priority and that act as vehicles for 
communication and exchange of information among participants in the 
experiential learning program, as well as other relevant stakeholders;
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    \2\ A community of practice (CoP) is a group of people who work 
together to solve a persistent problem or to improve practice in an 
area that is important to them and who deepen their knowledge and 
expertise by interacting on an ongoing basis. CoPs exist in many 
forms, some large in scale that deal with complex problems, others 
small in scale that focus on a problem at a very specific level. For 
more information on communities of practice, see: www.tadnet.org/pages/510.
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    (c) Communicate, collaborate, and coordinate, on an ongoing basis, 
with other relevant Department-funded projects, as applicable; and
    (d) Maintain ongoing communication with the RSA project officer and 
other RSA staff as required.

Application Requirements

    To be funded under this priority, applicants must meet the 
application requirements in this priority. RSA encourages innovative 
approaches to meet the following requirements:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will address 
the need for nationally certified sign language interpreters. To meet 
this requirement, the applicant must:
    (1) Demonstrate knowledge of English/ASL competencies that novice 
interpreters must possess in order to enter and to complete an 
experiential learning program and, at the end of the program, to 
successfully obtain national certification;
    (2) Demonstrate knowledge of practices that are promising or 
supported by evidence in training novice interpreters; and
    (3) Demonstrate knowledge of practices that are promising or 
supported by evidence in providing experiential learning.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Services,'' how the proposed project will--
    (1) Ensure equal access and treatment for members of groups that 
have historically been underrepresented based on race, color, national 
origin, gender, age, or disability in accessing postsecondary education 
and training.
    (2) Identify the needs of intended recipients of training; and

[[Page 20272]]

    (3) Ensure that project activities and products meet the needs of 
the intended recipients by creating materials in formats and languages 
that are accessible;
    (4) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must identify and provide--
    (i) Measurable intended project outcomes;
    (ii) Evidence of an existing Memorandum of Understanding or a 
Letter of Intent between the Center and proposed training and TA 
providers to establish a consortium that includes a description of each 
proposed partner's anticipated commitment of financial or in-kind 
resources (if any), how each proposed provider's current and proposed 
activities align with those of the proposed project, how each proposed 
provider will be held accountable under the proposed structure, and 
evidence to demonstrate a working relationship between the applicant 
and its proposed partners and key stakeholders and other relevant 
groups; and
    (iii) A plan for communicating, collaborating, and coordinating 
with an advisory committee; key staff in State VR agencies, such as 
State Coordinators for the Deaf; State and local partner programs; 
Registry of Interpreters for the Deaf, Inc.; RSA partners, such as the 
Council of State Administrators of Vocational Rehabilitation, the 
National Council of State Agencies for the Blind; and relevant programs 
within the Office of Special Education and Rehabilitative Services 
(OSERS).
    (3) Use a conceptual framework to design experiential learning 
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.
    (4) Be based on current research and make use of practices that are 
promising or supported by evidence. 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 
practices that are promising or supported by evidence in the 
development and delivery of its products and services.
    (5) 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 its proposed activities to identify or develop the 
knowledge base for practices that are promising or supported by 
evidence in experiential learning for novice interpreters;
    (6) 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) In the narrative section of the application under ``Quality of 
the Evaluation Plan,'' include an evaluation plan for the project. To 
address this requirement, the applicant must describe--
    (1) Evaluation methodologies, including instruments, data 
collection methods, and analyses that will be used to evaluate the 
project;
    (2) Measures of progress in implementation, including the extent to 
which the project's activities and products have reached their target 
populations; intended outcomes or results of the project's activities 
in order to evaluate those activities; and how well the goals and 
objectives of the proposed project, as described in its logic model,\3\ 
have been met;
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    \3\ A logic model communicates how the project will achieve its 
intended outcomes and provides a framework for both the formative 
and summative evaluations of the project.
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    (3) How the evaluation plan will be implemented and revised, as 
needed, during the project. The applicant must designate at least one 
individual with sufficient dedicated time, experience in evaluation, 
and knowledge of the project to support the design and implementation 
of the evaluation. Tasks may include, but are not limited to, 
coordinating with the advisory committee and RSA to revise the logic 
model to provide for a more comprehensive measurement of implementation 
and outcomes, to reflect any changes or clarifications to the logic 
model discussed at the kick-off meeting, and to revise the evaluation 
design and instrumentation proposed in the grant application consistent 
with the logic model (e.g., developing quantitative or qualitative data 
collections that permit both the collection of progress data and the 
assessment of project outcomes);
    (4) The standards and targets for determining effectiveness;
    (5) How evaluation results will be used to examine the 
effectiveness of implementation and progress toward achieving the 
intended outcomes; and
    (6) How the methods of evaluation will produce quantitative and 
qualitative data that demonstrate whether the project 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 
experiential learning to novice interpreters 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 
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 the advisory committee, as well as other 
relevant groups in its development and operation.
    (f) Address the following application requirements. The applicant 
must--
    (1) Include, in Appendix A, a logic model that depicts, at a 
minimum, the

[[Page 20273]]

goals, activities, outputs, and intended outcomes of the proposed 
project;
    (2) Include, in Appendix A, a Memorandum of Understanding or a 
Letter of Intent between the Center and the proposed training and TA 
providers;
    (3) Include, in Appendix A, a conceptual framework for the project;
    (4) Include, in Appendix A, person-loading charts and timelines as 
applicable, to illustrate the management plan described in the 
narrative;
    (5) Include, in the budget, attendance at the following:
    (i) A one and one-half day kick-off meeting in Washington, DC, 
after receipt of the award;
    (ii) An annual planning meeting in Washington, DC, with the RSA 
project officer and other relevant RSA staff during each subsequent 
year of the project period; and
    (iii) A one-day intensive review meeting in Washington, DC, during 
the third quarter of the third year of the project period.
    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.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: the public 
understands the Department's collection instructions, respondents can 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    These proposed priorities contain information collection 
requirements that are approved by OMB under the National Interpreter 
Education program 1820-0018; this proposed regulation does not affect 
the currently approved data collection.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that would maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this proposed priority only on a reasoned 
determination that its benefits 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

[[Page 20274]]

requirements and those we have determined as necessary for 
administering the Department's programs and activities.
    Through this priority, experiential learning and TA will be 
provided to novice interpreters in order for them to achieve national 
certification. These activities will help interpreters to more 
effectively meet the communication needs of individuals who are deaf or 
hard of hearing and individuals who are Deaf-Blind. The training 
ultimately will improve the quality of VR services and the competitive 
integrated employment outcomes achieved by individuals with 
disabilities. This 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 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: April 1, 2016.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2016-07933 Filed 4-6-16; 8:45 am]
 BILLING CODE 4000-01-P



                                               20268                    Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules

