81 FR 27375 - 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 88 (May 6, 2016)
Federal Register Volume 81, Issue 88 (May 6, 2016)
| Page Range | 27375-27381 | |
| FR Document | 2016-10718 |
[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)] [Proposed Rules] [Pages 27375-27381] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10718] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION 34 CFR Chapter III [Docket ID ED-2016-OSERS-0018; CFDA Number: 84.160D.] 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. ----------------------------------------------------------------------- SUMMARY: The Assistant Secretary for Special Education and Rehabilitative [[Page 27376]] 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 to working interpreters in order to develop a new skill area or enhance an existing skill area. DATES: We must receive your comments on or before June 6, 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. During and after the comment period, you may inspect all public comments about these proposed regulations by accessing Regulations.gov. You may also inspect the comments in person in Room 5040, 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 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 raise their skill level competence in order to meet the highest standards approved by certifying associations and to effectively meet the communication needs of individuals who are deaf or hard of hearing and individuals who are deaf-blind. Program Authority: 29 U.S.C. 709(c) and 772(a) and (f). Applicable Program Regulations: 34 CFR part 396. PROPOSED PRIORITY: This notice contains one proposed priority. Interpreter Training in Specialized Areas Background Over the past 20 years, the fields of interpreting and interpreter training have changed significantly in order to effectively respond to the evolving needs of children and adults in the United States who are deaf,\1\ including consumers of the Vocational Rehabilitation (VR) system. These changes bring with them an array of unfamiliar communication challenges for interpreters, which are driving the need for new training and development priorities (Schafer and Cokely, 2016). Interpreters are increasingly providing services to deaf individuals with idiosyncratic and dysfluent language; being called upon to be fluent in English, ASL, and one other language in order to provide trilingual interpretation; and providing services to deaf individuals in highly specialized academic and employment settings (Schafer and Cokely, 2016). --------------------------------------------------------------------------- \1\ As used in this notice, the word ``deaf'' refers to (1) ``deaf'' and ``Deaf'' people, i.e., to the condition of deafness; (2) ``deaf, hard of hearing, and Deaf-Blind;'' and (3) individuals who are culturally Deaf and who use American Sign Language (ASL). ``Deaf'' refers only to the third group. --------------------------------------------------------------------------- In 2016, the National Interpreter Education Center (NIEC) released a report based on information and input collected over current and previous grant cycles through needs assessments, national surveys, and survey software platforms. A practitioner survey was conducted in 2014 to gather data from interpreters on their experiences in interpreting for consumers who are deaf and hard of hearing. One question on the survey asked interpreters whether they have served an increased number of deaf individuals with idiosyncratic language. Overall, 24 percent of respondents reported an increase in the number of individuals with idiosyncratic language served, and 38 percent of respondents reported the numbers of individuals with idiosyncratic sign language have ``remained the same.'' This trend dates back more than five years (Schafer and Cokely, 2016). The 2014 Practitioner survey also illustrates a growing demand for trilingual interpreting services. In that survey, 68 percent of respondents reported a need for third language fluency (Schafer and Cokely, 2016). The data from the 2014 Practitioner Survey was substantiated by data from the 2015 National Interpreter Education Center Trends Survey. In the Trends survey, 66 percent of service provider [[Page 27377]] respondents reported an increase in the number of deaf individuals from a household with a foreign spoken language, and 35 percent of respondents reported an increase in the number of deaf individuals using a foreign signed language (Schafer and Cokely, 2016). The 2015 Trends Survey also indicates that Federal legislation mandating communication access may have begun to pay off, creating more opportunities for deaf individuals to pursue postsecondary and graduate level education and specialized training. As a result, individuals who are deaf and hard of hearing are obtaining jobs in law, medicine, engineering, higher education, and high tech industries in greater numbers. The Trends Survey documented 47 percent of service providers reporting the number of deaf individuals pursuing education or employment in specialized fields increasing (Schafer and Cokely, 2016). The data from the 2014 Practitioner Survey and 2015 Trends Survey give support to the conclusion that interpreters must be able to understand and communicate proficiently using technical vocabulary and highly specialized discourse in a variety of complex subject matters in both ASL and English. Interpreters must also be prepared to meet the communication needs of individuals who are ``Deaf Plus'' \2\ with dysfluent first language skills, who pose many challenges for interpreters who do not have superior proficiency in ASL or a ready arsenal of communication strategies (Schafer and Cokely, 