                                               Advisory Committee, nominators                          of intent in docket DOT–OST–2015–                        • Postal Mail, Commercial Delivery,
                                               should submit the following                             0246. Notice to the public will be                     or Hand Delivery: If you mail or deliver
                                               information:                                            published in the Federal Register at                   your comments about these proposed
                                                  (1) Name, title, and relevant contact                least 15 days prior to each plenary                    regulations, address them to Kristen
                                               information (including phone and email                  meeting of the ACCESS Advisory                         Rhinehart-Fernandez, U.S. Department
                                               address) and a description of the issues                Committee and members of the public                    of Education, 400 Maryland Avenue
                                               addressed in this rulemaking that such                  will be invited to attend.                             SW., Room 5062, Potomac Center Plaza
                                               individual is qualified to address, and                   Issued under the authority of                        (PCP), Washington, DC 20202–5076.
                                               the interests such a person shall                       delegation in 49 CFR 1.27.                               Privacy Note: The Department’s policy is
                                               represent;                                                Dated: April 4, 2016.                                to make all comments received from
                                                  (2) A letter of support from a                                                                              members of the public available for public
                                                                                                       Kathryn B. Thomson,
                                               company, union, trade association, or                                                                          viewing in their entirety on the Federal
                                               non-profit organization on letterhead                   General Counsel.
                                                                                                                                                              eRulemaking Portal at www.regulations.gov.
                                               containing a brief description why the                  [FR Doc. 2016–08062 Filed 4–6–16; 8:45 am]             Therefore, commenters should be careful to
                                               nominee is qualified and should be                      BILLING CODE 4910–9X–P                                 include in their comments only information
                                               considered for membership to the extent                                                                        that they wish to make publicly available.
                                               the nominee proposes to represent
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                               parties with interest in this proceeding;               DEPARTMENT OF EDUCATION                                Kristen Rhinehart-Fernandez.
                                                  (3) A written commitment that the
                                               applicant or nominee shall actively                     34 CFR Chapter III                                     Telephone: (202) 245–6103 or by email:
                                               participate in good faith in the                                                                               Kristen.Rhinehart@ed.gov.
                                                                                                       [Docket ID ED–2016–OSERS–0005; CFDA                       If you use a telecommunications
                                               development of the rule under                           Number: 84.160C.]                                      device for the deaf (TDD) or a text
                                               consideration;
                                                  (4) Short biography of nominee                                                                              telephone (TTY), call the Federal Relay
                                                                                                       Proposed Priority—Training of                          Service (FRS), toll free, at 1–800–877–
                                               including professional and academic                     Interpreters for Individuals Who Are
                                               credentials;                                                                                                   8339.
                                                                                                       Deaf or Hard of Hearing and
                                                  (5) An affirmative statement that the                Individuals Who Are Deaf-Blind                         SUPPLEMENTARY INFORMATION:
                                               nominee meets all Committee eligibility                 program                                                  Invitation to Comment: We invite you
                                               requirements; and                                                                                              to submit comments regarding this
                                                  (6) If applicable, the reason(s) that the            AGENCY:  Office of Special Education and               notice. To ensure that your comments
                                               parties identified in this notice of intent             Rehabilitative Services, Department of                 have maximum effect in developing the
                                               as affected interests and stakeholders do               Education.                                             notice of final priority, we urge you to
                                               not adequately represent the interest of                ACTION: Proposed priority.                             identify clearly the specific section of
                                               the person submitting the application or                                                                       the proposed priority that each
                                               nomination.                                             SUMMARY:   The Assistant Secretary for                 comment addresses.
                                                  All individuals representing a                       Special Education and Rehabilitative                     We invite you to assist us in
                                               stakeholder interest who wish to serve                  Services announces a priority under the                complying with the specific
                                               on the Reg-Neg Committee should apply                   Training of Interpreters for Individuals               requirements of Executive Orders 12866
                                               for membership by supplying the                         Who Are Deaf or Hard of Hearing and                    and 13563 and their overall requirement
                                               information listed above. Please do not                 Individuals Who Are Deaf-Blind                         of reducing regulatory burden that
                                               send company, trade association, or                     program. The Assistant Secretary may                   might result from this proposed priority.
                                               organization brochures or any other                     use this priority for competitions in                  Please let us know of any further ways
                                               information. Materials submitted should                 fiscal year 2016 and later years. We take              we could reduce potential costs or
                                               total two single-spaced pages or less.                  this action to provide training and                    increase potential benefits while
                                               Should more information be needed,                      technical assistance to better prepare                 preserving the effective and efficient
                                               DOT staff will contact the nominee,                     novice interpreters to become highly                   administration of the program.
                                               obtain information from the nominee’s                   qualified nationally certified sign                      Specific Issues Open for Comment:
                                               past affiliations, or obtain information                language interpreters.                                   In addition to your general comments
                                               from publicly available sources, such as                DATES: We must receive your comments                   and recommended clarifications, we
                                               the Internet. Nominations may be                        on or before May 9, 2016.                              seek input on the proposed design of the
                                               emailed to accesscommittee@dot.gov.                     ADDRESSES: Submit your comments                        Experiential Learning Model
                                               Nominations must be received by April                   through the Federal eRulemaking Portal                 Demonstration Center for Novice
                                               21, 2016.                                               or via postal mail, commercial delivery,               Interpreters and Baccalaureate Degree
                                                  Nominees selected for appointment to                 or hand delivery. We will not accept                   ASL-English Interpretation Programs
                                               the Committee will be notified of                       comments submitted by fax or by email                  (Center) and expectations for
                                               appointment by email. Nominations are                   or those submitted after the comment                   implementation. We are particularly
                                               open to all individuals without regard to               period. To ensure that we do not receive               interested in your feedback on the
                                               race, color, religion, sex, national origin,            duplicate copies, please submit your                   following questions:
                                               age, mental or physical handicap,                       comments only once. In addition, please                  • Are the proposed required project
                                               marital status, or sexual orientation. To               include the Docket ID at the top of your               activities appropriate? Are there any
                                               ensure that recommendations to the                      comments.                                              additional project activities beyond
                                                                                                          • Federal eRulemaking Portal: Go to
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                                               Secretary take into account the needs of                                                                       those included in the proposed priority
                                               the diverse groups served by DOT,                       www.regulations.gov to submit your                     that should be considered? For example,
                                               membership shall include, to the extent                 comments electronically. Information                   are there any specific activities that may
                                               practicable, individuals with                           on using Regulations.gov, including                    be strongly associated with long-term
                                               demonstrated ability to represent                       instructions for accessing agency                      success for ASL-English interpreters
                                               persons with disabilities, minorities,                  documents, submitting comments, and                    that we have not included? If so, please
                                               and women. The Department will file                     viewing the docket, is available on the                specify what additional activities
                                               any comments it receives on this notice                 site under the ‘‘help’’ tab.                           should be required and why.


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                                                                        Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules                                             20269

                                                  • Under the Training Activities                      accommodation or auxiliary aid, please                   intervention of hearing loss in newborns
                                               section of the proposed priority, we                    contact the person listed under FOR                      and an increase in the use of cochlear
                                               proposed a team of individuals to work                  FURTHER INFORMATION CONTACT.                             implants. In addition, deaf individuals
                                               with novice interpreters. Are the                          Purpose of Program: Under the                         who have co-occurring disabilities
                                               proposed roles for interpreter advisors                 Rehabilitation Act of 1973                               (including co-occurring disabilities that
                                               and trained mentors clear and                           (Rehabilitation Act), as amended by the                  affect speech and language skills, upper
                                               appropriate? Should the roles and                       Workforce Innovation and Opportunity                     extremity motor coordination, and
                                               responsibilities of the interpreter                     Act (WIOA), the Rehabilitation Services                  cognition) likely require specialized
                                               advisor and mentor be changed or                        Administration (RSA) makes grants to                     supports to experience linguistic and
                                               combined? In your experience, how                       public and private nonprofit agencies                    communication access to the general
                                               might qualified interpreters work with                  and organizations, including                             environment. Further still, there are an
                                               novice interpreters differently than                    institutions of higher education, to                     increasing number of deaf individuals
                                               trained mentors? Should these roles be                  establish interpreter training programs                  from minority and immigrant
                                               more or less prescriptive than what we                  or to provide financial assistance for                   communities who have unique
                                               have outlined in the proposed priority?                 ongoing interpreter training programs to                 characteristics related to culture,
                                                  • In the proposed priority, the Center               train a sufficient number of qualified                   language, family structure, income and
                                               is expected to plan and design the                      interpreters throughout the country. The                 socioeconomic background, and refugee
                                               curriculum, develop training modules,                   grants are designed to train interpreters                experience, as well as complex and
                                               and implement a pilot experiential                      to effectively interpret and transliterate               diverse communication needs (Cogen
                                               learning program within the first two                   using spoken, visual, and tactile modes                  and Cokely). These shifts in how deaf
                                               years of the grant period. Is this timeline             of communication; ensure the                             individuals acquire and use language
                                               reasonable? If not, what timeline should                maintenance of the interpreting skills of                make the task of interpreting more
                                               be required for these expected project                  qualified interpreters; and provide                      difficult.
                                               deliverables?                                           opportunities for interpreters to improve                   In addition, expanding requirements
                                                  • In addition to national certification,             their skills in order to meet both the                   in video relay interpreting and video
                                               such as, for example, the Registry of                   highest standards approved by                            remote interpreting, the establishment
                                               Interpreters for the Deaf (RID) National                certifying associations and the                          of new ‘‘national’’ standards and
                                               Interpreter Certification (NIC) tests,                  communication needs of individuals                       credentials for interpreters to work in
                                               what measures for assessing the                         who are deaf or hard of hearing and                      specific settings (e.g., interpreting in
                                               improvement in a novice interpreter’s                   individuals who are deaf-blind.                          mental health and legal settings), and
                                               skills should be required?                                 Program Authority: 29 U.S.C. 772(a)                   the development of State-specific
                                                  • How many cohorts should be                         and (f).                                                 licensure, certification, registration, or
                                               required to complete the experiential                      Applicable Program Regulations: 34                    other requirements (e.g., background
                                               learning program within the five-year                   CFR part 396.                                            and criminal checks to work in certain
                                               project period? Should the Department                      Proposed Priority:                                    facilities) all have put a strain on the
                                               require a certain number of novice                         This notice contains one proposed                     availability of qualified interpreters.
                                               interpreters per cohort, and, if so, how                priority.                                                   Finally, interpreters need additional
                                               many?                                                      Experiential Learning Model                           education, training, and experience in
                                                  • Beyond requiring a logic model and                 Demonstration Center for Novice                          order to meet certification standards.
                                               a project evaluation, are there any                     Interpreters and Baccalaureate Degree                    For example, in July 2012, a
                                               unique or additional strategies to ensure               ASL-English Interpretation Programs.                     precondition was added for candidates
                                               that the program evaluation framework                      Background:                                           sitting for RID National Interpreter
                                               is infused throughout the planning,                        Over the last 20 years, the fields of                 Certification Test requiring them to
                                               designing, and implementation of the                    interpreting and interpreter training                    have, at a minimum, a baccalaureate
                                               experiential learning curriculum that                   have changed significantly in response                   degree in any field or major, or a
                                               the Department should include? If so,                   to the evolving needs of deaf 1 children                 demonstrated educational equivalency,
                                               please specify.                                         and adults in the United States, which                   before being permitted to take the
                                                  During and after the comment period,                 include deaf consumers of the                            examination.
                                               you may inspect all public comments                     Vocational Rehabilitation (VR) system.                      In 2014, RID awarded 280 new
                                               about this proposed priority by                         The need for interpreting services                       credentials, and of those, 186
                                               accessing Regulations.gov. You may also                 continues to exceed the available supply                 represented the NIC. RID reported an 87
                                               inspect the comments in room 5062, 550                  of qualified interpreters.                               percent pass rate for the knowledge
                                               12th Street SW., PCP, Washington, DC                       Interpreters must be qualified to work                exam but only a 26 percent pass rate for
                                               20202–5076, between the hours of 8:30                   with both individuals with a range of                    the performance exam. This problem is
                                               a.m. and 4:00 p.m., Washington, DC                      linguistic competencies from a variety                   exacerbated by the length of time
                                               time, Monday through Friday of each                     of cultural backgrounds and individuals                  between graduating from an ASL-
                                               week except Federal holidays. Please                    with disabilities. For example, the first                English Interpretation program and
                                               contact the person listed under FOR                     language of many deaf individuals is                     achieving national certification. On
                                               FURTHER INFORMATION CONTACT.                            either spoken English or a foreign                       average, the length of time is 19–24
                                                  Assistance to Individuals with                       spoken language, and their second                        months (Cogen and Cokely, 2015). This
                                               Disabilities in Reviewing the                           language is ASL. This is, in part, a result              could be longer if a candidate does not
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                                               Rulemaking Record: On request, we will                  of advances in medical treatments, such                  initially pass the NIC exam, due to a
                                               provide an appropriate accommodation                    as an increase in the early detection and                mandatory six-month waiting period
                                               or auxiliary aid to an individual with a                                                                         before a candidate is eligible to retest.
                                               disability who needs assistance to                         1 As used in this notice, the word ‘‘deaf’’ refers       Many graduates find work within six
                                               review the comments or other                            to (1) ‘deaf’ and ‘Deaf’ people, i.e. to the condition   months to one year of graduation, but in
                                                                                                       of deafness; (2) to ‘deaf, hard of hearing, and Deaf-
                                               documents in the public rulemaking                      Blind’; and (3) to individuals who are culturally
                                                                                                                                                                most cases, these interpreting
                                               record for this notice. If you want to                  Deaf and who use American Sign Language (ASL).           assignments are too complex and are
                                               schedule an appointment for this type of                ‘‘Deaf’’ refers only to the third group.                 therefore inappropriate for their skill