2016). --------------------------------------------------------------------------- \2\ The term ``Deaf Plus'' refers to an individual who is deaf or hard of hearing in addition to having other medical, physical, emotional, cognitive, educational, or social challenges (Schafer and Cokely, page 5). --------------------------------------------------------------------------- Training, even for qualified interpreters, is needed in all of these specialized areas to build a workforce that is reflective of the population it serves and equipped to meet a variety of extremely diverse communication needs. To address this problem, the Assistant Secretary proposes a priority to establish projects to train interpreters in specialized areas. Apart from this, generally, the pool of qualified interpreters is insufficient to meet the needs of deaf consumers in the United States. For this reason, we are publishing a proposed priority elsewhere in the Federal Register to establish a national model demonstration center to better prepare novice interpreters to become nationally certified sign language interpreters. References Schafer, Trudy, MPA. MIP, Center Director, and Cokely, Dennis, Ph.D., Principle Investigator, ``Report on the National Needs Assessment Initiative New Challenges-Needed Challenges'' (National Interpreter Education Center at Northeastern University) (March 2016). Proposed Priority The purpose of this priority is to fund projects that provide training for English-American Sign Language (ASL) interpreter training in specialized areas. The training must be provided to working interpreters (e.g., interpreters with a baccalaureate degree in ASL- English who possess a minimum of three years of relevant experience as an interpreter) who need to develop a new skill area or enhance an existing skill area. Within this proposed priority, the Assistant Secretary intends to fund training in the following specialty areas: (1) Interpreting for consumers with dysfluent language competencies (e.g., individuals who use idiosyncratic signs or display limited first language competency in either spoken or sign language, due to delayed acquisition of the first language); (2) trilingual interpreting (e.g., language fluency in first, second, and third languages with one of the three languages being ASL); and (3) field-initiated topics. During the project, applicants must develop and deliver training of sufficient scope, intensity, and duration for working interpreters to achieve increased skill, knowledge, and competence in a specialty area. Applicants may develop a new training program or stand-alone modules that could also be incorporated into an existing baccalaureate degree ASL-English program. The training program or modules must be developed by the end of the first year of the project period and delivered in years two, three, four, and five of the project period. The projects must be designed to achieve, at a minimum, the following outcomes: (a) An increase in the number of interpreters who are trained to work with deaf consumers who require specialized interpreting; and (b) An increase in the number of interpreters trained in specialty areas who obtain or advance in employment in the areas for which they were prepared. To be considered for funding, applicants must meet the requirements contained in this proposed priority, which are as follows: (a) Demonstrate, in the narrative section of the application under ``Significance of the Project,'' how the proposed project will address the need for sign language interpreters in a specialized area. To address this requirement, applicants must: (1) Present applicable data demonstrating the need for interpreters in the specialty area for which training will be developed by the project in at least three distinct, noncontiguous geographic areas, which may include the U.S. Territories; (2) Explain how the project will increase the number of working interpreters in a specialty area who demonstrate the necessary competencies to meet the communication needs of individuals who are deaf, hard of hearing, or deaf-blind. To meet this requirement, the applicant must-- (i) Identify competencies working interpreters must demonstrate in order to provide high-quality services in the identified specialty area using practices that are promising or based on instruction supported by evidence and intervention, when available; and (ii) Demonstrate that the identified competencies are based on practices that are promising or supported by evidence that will result in effectively meeting the communication needs of individuals who are deaf, hard of hearing, or deaf-blind. (b) Demonstrate, in the narrative section of the application under ``Quality of Project Design,'' how the proposed project will-- (1) Provide training in person or remotely to at least three distinct, noncontiguous geographic areas identified in paragraph (a)(1); (2) Identify and partner with trainers who are certified and recognized in the specialty area through formal or informal certification to develop and deliver the training. If certification is not available in the specialty area, provide evidence of relevant training and experience (e.g., provide a portfolio that includes training verification, video samples, letters of support from consumers and employers, etc.); (3) 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 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; (ii) How the proposed project will engage working interpreters with different learning styles; and (iii) How the proposed project will ensure working interpreters interact [[Page 27378]] with deaf individuals who have a range of communication skills, from those with limited language skills to those with high-level, professional language skills. (c) In the narrative