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                                               20270                    Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules

                                               levels. These situations provide little or                 (b) Reduce the average length of time               ASL into spoken English in a variety of
                                               no opportunities for support and                        it takes for novice interpreters to                    situations for a range of consumers; and
                                               professional growth. Additional                         become nationally certified after                         (iii) Provide mentoring to novice
                                               education, training, and experience are                 graduating from baccalaureate degree                   interpreters, as needed. This may
                                               needed for novice interpreters to bridge                ASL-English interpretation programs;                   include one-on-one instruction to
                                               this graduation-to-credential gap and to                and                                                    address specific areas identified by the
                                               gain sufficient skills to interpret                        (c) Increase the average number of                  advisor as needing further practice, as
                                               effectively.                                            hours that novice interpreters, through                well as offering tools, resources, and
                                                  In sum, the pool of qualified                        the experiential learning program,                     guidance to novice interpreters to
                                               interpreters is insufficient to meet the                interact with and learn from the local                 prepare them for potential challenges
                                               needs of deaf consumers in the United                   deaf community.                                        they may encounter as they grow and
                                               States. To address this problem, the                                                                           advance in the profession. One-on-one
                                                                                                       Project Activities                                     instruction may address, but is not
                                               Assistant Secretary proposes a priority
                                               to establish a model demonstration                        To meet the requirements of this                     limited to, meaning transfer (e.g.,
                                               center to better prepare novice                         priority, the Center must, at a minimum,               accurately providing an equivalent
                                               interpreters to become nationally                       conduct the following activities:                      message and/or appropriately handling
                                               certified sign language interpreters.                                                                          register), ethical behavior, meeting the
                                                                                                       Establish a consortium                                 consumer’s linguistic preference,
                                                  Interpreters must also be able to
                                               understand and communicate                                 (a) The applicant must establish a                  managing the flow of information (e.g.,
                                               proficiently using technical vocabulary                 consortium of training and technical                   pace, density, turn-taking), and other
                                               and highly specialized discourse in a                   assistance (TA) providers or use an                    related aspects of the interpreting task.
                                                                                                       existing network of providers to design                   (3) Provide multiple learning
                                               variety of complex subject matters in
                                                                                                       and implement a model experiential                     opportunities, such as an internship
                                               both English and ASL. Training, even
                                                                                                       learning program. An eligible                          with a community program, mentoring,
                                               for experienced interpreters, in
                                                                                                       consortium must be comprised of a                      and intensive site-specific work.
                                               specialized settings is needed, and for
                                                                                                       designated lead entity that operates a                 Intensive site-specific work may task a
                                               this reason, we are publishing a notice                                                                        novice interpreter, under close direction
                                               of proposed priority focusing on                        baccalaureate degree ASL-English
                                                                                                       interpretation program that is                         from the advisor interpreter, with
                                               interpreter training in specialized areas                                                                      providing interpreting services to deaf
                                               elsewhere in this issue of the Federal                  recognized and accredited by CCIE; and
                                                                                                          (b) Members of the consortium must                  individuals employed at a work site, or
                                               Register.                                                                                                      to deaf students taking courses at
                                                  References:                                          be staffed by or have access to
                                                                                                       experienced and certified interpreters,                college or enrolled in an apprenticeship
                                               Cogen, Cathy, M.Ed., and Cokely, Dennis,
                                                                                                       interpreter educators, and trained                     program. Other learning modalities may
                                                   Ph.D., ‘‘Preparing Interpreters for                                                                        be proposed and must include adequate
                                                   Tomorrow: Report on a Study of                      mentors with capability in providing
                                                                                                       feedback and guidance to novice                        justification.
                                                   Emerging Trends in Interpreting and                                                                           (4) Emphasize innovative
                                                   Implications for Interpreter Education’’            interpreters, and in serving as language
                                                                                                                                                              instructional delivery methods, such as
                                                   (National Interpreter Education Center at           models; and who are geographically
                                                   Northeastern University, January 2015).
                                                                                                                                                              distance learning or block scheduling
                                                                                                       dispersed across the country, including
                                                   Registry of Interpreters for the Deaf                                                                      (i.e., a type of academic scheduling that
                                                                                                       the territories, or are able to provide
                                                   ‘‘Fiscal Year 2014 Annual Report’’                                                                         offers students fewer classes per day for
                                                                                                       training, TA, and mentoring remotely to
                                                   available at www.rid.org/2014-annual-                                                                      longer periods of time) that would allow
                                                                                                       broad sections of the country.
                                                   report/#certification                                                                                      novice interpreters to more easily
                                                                                                       Training Activities                                    participate in the program (i.e.,
                                                 Proposed Priority:
                                                                                                                                                              participants who need to work while in
                                                 The purpose of this priority is to fund                 (a) In years one and two, design and
                                                                                                                                                              the program, have child care or elder
                                               a cooperative agreement for the                         implement an experiential learning
                                                                                                                                                              care considerations, or live in
                                               establishment of a model demonstration                  program that is based upon promising
                                                                                                                                                              geographically isolated areas);
                                               center (Center) to: (1) Develop an                      and best practices or modules in the                      (5) Provide experiential learning that
                                               experiential learning program that could                preparation of novice interpreters to                  engages novice interpreters with
                                               be implemented through baccalaureate                    become certified interpreters. The                     different learning styles;
                                               degree ASL-English programs or                          program design must, at a minimum:                        (6) Provide interpreting experiences
                                               through partner organizations, such as                    (1) Ensure that all activities are                   with a variety of deaf consumers who
                                               community-based organizations,                          offered at no-cost to participants during              have different linguistic and
                                               advocacy organizations, or commissions                  the program.                                           communication needs and preferences,
                                               for the Deaf or deaf-blind that work with                 (2) Include a team comprised of native               and are located in different settings,
                                               baccalaureate degree ASL-English                        language users, qualified interpreters,                including VR settings (e.g., VR
                                               programs to provide work experiences                    and trained mentors to partner with                    counseling, assessments, job-related
                                               and mentoring; (2) pilot the experiential               novice interpreters during and after                   services, training, pre-employment
                                               learning program in three baccalaureate                 successful completion of the                           transition services, transition services,
                                               degree ASL-English programs or partner                  experiential learning program. Roles for               post-employment services, etc.),
                                               organizations and evaluate the results;                 team members must include but are not                  American Job Centers, and other
                                               and (3) disseminate practices that are
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                                                                                                       limited to:                                            relevant workforce partner locations;
                                               promising or supported by evidence,                       (i) Native language users who will                      (7) Require novice interpreters to
                                               examples, and lessons learned.                          serve as language models;                              observe, discuss, and reflect on the work
                                                 The Center must be designed to                          (ii) Qualified interpreters who will act             of the advisor interpreter;
                                               achieve, at a minimum, the following                    in an advisory role by observing,                         (8) Require novice interpreters to
                                               outcomes:                                               providing feedback, and discussing the                 interpret in increasingly more complex
                                                 (a) Increase the number of certified                  novice interpreter’s ability to accurately             and demanding situations. The advisor
                                               interpreters.                                           interpret spoken English into ASL and                  interpreter must provide written and