section of the application under ``Quality of Project Services,'' the applicant must-- (1) Demonstrate how the project will ensure equal access and treatment for eligible project participants who are members of groups who have traditionally been underrepresented based on race, color, national origin, gender, age, or disability; (2) Describe the criteria that will be used to identify high- quality applicants for participation in the program, including any pre- assessments that may be used to determine the skill, knowledge base, and competence of the working interpreter; (3) Describe the recruitment strategies the project will use to attract high-quality working interpreters, including specific strategies targeting high-quality participants from traditionally underrepresented groups (e.g., individuals with disabilities and individuals living in remote areas); (4) Describe how the project will ensure that all training activities and materials are fully accessible; (5) Describe the approach that will be used to enable more working interpreters to participate in and successfully complete the training program, specifically participants who need to work while in the program, have child care or elder care considerations, or live in geographically isolated areas. The approach must emphasize innovative instructional delivery methods, such as distance learning or block scheduling (a type of academic scheduling that offers students fewer classes per day for longer periods of time), which would allow working interpreters to more easily participate in the program; (6) Describe the approach that will be used to enable working interpreters to successfully complete the program or stand-alone modules, to include mentoring, monitoring, and accommodation support services; (7) Describe how the project will incorporate practices that are promising and supported by evidence for adult learners; (8) Demonstrate how the project is of sufficient scope, intensity, and duration to adequately prepare working interpreters in the identified specialty area of training. To address this requirement, the applicant must describe how-- (i) The components of the proposed project will support working interpreters' acquisition and enhancement of the competencies identified in paragraph (a)(2)(i); (ii) The components of the project will allow working interpreters to apply their content knowledge in a practical setting; (iii) The proposed project will provide working interpreters with ongoing guidance and feedback; and (iv) The proposed project will provide ongoing induction opportunities and support working interpreters after completion of the specialty area program. (9) Demonstrate how the proposed project will actively engage representation from consumers, consumer organizations, and service providers, especially vocational rehabilitation (VR) agencies, interpreters, interpreter training programs, and individuals who are deaf and deaf-blind in the project, including project development, design, implementation, delivery of training, dissemination, sustainability planning, program evaluation, and other relevant areas as determined by the applicant; (10) Describe how the project will conduct dissemination and coordination activities. To meet this requirement, the applicant must-- (i) Describe its plan for disseminating information to and coordinating with VR agencies, American Job Centers and other workforce partners regarding finding interpreters with the specialized interpreting skills needed; disseminating information to working interpreters about training available in the specialized area, and broadly disseminating successful strategies for preparing working interpreters in a specialized area; (ii) Describe its strategy for disseminating products developed during the project period. To meet this requirement the applicant must-- (A) Develop and maintain a state-of-the-art archiving and dissemination system that is open and available to the public and provides a central location for later use of training materials, including curricula, audiovisual materials, Webinars, examples of emerging and promising practices, and any other relevant material; (B) Provide a minimum of three Webinars or video conferences over the course of the project. Applicants may determine the audience, content, and goals of this activity. For instance, applicants may consider disseminating information to working interpreters not enrolled in the program about training in a specialty area, as well as interacting with interpreter educators about the curriculum or training module design, challenges, solutions, and results achieved. Note: All products produced by the grantees must meet government- and industry-recognized standards for accessibility, including section 508 of the Rehabilitation Act. (iii) Describe its approach for incorporating the use of information technology (IT) into all aspects of the project. The approach must include establishing and maintaining a state-of-the-art IT platform that is sufficient to support Webinars, teleconferences, video conferences, and other virtual methods of dissemination of information. Note: In meeting the requirements mentioned in paragraphs (c)(10)(ii)(A) and (B) and (c)(10)(iii) above, projects may either develop new platforms or systems or may modify existing platforms or systems, so long as the requirements of this priority are met. (iv) Describe its approach for conducting coordination and collaboration activities. To meet this requirement, the applicant must-- (A) Establish a community of practice \3\ in the specialty area of training that focuses on project activities in this priority and acts as a vehicle for communication and exchange of information among participants in the program and