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                                                                        Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules                                                    20271

                                               oral feedback that includes strengths                     (iv) The length of time for novice                   learning activities, TA, sustainability
                                               and areas of improvement, as well as a                  interpreters to become nationally                      planning, evaluating the effectiveness of
                                               discussion with the novice interpreter                  certified sign language interpreters after             the program, as well as other relevant
                                               about interpretation options, ethical                   participating in this project compared to              areas as determined by the consortium.
                                               behavior, and how best to meet the                      the national average of 19–24 months.                    (b) Establish one or more
                                               communication needs of a particular                                                                            communities of practice 2 that focus on
                                                                                                       Technical Assistance and                               project activities in this priority and that
                                               consumer; and
                                                  (b) Pilot the experiential learning                  Dissemination Activities                               act as vehicles for communication and
                                               program in a single site by year two and                   Conduct TA and dissemination                        exchange of information among
                                               expand to additional sites beginning in                 activities that must include:                          participants in the experiential learning
                                               year three. Applicants must:                               (a) Preparing and broadly                           program, as well as other relevant
                                                  (1) Identify at least three existing                 disseminating TA materials related to                  stakeholders;
                                               baccalaureate degree ASL-English                        practices that are promising or                          (c) Communicate, collaborate, and
                                               interpretation programs to serve as the                 supported by evidence and successful                   coordinate, on an ongoing basis, with
                                               pilot sites. The baccalaureate programs                 strategies for working with novice                     other relevant Department-funded
                                               must use a curriculum design that is                    interpreters;                                          projects, as applicable; and
                                               based upon current best practices in the                   (b) Establishing and maintaining a                    (d) Maintain ongoing communication
                                               ASL-English Interpreter Education                       state-of-the-art information technology                with the RSA project officer and other
                                               profession;                                             (IT) platform sufficient to support                    RSA staff as required.
                                                  (2) Identify cohorts for each pilot site             Webinars, teleconferences, video                       Application Requirements
                                               and provide a plan to ensure that at                    conferences, and other virtual methods
                                               least one cohort is completed in each                   of dissemination of information and TA.                   To be funded under this priority,
                                               pilot site prior to the end of the project                                                                     applicants must meet the application
                                                                                                         Note: All products produced by the Center
                                               period. The cohorts must comprise                                                                              requirements in this priority. RSA
                                                                                                       must meet government- and industry-
                                               graduates from baccalaureate degree                     recognized standards for accessibility,                encourages innovative approaches to
                                               ASL-English interpretation programs                     including section 508 of the Rehabilitation            meet the following requirements:
                                               who are preparing for, or have not                      Act.                                                      (a) Demonstrate, in the narrative
                                               passed, the NIC knowledge and                                                                                  section of the application under
                                                                                                         (c) Developing and maintaining a                     ‘‘Significance of the Project,’’ how the
                                               performance exams and who intend to                     state-of-the-art archiving and
                                               work as interpreters. Applicants may                                                                           proposed project will address the need
                                                                                                       dissemination system that—                             for nationally certified sign language
                                               determine the number of cohorts for                       (1) Provides a central location for later
                                               each pilot site as well as the number of                                                                       interpreters. To meet this requirement,
                                                                                                       use of TA products, including curricula,               the applicant must:
                                               participants in each cohort;                            audiovisual materials, Webinars,
                                                  (3) Establish additional criteria for                                                                          (1) Demonstrate knowledge of
                                                                                                       examples of practices that are promising               English/ASL competencies that novice
                                               selection in the program. This may
                                                                                                       or supported by evidence, and any other                interpreters must possess in order to
                                               include, but is not limited to,
                                                                                                       relevant TA products; and                              enter and to complete an experiential
                                               submission of an application, relevant                    (2) Is open and available to the public.
                                               assessments, interviews with                                                                                   learning program and, at the end of the
                                                                                                         (d) Provides a minimum of two                        program, to successfully obtain national
                                               prospective participants, and                           Webinars or video conferences over the
                                               recommendations from faculty at                                                                                certification;
                                                                                                       course of the project to describe and                     (2) Demonstrate knowledge of
                                               baccalaureate degree ASL-English                        disseminate information to the field
                                               interpretation programs;                                                                                       practices that are promising or
                                                                                                       about results, challenges, solutions, and              supported by evidence in training
                                                  (c) Conduct a formative and
                                                                                                       practices that are promising or                        novice interpreters; and
                                               summative evaluation. At a minimum,
                                                                                                       supported by evidence.                                    (3) Demonstrate knowledge of
                                               this must include:
                                                  (1) An assessment of participant                       Note: In meeting the requirements for                practices that are promising or
                                               outcomes from each cohort that                          paragraphs (a), (b), and (c) of this section, the      supported by evidence in providing
                                               includes, at a minimum, level of                        Center either may develop new platforms or             experiential learning.
                                                                                                       systems or may modify existing platforms or               (b) Demonstrate, in the narrative
                                               knowledge and practical skill levels
                                                                                                       systems, so long as the requirements of this           section of the application under
                                               using pre- and post-assessments;                        priority are met.
                                               feedback from novice interpreters, from                                                                        ‘‘Quality of Project Services,’’ how the
                                               interpreter advisors, including written                                                                        proposed project will—
                                                                                                       Coordination Activities                                   (1) Ensure equal access and treatment
                                               feedback from observed interpreting
                                               situations, from deaf consumers, from                      (a) Establish an advisory committee.                for members of groups that have
                                               trained mentors, including written                      To effectively implement the Training                  historically been underrepresented
                                               feedback from mentoring sessions, and                   Activities section of this priority, the               based on race, color, national origin,
                                               from others, as appropriate;                            applicant must establish an advisory                   gender, age, or disability in accessing
                                                  (2) Clear and specific measureable                   committee that meets at least semi-                    postsecondary education and training.
                                               outcomes that include, but are not                      annually. The advisory committee must                     (2) Identify the needs of intended
                                               limited to:                                             include representation from all affected               recipients of training; and
                                                  (i) Improvement in specific linguistic               stakeholder groups (i.e., interpreters,
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                                                                                                                                                                2 A community of practice (CoP) is a group of
                                               competencies, as identified by the                      interpreter training programs, deaf
                                                                                                                                                              people who work together to solve a persistent
                                               applicant, in English and ASL;                          individuals, and VR agencies) and may                  problem or to improve practice in an area that is
                                                  (ii) Improvement in specific                         include other relevant groups. The                     important to them and who deepen their knowledge
                                               competencies, as identified by the                      advisory committee will advise on the                  and expertise by interacting on an ongoing basis.
                                               applicant, in ASL-English                               strategies for establishing sites to pilot             CoPs exist in many forms, some large in scale that
                                                                                                                                                              deal with complex problems, others small in scale
                                               interpretation;                                         the experiential learning program, the                 that focus on a problem at a very specific level. For
                                                  (iii) Outcomes in achieving national                 approaches to the experiential learning                more information on communities of practice, see:
                                               certification; and                                      program, modifications to experiential                 www.tadnet.org/pages/510.