other relevant stakeholders; --------------------------------------------------------------------------- \3\ 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. --------------------------------------------------------------------------- (B) Communicate, collaborate, and coordinate with other relevant Department-funded projects, as applicable; (C) Maintain ongoing communication with the RSA project officer and other RSA staff as required; and (D) Communicate, collaborate, and coordinate, as appropriate, with key staff in State VR agencies, such as the State Coordinators for the Deaf; State and local partner programs; consumer organizations and associations, including those that represent individuals who are deaf, hard of hearing, deaf-blind, and late deafened; and relevant RSA partner organizations and associations. (d) 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 evaluation plan must describe-- [[Page 27379]] (1) An approach, using pre- and post-assessments, for assessing the level of knowledge, skills, and competencies gained among participants; (2) An approach for assessing the application of knowledge, skills, and competencies after completion; and (3) An approach for incorporating oral and written feedback from trainers, from deaf consumers, and any feedback from mentoring sessions conducted with the participants; (4) Evaluation methodologies, including instruments, data collection methods, and analyses that will be used to evaluate the project; (5) 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,\4\ have been met; --------------------------------------------------------------------------- \4\ 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. --------------------------------------------------------------------------- (6) 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 coordinate the design and implementation of the evaluation. For example, coordination with any identified partners in the application and RSA to make revisions post award to the logic model in order to reflect any changes or clarifications to the model and to the evaluation design and instrumentation with the logic model (e.g., designing instruments and developing quantitative or qualitative data collections that permit collecting of progress data and assessing project outcomes); (7) The standards and targets for determining effectiveness of the project; (8) How evaluation results will be used to examine the effectiveness of implementation and the progress toward achieving the intended outcomes; and (9) How the methods of evaluation will produce quantitative and qualitative data that demonstrate whether the project activities achieved their intended outcomes. (e) Demonstrate, in the narrative section of the application under ``Adequacy of Project Resources,'' how-- (1) The proposed project will encourage applications for employment with the project from persons who are members of groups that have historically been underrepresented based on race, color, national origin, gender, age, or disability; (2) The proposed project personnel, consultants, and subcontractors have the qualifications and experience to provide training to working interpreters and to achieve the project's intended outcomes; (3) The applicant and any identified 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; (f) Demonstrate, in the narrative section of the application under ``Quality of the Management Plan,'' how-- (1) The proposed management plan will ensure that the project's intended outcomes will be achieved on time and within budget. To address this requirement, the applicant must describe-- (i) Clearly defined responsibilities for key project personnel, consultants, and subcontractors, as applicable; and (ii) Timelines and milestones for accomplishing the project tasks. (2) Key project personnel and any consultants and subcontractors will be allocated to the project and how these allocations are appropriate and adequate to achieve the project's intended outcomes, including an assurance that such personnel will have adequate availability to ensure timely communications with stakeholders and RSA; (3) The proposed management plan will ensure that the products and services provided are of high quality; and (4) The proposed project will benefit from a diversity of perspectives, especially relevant partners, groups, and organizations described throughout this notice, in its development and operation. (g) Address the following application requirements. The applicant must-- (1) Include, in Appendix A, a logic model that depicts, at a minimum, the goals, activities, outputs, and intended outcomes of the proposed project; (2) Include, in Appendix A, person-loading charts and timelines, as applicable, to illustrate the management plan described in the narrative; and (3) Include, in the budget, attendance at a one-day intensive review meeting in Washington, DC, during the third quarter of the third year of the project period. Specialty Areas With this proposed priority, the Secretary intends to fund four national projects in the following specialty areas: (1) Interpreting for consumers with dysfluent language competencies (e.g., individuals who use idiosyncratic signs or display limited first language competency in either spoken or sign language, due to delayed acquisition of the first language); (2) trilingual interpreting (e.g., language fluency in first, second, and third languages with one of the three languages being ASL); and (3) field-initiated topics. Applicants must identify the specific focus area (1, 2, or 3) under which they are applying as part of the competition title on the application cover sheet (SF form 424, line 4). Applicants may not submit the same proposal under more than one specialty area. Specialty Area 1: Interpreting for Consumers With Dysfluent Language Competencies Interpreting for consumers with dysfluent language competencies include: (1) Those with limited, idiosyncratic, or differing levels of first and second language fluency in English and ASL); (2) those who have families using non-English spoken languages at home and have limited or no fluency in English and ASL; (3) those with cognitive and physical disabilities that impact linguistic competencies; and (4) those who are deaf-blind with varying levels of vision and hearing functions. Specialty Area 2: Trilingual Interpreting Trilingual interpreting is interpreting between three different languages; that is, two spoken languages such as English and Spanish, and ASL. This requires a working interpreter to be competent in three different languages and seamlessly facilitate communication between those languages in real time. RSA is seeking to fund similar projects in trilingual interpreting that includes languages that may be spoken in the United States. During the 2010-2016 grant cycle, RSA funded the development of trilingual interpreting specialized training between English and Spanish, and ASL. Therefore, proposals focusing on English and Spanish, and ASL are not eligible under this proposed priority. Specialty Area 3: Field-Initiated Topics Field-initiated topics that address the needs of working interpreters to acquire specialized knowledge and competencies. These topics may address new specialty areas that require development of training modules of sufficient intensity, duration, and scope of sequence to warrant funding of an entire grant. Proposed topics may also [[Page 27380]] replace training in an established specialty area that is no longer relevant. For instance, applicants may propose new or updated training, such as interpreting in a VR setting given reauthorization of the Rehabilitation Act, as amended, by WIOA. Applicants may also propose a new subset of training in an established specialty area. For instance, in health care interpreting, mental health might be one permissible subset of training because it has its own unique challenges and complexities in terms of setting and deaf consumer needs. In addition, applicants must provide sufficient evidence to demonstrate the need for the proposed new specialty training project or to show that an existing specialized training project is not adequately meeting the training needs of interpreters in order to better meet the linguistic and communication needs of Deaf consumers. Field-initiated topics not eligible under this proposed priority include topics focusing on educational interpreting for pre-k-12 students. In addition, applicants proposing to continue or expand existing training developed in prior grant cycles for deaf-blind interpreting, health care interpreting, legal interpreting, trilingual interpreting in English/Spanish/ASL, deaf self-advocacy training, interpreting in a VR setting, interpreting provided by Deaf Interpreters, and video remote interpreting and video relay interpreting) will not be considered eligible under this priority. Note: The Secretary intends to fund a total of four projects in FY 2016 that have been awarded at least eighty-percent of the maximum possible points, including at least one project from each of the three specialty areas. As a result, the Secretary may fund applications out of rank order. Types of Priorities When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows: Absolute priority: Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)). Competitive preference priority: Under a competitive preference priority, we give competitive preference to an application by (1) awarding additional points, depending on the extent to which the application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications (34 CFR 75.105(c)(1)). Final Priority: We will announce the final priority in a notice in the Federal Register. We will determine the final priority after considering responses to this notice and other information available to the Department. This notice does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements. Note: This notice does not solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the Federal Register. Executive Orders 12866 and 13563 Regulatory Impact Analysis Under Executive Order 12866, the Secretary must determine whether this proposed regulatory action is ``significant'' and, therefore, subject to the requirements of the Executive order 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 requirements and those we have determined as necessary for [[Page 27381]] administering the Department's programs and activities. Through this priority, working interpreters will receive training in a specialty area in order to better meet the communication needs of individuals who are deaf, including consumers of VR. 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. 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. This proposed priority contains 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. 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: May 3, 2016. Michael K. Yudin, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 2016-10718 Filed 5-5-16; 8:45 am] BILLING CODE 4000-01-P
![Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Proposed Rules 27375
C. Collection of Information rule simply promulgates the operating comments are posted or a final rule is
This proposed rule would call for no regulations or procedures for published.
new collection of information under the drawbridges. Normally such actions are
List of Subjects in 33 CFR Part 117
Paperwork Reduction Act of 1995 (44 categorically excluded from further
review, under figure 2–1, paragraph Bridges.