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                                               20272                    Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules

                                                  (3) Ensure that project activities and               proposed project. To address this                      implementation and progress toward
                                               products meet the needs of the intended                 requirement, the applicant must                        achieving the intended outcomes; and
                                               recipients by creating materials in                     describe its proposed activities to                       (6) How the methods of evaluation
                                               formats and languages that are                          identify or develop the knowledge base                 will produce quantitative and
                                               accessible;                                             for practices that are promising or                    qualitative data that demonstrate
                                                  (4) Achieve its goals, objectives, and               supported by evidence in experiential                  whether the project activities achieved
                                               intended outcomes. To meet this                         learning for novice interpreters;                      their intended outcomes.
                                               requirement, the applicant must identify                   (6) Develop products and implement                     (d) Demonstrate, in the narrative
                                               and provide—                                            services to maximize the project’s                     section of the application under
                                                  (i) Measurable intended project                      efficiency. To address this requirement,               ‘‘Adequacy of Project Resources,’’
                                               outcomes;                                               the applicant must describe—                           how—
                                                  (ii) Evidence of an existing                            (i) How the proposed project will use                  (1) The proposed project will
                                               Memorandum of Understanding or a                        technology to achieve the intended                     encourage applications for employment
                                               Letter of Intent between the Center and                 project outcomes; and                                  from persons who are members of
                                               proposed training and TA providers to                      (ii) With whom the proposed project                 groups that have historically been
                                               establish a consortium that includes a                  will collaborate and the intended                      underrepresented based on race, color,
                                               description of each proposed partner’s                  outcomes of this collaboration.                        national origin, gender, age, or
                                               anticipated commitment of financial or                     (c) In the narrative section of the                 disability, as appropriate;
                                               in-kind resources (if any), how each                    application under ‘‘Quality of the                        (2) The proposed key project
                                               proposed provider’s current and                         Evaluation Plan,’’ include an evaluation               personnel, consultants, and
                                               proposed activities align with those of                 plan for the project. To address this                  subcontractors have the qualifications
                                               the proposed project, how each                          requirement, the applicant must                        and experience to provide experiential
                                               proposed provider will be held                          describe—                                              learning to novice interpreters and to
                                               accountable under the proposed                             (1) Evaluation methodologies,                       achieve the project’s intended
                                               structure, and evidence to demonstrate                  including instruments, data collection                 outcomes;
                                               a working relationship between the                      methods, and analyses that will be used                   (3) The applicant and any key
                                               applicant and its proposed partners and                 to evaluate the project;                               partners have adequate resources to
                                               key stakeholders and other relevant                        (2) Measures of progress in                         carry out the proposed activities; and
                                               groups; and                                             implementation, including the extent to                   (4) The proposed costs are reasonable
                                                  (iii) A plan for communicating,                      which the project’s activities and                     in relation to the anticipated results and
                                               collaborating, and coordinating with an                 products have reached their target                     benefits;
                                               advisory committee; key staff in State                  populations; intended outcomes or                         (e) Demonstrate, in the narrative
                                               VR agencies, such as State Coordinators                 results of the project’s activities in order           section of the application under
                                               for the Deaf; State and local partner                   to evaluate those activities; and how                  ‘‘Quality of the Management Plan,’’
                                               programs; Registry of Interpreters for the              well the goals and objectives of the                   how—
                                               Deaf, Inc.; RSA partners, such as the                   proposed project, as described in its                     (1) The proposed management plan
                                               Council of State Administrators of                      logic model,3 have been met;                           will ensure that the project’s intended
                                               Vocational Rehabilitation, the National                    (3) How the evaluation plan will be                 outcomes will be achieved on time and
                                               Council of State Agencies for the Blind;                implemented and revised, as needed,                    within budget. To address this
                                               and relevant programs within the Office                 during the project. The applicant must                 requirement, the applicant must
                                               of Special Education and Rehabilitative                 designate at least one individual with                 describe—
                                               Services (OSERS).                                       sufficient dedicated time, experience in                  (i) Clearly defined responsibilities for
                                                  (3) Use a conceptual framework to                    evaluation, and knowledge of the                       key project personnel, consultants, and
                                               design experiential learning activities,                project to support the design and                      subcontractors, as applicable; and
                                               describing any underlying concepts,                     implementation of the evaluation. Tasks                   (ii) Timelines and milestones for
                                               assumptions, expectations, beliefs, or                  may include, but are not limited to,                   accomplishing the project tasks.
                                               theories, as well as the presumed                                                                                 (2) Key project personnel and any
                                                                                                       coordinating with the advisory
                                               relationships or linkages among these                                                                          consultants and subcontractors
                                                                                                       committee and RSA to revise the logic
                                               variables and any empirical support for                                                                        allocated to the project and how these
                                                                                                       model to provide for a more
                                               this framework.                                                                                                allocations are appropriate and adequate
                                                                                                       comprehensive measurement of
                                                  (4) Be based on current research and                                                                        to achieve the project’s intended
                                                                                                       implementation and outcomes, to reflect
                                               make use of practices that are promising                                                                       outcomes, including an assurance that
                                                                                                       any changes or clarifications to the logic
                                               or supported by evidence. To meet this                                                                         such personnel will have adequate
                                                                                                       model discussed at the kick-off meeting,
                                               requirement, the applicant must                                                                                availability to ensure timely
                                                                                                       and to revise the evaluation design and
                                               describe—                                                                                                      communications with stakeholders and
                                                                                                       instrumentation proposed in the grant
                                                  (i) How the current research about                                                                          RSA;
                                                                                                       application consistent with the logic
                                               adult learning principles and                                                                                     (3) The proposed management plan
                                                                                                       model (e.g., developing quantitative or
                                               implementation science will inform the                                                                         will ensure that the products and
                                                                                                       qualitative data collections that permit
                                               proposed TA; and                                                                                               services provided are of high quality;
                                                  (ii) How the proposed project will                   both the collection of progress data and
                                                                                                                                                              and
                                               incorporate current research and                        the assessment of project outcomes);                      (4) The proposed project will benefit
                                                                                                          (4) The standards and targets for
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                                               practices that are promising or                                                                                from a diversity of perspectives,
                                               supported by evidence in the                            determining effectiveness;                             including the advisory committee, as
                                               development and delivery of its                            (5) How evaluation results will be                  well as other relevant groups in its
                                               products and services.                                  used to examine the effectiveness of                   development and operation.
                                                  (5) Develop products and provide                        3 A logic model communicates how the project
                                                                                                                                                                 (f) Address the following application
                                               services that are of high quality and                   will achieve its intended outcomes and provides a      requirements. The applicant must—
                                               sufficient intensity and duration to                    framework for both the formative and summative            (1) Include, in Appendix A, a logic
                                               achieve the intended outcomes of the                    evaluations of the project.                            model that depicts, at a minimum, the