U.S.C. 3501–3520.).
(32)(e), of the Instruction. For the reasons discussed in the
D. Federalism and Indian Tribal Under figure 2–1, paragraph (32)(e), of preamble, the Coast Guard proposes to
Government the Instruction, an environmental amend 33 CFR part 117 as follows:
A rule has implications for federalism analysis checklist and a categorical
under Executive Order 13132, exclusion determination are not PART 117—DRAWBRIDGE
Federalism, if it has a substantial direct required for this rule. We seek any OPERATION REGULATIONS
effect on the States, on the relationship comments or information that may lead
to the discovery of a significant ■ 1. The authority citation for part 117
between the national government and continues to read as follows:
the States, or on the distribution of environmental impact from this
power and responsibilities among the proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
various levels of government. We have G. Protest Activities No. 0170.1.
analyzed this proposed rule under that
Order and have determined that it is The Coast Guard respects the First ■ 2. Revise paragraphs (b) and (c) in
consistent with the fundamental Amendment rights of protesters. § 117.1087 to read as follows:
federalism principles and preemption Protesters are asked to contact the
person listed in the FOR FURTHER § 117.1087 Fox River.
requirements described in Executive
Order 13132. INFORMATION CONTACT section to * * * * *
Also, this proposed rule does not have coordinate protest activities so that your (b) All drawbridges between mile 7.13
tribal implications under Executive message can be received without in DePere and mile 58.3 in Oshkosh,
Order 13175, Consultation and jeopardizing the safety or security of except the Canadian National Railroad
Coordination with Indian Tribal people, places or vessels. Bridge at mile 55.72, shall open as
Governments, because it would not have follows:
V. Public Participation and Request for (1) From April 27 through October 7,
a substantial direct effect on one or Comments
more Indian tribes, on the relationship the draws shall open on signal, except
between the Federal Government and We view public participation as between the hours of midnight and 8
Indian tribes, or on the distribution of essential to effective rulemaking, and a.m. when the draws shall open if at
power and responsibilities between the will consider all comments and material least 2-hours advance notice is given.
received during the comment period. (2) From October 8 through April 26,
Federal Government and Indian tribes.
Your comment can help shape the the draws shall open if at least 12-hours
If you believe this proposed rule has
outcome of this rulemaking. If you advance notice is given.
implications for federalism or Indian
submit a comment, please include the (c) The draw of the Canadian National
tribes, please contact the person listed
docket number for this rulemaking, Railroad Bridge at mile 55.72 shall open
in the FOR FURTHER INFORMATION
indicate the specific section of this on signal, except from October 8
CONTACT section above.
document to which each comment through April 26 when the draw shall
E. Unfunded Mandates Reform Act applies, and provide a reason for each open if at least 12-hours advance notice
The Unfunded Mandates Reform Act suggestion or recommendation. is given.
of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit * * * * *
Federal agencies to assess the effects of comments through the Federal Dated: April 21, 2016.
their discretionary regulatory actions. In eRulemaking Portal at http:// J.K. Little,
particular, the Act addresses actions www.regulations.gov. If your material
Captain, U.S. Coast Guard, Commander,
that may result in the expenditure by a cannot be submitted using http:// Ninth Coast Guard District, Acting.