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                                                                        Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules                                            20273

                                               goals, activities, outputs, and intended                to use this priority, we invite applications           13563, which supplements and
                                               outcomes of the proposed project;                       through a notice in the Federal Register.              explicitly reaffirms the principles,
                                                  (2) Include, in Appendix A, a                                                                               structures, and definitions governing
                                               Memorandum of Understanding or a                        Paperwork Reduction Act of 1995                        regulatory review established in
                                               Letter of Intent between the Center and                   As part of its continuing effort to                  Executive Order 12866. To the extent
                                               the proposed training and TA providers;                 reduce paperwork and respondent                        permitted by law, Executive Order
                                                  (3) Include, in Appendix A, a                        burden, the Department provides the                    13563 requires that an agency—
                                               conceptual framework for the project;                   general public and Federal agencies                       (1) Propose or adopt regulations only
                                                  (4) Include, in Appendix A, person-                  with an opportunity to comment on                      upon a reasoned determination that
                                               loading charts and timelines as                         proposed and continuing collections of                 their benefits justify their costs
                                               applicable, to illustrate the management                information in accordance with the                     (recognizing that some benefits and
                                               plan described in the narrative;                        Paperwork Reduction Act of 1995 (PRA)                  costs are difficult to quantify);
                                                  (5) Include, in the budget, attendance               (44 U.S.C. 3506(c)(2)(A)). This helps                     (2) Tailor its regulations to impose the
                                               at the following:                                       ensure that: the public understands the                least burden on society, consistent with
                                                  (i) A one and one-half day kick-off                                                                         obtaining regulatory objectives and
                                                                                                       Department’s collection instructions,
                                               meeting in Washington, DC, after receipt                                                                       taking into account—among other things
                                                                                                       respondents can provide the requested
                                               of the award;                                                                                                  and to the extent practicable—the costs
                                                  (ii) An annual planning meeting in                   data in the desired format, reporting
                                                                                                       burden (time and financial resources) is               of cumulative regulations;
                                               Washington, DC, with the RSA project                                                                              (3) In choosing among alternative
                                               officer and other relevant RSA staff                    minimized, collection instruments are
                                                                                                       clearly understood, and the Department                 regulatory approaches, select those
                                               during each subsequent year of the                                                                             approaches that would maximize net
                                               project period; and                                     can properly assess the impact of
                                                                                                       collection requirements on respondents.                benefits (including potential economic,
                                                  (iii) A one-day intensive review                                                                            environmental, public health and safety,
                                               meeting in Washington, DC, during the                     These proposed priorities contain
                                                                                                       information collection requirements that               and other advantages; distributive
                                               third quarter of the third year of the                                                                         impacts; and equity);
                                               project period.                                         are approved by OMB under the
                                                                                                       National Interpreter Education program                    (4) To the extent feasible, specify
                                                  Types of Priorities:                                                                                        performance objectives, rather than the
                                                  When inviting applications for a                     1820–0018; this proposed regulation
                                                                                                       does not affect the currently approved                 behavior or manner of compliance a
                                               competition using one or more                                                                                  regulated entity must adopt; and
                                               priorities, we designate the type of each               data collection.
                                                                                                                                                                 (5) Identify and assess available
                                               priority as absolute, competitive                       Executive Orders 12866 and 13563                       alternatives to direct regulation,
                                               preference, or invitational through a                                                                          including economic incentives—such as
                                               notice in the Federal Register. The                     Regulatory Impact Analysis
                                                                                                                                                              user fees or marketable permits—to
                                               effect of each type of priority follows:                   Under Executive Order 12866, the                    encourage the desired behavior, or
                                                  Absolute priority: Under an absolute                 Secretary must determine whether this                  provide information that enables the
                                               priority, we consider only applications                 regulatory action is ‘‘significant’’ and,              public to make choices.
                                               that meet the priority (34 CFR                          therefore, subject to the requirements of                 Executive Order 13563 also requires
                                               75.105(c)(3)).                                          the Executive order and subject to                     an agency ‘‘to use the best available
                                                  Competitive preference priority:                     review by the Office of Management and                 techniques to quantify anticipated
                                               Under a competitive preference priority,                Budget (OMB). Section 3(f) of Executive                present and future benefits and costs as
                                               we give competitive preference to an                    Order 12866 defines a ‘‘significant                    accurately as possible.’’ The Office of
                                               application by (1) awarding additional                  regulatory action’’ as an action likely to             Information and Regulatory Affairs of
                                               points, depending on the extent to                      result in a rule that may—                             OMB has emphasized that these
                                               which the application meets the priority                   (1) Have an annual effect on the                    techniques may include ‘‘identifying
                                               (34 CFR 75.105(c)(2)(i)); or (2) selecting              economy of $100 million or more, or                    changing future compliance costs that
                                               an application that meets the priority                  adversely affect a sector of the economy,              might result from technological
                                               over an application of comparable merit                 productivity, competition, jobs, the                   innovation or anticipated behavioral
                                               that does not meet the priority (34 CFR                 environment, public health or safety, or               changes.’’
                                               75.105(c)(2)(ii)).                                      State, local, or tribal governments or                    We are issuing this proposed priority
                                                  Invitational priority: Under an                      communities in a material way (also                    only on a reasoned determination that
                                               invitational priority, we are particularly              referred to as an ‘‘economically                       its benefits justify its costs. In choosing
                                               interested in applications that meet the                significant’’ rule);                                   among alternative regulatory
                                               priority. However, we do not give an                       (2) Create serious inconsistency or                 approaches, we selected those
                                               application that meets the priority a                   otherwise interfere with an action taken               approaches that would maximize net
                                               preference over other applications (34                  or planned by another agency;                          benefits. Based on the analysis that
                                               CFR 75.105(c)(1)).                                         (3) Materially alter the budgetary                  follows, the Department believes that
                                                  Final priority: We will announce the                 impacts of entitlement grants, user fees,              this regulatory action is consistent with
                                               final priority in a notice in the Federal               or loan programs or the rights and                     the principles in Executive Order 13563.
                                               Register. We will determine the final                   obligations of recipients thereof; or                     We also have determined that this
                                               priority after considering responses to                    (4) Raise novel legal or policy issues              regulatory action would not unduly
                                               this notice and other information                       arising out of legal mandates, the                     interfere with State, local, and tribal
                                               available to the Department. This notice
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                                                                                                       President’s priorities, or the principles              governments in the exercise of their
                                               does not preclude us from proposing                     stated in the Executive order.                         governmental functions.
                                               additional priorities, requirements,                       This proposed regulatory action is not                 In accordance with both Executive
                                               definitions, or selection criteria, subject             a significant regulatory action subject to             orders, the Department has assessed the
                                               to meeting applicable rulemaking                        review by OMB under section 3(f) of                    potential costs and benefits, both
                                               requirements.                                           Executive Order 12866.                                 quantitative and qualitative, of this
                                                 Note: This notice does not solicit                       We have also reviewed this proposed                 regulatory action. The potential costs
                                               applications. In any year in which we choose            regulatory action under Executive Order                are those resulting from statutory


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                                               20274                    Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules

                                               requirements and those we have                            Dated: April 1, 2016.                                   • http://www.regulations.gov: Follow
                                               determined as necessary for                             Michael K. Yudin,                                      the on-line instructions for submitting
                                               administering the Department’s                          Assistant Secretary for Special Education and          comments.
                                               programs and activities.                                Rehabilitative Services.                                  • Email: wall.steve@epa.gov.
                                                  Through this priority, experiential                  [FR Doc. 2016–07933 Filed 4–6–16; 8:45 am]                • Fax: (415) 947–3564.
                                               learning and TA will be provided to                     BILLING CODE 4000–01–P                                    • Mail: Steve Wall, Environmental
                                               novice interpreters in order for them to                                                                       Protection Agency Region IX, Mail code:
                                               achieve national certification. These                                                                          LND 2–3, 75 Hawthorne Street, San
                                               activities will help interpreters to more                                                                      Francisco, CA 94105–3901.
                                                                                                       ENVIRONMENTAL PROTECTION
                                               effectively meet the communication                      AGENCY                                                    Instructions: EPA’s policy is that all
                                               needs of individuals who are deaf or                                                                           comments received will be included in
                                               hard of hearing and individuals who are                 40 CFR Part 258                                        the public docket without change and
                                                                                                                                                              may be made available online at
                                               Deaf-Blind. The training ultimately will
                                                                                                       [FRL–9944–66–Region 9]                                 http://www.regulations.gov, including
                                               improve the quality of VR services and
                                                                                                                                                              any personal information provided,
                                               the competitive integrated employment                   Tentative Determination To Approve                     unless the comment includes
                                               outcomes achieved by individuals with                   Site Specific Flexibility for Closure and              information claimed to be Confidential
                                               disabilities. This priority would                       Monitoring of the Picacho Landfill                     Business Information (CBI) or other
                                               promote the efficient and effective use                                                                        information whose disclosure is
                                               of Federal funds.                                       AGENCY: Environmental Protection
                                                                                                       Agency (EPA).                                          restricted by statute.
                                                  Intergovernmental Review: This                                                                                 If you submit an electronic comment,
                                                                                                       ACTION: Notice of proposed rulemaking.
                                               program is subject to Executive Order                                                                          EPA recommends that you include your
                                               12372 and the regulations in 34 CFR                     SUMMARY:   The Environmental Protection                name and other contact information in
                                               part 79. One of the objectives of the                   Agency, Region IX, is making a tentative               the body of your comment and with any
                                               Executive order is to foster an                         determination to approve two Site                      email, Web site submittal, disk or CD–
                                               intergovernmental partnership and a                     Specific Flexibility Requests (SSFRs)                  ROM you submit. If EPA cannot read
                                               strengthened federalism. The Executive                  from Imperial County (County or                        your comment due to technical
                                               order relies on processes developed by                  Imperial County) to close and monitor                  difficulties and cannot contact you for
                                               State and local governments for                         the Picacho Solid Waste Landfill                       clarification, EPA may not be able to
                                               coordination and review of proposed                     (Picacho Landfill or Landfill). The                    consider your comment.
                                               Federal financial assistance.                           Picacho Landfill is a commercial                          Do not submit information that you
                                                                                                       municipal solid waste landfill (MSWLF)                 consider to be CBI or otherwise
                                                  This document provides early                                                                                protected through http://
                                                                                                       operated by Imperial County from 1977
                                               notification of our specific plans and                                                                         www.regulations.gov or email. See
                                                                                                       to the present on the Quechan Indian
                                               actions for this program.                                                                                      below for instructions regarding
                                                                                                       Tribe of the Fort Yuma Indian
                                                  Accessible Format: Individuals with                  Reservation in California.                             submitting CBI.
                                               disabilities can obtain this document in                  Imperial County is seeking approval                     The http://www.regulations.gov Web
                                               an accessible format (e.g., braille, large              from EPA to use an alternative final                   site is an ‘‘anonymous access’’ system,
                                               print, audiotape, or compact disc) on                   cover and to modify the prescribed list                which means EPA will not know your
                                               request to the program contact person                   of detection-monitoring parameters for                 identity or contact information unless
                                               listed under FOR FURTHER INFORMATION                    ongoing monitoring. The Quechan                        you provide it in the body of your
                                               CONTACT.                                                Indian Tribe (Tribe) reviewed the                      comment.
                                                  Electronic Access to This Document:                  proposed SSFRs and determined that                        If you send an email comment
                                                                                                       they met tribal requirements. EPA is                   directly to EPA without going through
                                               The official version of this document is
                                                                                                       now seeking public comment on EPA’s                    http://www.regulations.gov, your email
                                               the document published in the Federal
                                                                                                       tentative determination to approve the                 address will be automatically captured
                                               Register. Free Internet access to the                                                                          and included as part of the comment
                                                                                                       SSFRs.
                                               official edition of the Federal Register                                                                       that is placed in the public docket and
                                               and the Code of Federal Regulations is                  DATES:  Comments must be received on
                                                                                                       or before May 9, 2016. If sufficient                   made available on the Internet.
                                               available via the Federal Digital System                                                                          Electronic files should avoid the use
                                               at: www.gpo.gov/fdsys. At this site, you                public interest is expressed by April 22,
                                                                                                       2016, EPA will hold a public hearing at                of special characters, any form of
                                               can view this document, as well as all                                                                         encryption, and be free of any defects or
                                               other documents of this Department                      the Quechan Community Center,
                                                                                                       located at 604 Picacho Rd., in                         viruses.
                                               published in the Federal Register, in
                                               text or Portable Document Format                        Winterhaven, CA on May 9, 2016 from                    Tips for Submitting Comments to EPA
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Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                                                                                                                                              ID No. EPA–R09–RCRA–2015–0445 and
                                               Register by using the article search                    public hearing, contact Steve Wall at                  other identifying information (subject
                                               feature at: www.federalregister.gov.                    (415) 972–3381 to verify that a hearing                heading, Federal Register date and page
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Document Created: 2016-04-06 23:44:17
Document Modified: 2016-04-06 23:44:17
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 May 9, 2016.
ContactKristen Rhinehart-Fernandez. Telephone: (202) 245-6103 or by email: [email protected]
FR Citation81 FR 20268 

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