State, local, or tribal government, in the www.regulations.gov, contact the person
[FR Doc. 2016–10566 Filed 5–5–16; 8:45 am]
aggregate, or by the private sector of in the FOR FURTHER INFORMATION
BILLING CODE 9110–04–P
$100,000,000 (adjusted for inflation) or CONTACT section of this document for
more in any one year. Though this alternate instructions.
proposed rule will not result in such an We accept anonymous comments. All
expenditure, we do discuss the effects of comments received will be posted DEPARTMENT OF EDUCATION
this proposed rule elsewhere in this without change to http://
34 CFR Chapter III
preamble. www.regulations.gov and will include
any personal information you have [Docket ID ED–2016–OSERS–0018; CFDA
F. Environment provided. For more about privacy and Number: 84.160D.]
We have analyzed this proposed rule the docket, you may review a Privacy
under Department of Homeland Act notice regarding the Federal Docket Proposed Priority—Training of
Security Management Directive 023–01 Management System in the March 24, Interpreters for Individuals Who Are
and Commandant Instruction 2005, issue of the Federal Register (70 Deaf or Hard of Hearing and
M16475.lD, which guides the Coast FR 15086). Individuals Who Are Deaf-Blind
Guard in complying with the National Documents mentioned in this notice, Program
Lhorne on DSK30JT082PROD with PROPOSALS
Environmental Policy Act of 1969 and all public comments, are in our AGENCY: Office of Special Education and
(NEPA) (42 U.S.C. 4321–4370f), and online docket at http:// Rehabilitative Services, Department of
have made a preliminary determination www.regulations.gov and can be viewed Education.
that this action is one of a category of by following that Web site’s ACTION: Proposed priority.
actions which do not individually or instructions. Additionally, if you go to
cumulatively have a significant effect on the online docket and sign up for email SUMMARY: The Assistant Secretary for
the human environment. This proposed alerts, you will be notified when Special Education and Rehabilitative
VerDate Sep<11>2014 18:05 May 05, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM 06MYP1](https://thefederalregister.org/doc/81_FR_27463/page/1.svg)
![Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Proposed Rules 27381
administering the Department’s at: www.gpo.gov/fdsys. At this site you DATES: The comment period is open-
programs and activities. can view this document, as well as all ended, and comments will be accepted
Through this priority, working other documents of this Department on an ongoing basis.
interpreters will receive training in a published in the Federal Register, in ADDRESSES: Comments must be sent by
specialty area in order to better meet the text or Portable Document Format electronic mail message over the
communication needs of individuals (PDF). To use PDF you must have Internet addressed to: 2014_interim_
who are deaf, including consumers of Adobe Acrobat Reader, which is guidance@uspto.gov. Electronic
VR. The training ultimately will available free at the site. You may also comments submitted in plain text are
improve the quality of VR services and access documents of the Department preferred, but also may be submitted in
the competitive integrated employment published in the Federal Register by ADOBE® portable document format or
outcomes achieved by individuals with using the article search feature at: MICROSOFT WORD® format. The
disabilities. This priority would www.federalregister.gov. Specifically, comments will be available for viewing
promote the efficient and effective use through the advanced search feature at via the Office’s Internet Web site (http://
of Federal funds. this site, you can limit your search to www.uspto.gov). Because comments will
Paperwork Reduction Act of 1995 documents published by the be made available for public inspection,
Department. information that the submitter does not
As part of its continuing effort to
reduce paperwork and respondent Dated: May 3, 2016. desire to make public, such as an
burden, the Department provides the Michael K. Yudin, address or phone number, should not be
general public and Federal agencies Assistant Secretary for Special Education and included in the comments.
with an opportunity to comment on Rehabilitative Services. FOR FURTHER INFORMATION CONTACT:
proposed and continuing collections of [FR Doc. 2016–10718 Filed 5–5–16; 8:45 am] Regarding the examiner memorandum,
information in accordance with the BILLING CODE 4000–01–P contact Matthew Sked, by telephone at
Paperwork Reduction Act of 1995 (PRA) 571–272–7627, or Carolyn Kosowski, by
(44 U.S.C. 3506(c)(2)(A)). This helps telephone at 571–272–7688, both at the
ensure that: The public understands the DEPARTMENT OF COMMERCE Office of Patent Legal Administration.
Department’s collection instructions, Regarding the life science examples,
respondents can provide the requested United States Patent and Trademark contact June Cohan, by telephone at
data in the desired format, reporting Office 571–272–7744, Ali Salimi, by telephone
burden (time and financial resources) is at 571–272–0909, or Raul Tamayo, by
minimized, collection instruments are 37 CFR Part 1 telephone at 571–272–7728, all at the
clearly understood, and the Department [Docket No.: PTO–P–2016–0003] Office of Patent Legal Administration.
can properly assess the impact of
SUPPLEMENTARY INFORMATION: On July
collection requirements on respondents. May 2016 Subject Matter Eligibility 30, 2015, the USPTO issued the July
This proposed priority contains Update 2015 Update to provide further
information collection requirements that
AGENCY: United States Patent and guidance on subject matter eligibility in
are approved by OMB under the
Trademark Office, Commerce. view of public comments received in
National Interpreter Education program
ACTION: Request for comments.
response to the 2014 Interim Guidance
1820–0018; this proposed regulation
on Patent Subject Matter Eligibility. An
does not affect the currently approved
SUMMARY: The United States Patent and announcement was published in the
data collection.
Intergovernmental Review: This Trademark Office (USPTO) issued the Federal Register seeking public
program is subject to Executive Order July 2015 Update: Subject Matter comment on the July 2015 Update. See
12372 and the regulations in 34 CFR Eligibility (July 2015 Update) to provide July 2015 Update on Subject Matter
part 79. One of the objectives of the further guidance to examiners in Eligibility, 80 FR 45429 (July 30, 2015).
Executive order is to foster an determining subject matter eligibility In response, the USPTO received a
intergovernmental partnership and a under 35 U.S.C. 101. The USPTO total of thirty-seven submissions from
strengthened federalism. The Executive announced the July 2015 Update in the the public, which have been carefully
order relies on processes developed by Federal Register, and sought public considered by the USPTO. The USPTO
State and local governments for comment on the July 2015 Update. The has issued a memorandum to the Patent
coordination and review of proposed USPTO has since issued a memorandum Examining Corps titled ‘‘Formulating a
Federal financial assistance. to the Patent Examining Corps titled Subject Matter Eligibility Rejection and
This document provides early ‘‘Formulating a Subject Matter Evaluating the Applicant’s Response to
notification of our specific plans and Eligibility Rejection and Evaluating the a Subject Matter Eligibility Rejection’’ to
actions for this program. Applicant’s Response to a Subject improve examiner correspondence
Accessible Format: Individuals with Matter Eligibility Rejection’’ in response regarding subject matter eligibility
disabilities can obtain this document in to those public comments, which is rejections. A copy of the memorandum
an accessible format (e.g., braille, large available to the public on the USPTO’s is available on the USPTO’s Internet
print, audiotape, or compact disc) on Internet Web site. The memorandum Web site, on the patent examination
request to the program contact person seeks to improve examiner guidance and training materials Web
listed under FOR FURTHER INFORMATION correspondence with regard to subject page (http://www.uspto.gov/patent/
CONTACT. matter eligibility rejections. Further, laws-and-regulations/examination-
Lhorne on DSK30JT082PROD with PROPOSALS
Electronic Access to This Document: additional life science examples to policy/examination-guidance-and-
The official version of this document is assist examiners in making eligibility training-materials). In particular, the
the document published in the Federal determinations have been published memorandum provides guidance to
Register. Free Internet access to the and are available on the USPTO’s examiners on (1) formulating a subject
official edition of the Federal Register Internet Web site. The USPTO is now matter eligibility rejection; and (2)
and the Code of Federal Regulations is seeking public comment on subject evaluating a response to a subject matter
available via the Federal Digital System matter eligibility on an on-going basis. eligibility rejection.
VerDate Sep<11>2014 13:57 May 05, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM 06MYP1](https://thefederalregister.org/doc/81_FR_27463/page/7.svg)
Document Created: 2016-05-06 00:29:22
Document Modified: 2016-05-06 00:29:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed priority. | |
| Dates | We must receive your comments on or before June 6, 2016. | |
| Contact | Kristen Rhinehart-Fernandez. Telephone: (202) 245-6103 or by email: [email protected] | |
| FR Citation | 81 FR 27375 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR