Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules 79279 

for quality case studies in addition to 

those already being conducted by 

OPQA. The USPTO will use the results 

of the studies to improve its 

understanding of the quality of its work 

products and, where appropriate, to take 

action to remediate quality issues or to 

formulate best practices to further 

enhance quality. For example, if a case 

study reveals a training issue, the 

USPTO will develop and deliver the 

appropriate training. 

This pilot program will help the 

USPTO determine the usefulness of this 

manner of public submission for case 

study topics as compared to currentlyexisting methods, such as public fora 

and external quality surveys. In 

addition, this pilot program will allow 

the USPTO to communicate to the 

public the case studies determined to be 

useful and the results of those studies. 

IV. Example of a Topic Submission 

The following example is provided to 

assist the public in providing highquality submissions that best 

communicate a focused case study topic 

for consideration: 

Title: ‘‘Pre-first action interviews and 

quality of the resulting patent 

prosecution.’’ 

Proposal for study: ‘‘Pre-first action 

interviews result in a shorter time-toissuance in such applications that are 

issued as patents.’’ 

Explanation: In my experience as a 

patent practitioner, interviews with 

examiners lead to better understanding 

of the claimed invention by both parties. 

In particular, interviews can reveal that 

the parties are operating under differing 

understandings of the scope of the 

claims, the meaning of a claim term, or 

interpretation of a teaching of the prior 

art. When performed early in 

prosecution, these can provide the 

opportunity to resolve such differences 

before the mutual misunderstanding or 

miscommunication results in extended 

prosecution. This permits more efficient 

examination as reflected by a shorter 

prosecution time for those applications 

that eventually mature into patents. 

These efficiency gains are most 

noticeable after April 1, 2011, when the 

Full First Action Interview Pilot 

Program went into effect. The USPTO 

should study what effect an interview 

before the first action on the merits in 

a new application has on time-toallowance in applications that are 

eventually issued as patents, and if 

there are any particular features of the 

interview that strongly correlate with 

the time-to-allowance. Discovery of 

such correlations could lead to USPTO 

process changes or changes in 

applicants’ approach to prosecution that 

could improve the overall efficiency and 

effectiveness of patent prosecution. 

Dated: December 15, 2015. 

Michelle K. Lee, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2015–31897 Filed 12–18–15; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0497; FRL–9940–17– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; Control 

of Air Pollution From Nitrogen 

Compounds State Implementation Plan 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

revisions to the State Implementation 

Plan (SIP) submitted by the State of 

Texas through the Texas Commission on 

Environmental Quality (TCEQ) on July 

10, 2015. The Texas SIP submission 

revises 30 Texas Administrative Code 

(TAC) Chapter 117 rules for control of 

nitrogen compounds to assist the DallasFort Worth (DFW) moderate 

nonattainment area (NAA) in attaining 

the 2008 eight-hour ozone (O3) National 

Ambient Air Quality Standards 

(NAAQS). 

DATES: Written comments must be 

received on or before January 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0497, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Branch (6MM– 

AA), Environmental Protection Agency, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. 

Instructions: Direct comments to 

Docket No. EPA–R06–OAR–2015–0497. 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change and made 

available online at www.regulations.gov. 

The EPA includes any personal 

information provided, unless a 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit any information 

electronically that is considered CBI or 

any other information whose disclosure 

is restricted by statute. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know one’s 

identity or contact information unless it 

is provided in the body of a comment. 

If a comment is emailed directly to the 

EPA without going through 

www.regulations.gov, then the sender’s 

email address will automatically be 

captured and included as part of the 

public docket comment and made 

available on the Internet. If a comment 

is submitted electronically, then the 

EPA recommends that one’s name and 

other contact information be included in 

the body of the comment, and with any 

disk or CD–ROM submitted. If the EPA 

cannot read a particular comment due to 

technical difficulties and is unable to 

contact for clarification, the EPA may 

not be able to consider the comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. Multimedia submissions (audio, 

video, etc.) must be accompanied by a 

written comment. The written comment 

will be considered the official comment 

with multimedia submissions and 

should include all discussion points 

desired. The EPA will generally not 

consider a comment or its contents 

submitted outside of the primary 

submission (i.e. on the Web, cloud, or 

other file sharing system). For 

additional information on submitting 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

James E. Grady, (214) 665–6745; 

grady.james@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Mr. Grady or Mr. Bill 

Deese at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ means ‘‘the EPA.’’ 

Table of Contents 

I. Background on DFW 2008 Eight-Hour O3

NAA Designation and Classification 


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1See 77 FR 30160 ‘‘Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

Nonattainment Area Classifications Approach, 

Attainment Deadlines and Revocation of the 1997 

Ozone Standards for Transportation Conformity 

Purposes.’’ 2See 77 FR 30088, ‘‘Air Quality Designations for 

the 2008 Ozone National Ambient Air Quality 

Standards.’’ 

3The air quality design value for the 8-hour 

ozone NAAQS is the three-year average of the 

annual fourth highest daily maximum eight-hour 

average ozone concentration. See 40 CFR part 50, 

appendix I. 4 In pursuant to the United States Court of 

Appeals for the District of Columbia Circuit ruling 

in favor of the EPA’s inclusion of Wise County in 

the DFW 2008 eight-hour ozone nonattainment area 

as lawful (see USCA Case #12–1309). 5The EPA is not making a determination that the 

TCEQ rules included in these revisions will meet 

the RACT requirements of the CAA section 182(b) 

for the 2008 O3 NAAQS. The EPA will make that 

review in a separate action. The EPA is only finding 

that these rule changes will strengthen the SIP by 

achieving NOX reductions in the DFW NAA. 

6See 73 FR 73562. 

7This is not an exhaustive list of changes to the 

30 TAC Chapter 117 rules. For a complete summary 

of all Chapter 117 sections associated with this SIP 

revision, please refer to the Technical Support 

Document (TSD), ‘‘30 Texas Administrative Code 

(TAC) Chapter 117 Control of Air Pollution from 

Nitrogen Compounds,’’ a copy of which is posted 

in the docket of this proposal. 

II. Background on Chapter 117 Proposed Rule 

Revisions 

III. Evaluation of Texas’ Proposed Chapter 

117 NOX Control SIP 

IV. The EPA’s Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background on DFW 2008 Eight-Hour 

O3 NAA Designation and Classification 

On March 27, 2008, the EPA revised 

the primary and secondary O3 standard 

to a level of 75 parts per billion (ppb). 

Promulgation of a NAAQS triggers a 

requirement for the EPA to designate 

areas as nonattainment, attainment, or 

unclassifiable, and to classify the NAAs 

at the time of designation. 

On May 21, 2012, the EPA established 

initial area designations for most areas 

of the country with respect to the 2008 

primary and secondary eight-hour O3

NAAQS. The EPA published two rules 

addressing final implementation 1 and 

air quality designations.2 The 

implementation rule established 

classifications, associated attainment 

deadlines, and revoked the 1997 O3

standards for transportation conformity 

purposes. The designation rule finalized 

the NAA boundaries for areas that did 

not meet the 75 ppb standard. 

Furthermore, the finalized boundaries 

were classified according to the severity 

of their O3 air quality problems as 

determined by each area’s design 

value.3 The O3 classification categories 

were defined as Marginal, Moderate, 

Serious, Severe, or Extreme. 

Effective July 20, 2012, the DFW 2008 

eight-hour O3 NAA was classified as 

moderate, consisting of ten counties: 

Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall, Tarrant, 

and Wise County. With the exception of 

Wise County, all of these counties were 

designated as nonattainment with a 

serious classification under the 1997 O3

standard. Although the NAA was most 

recently classified as moderate, the first 

nine counties are still required to meet 

their more stringent serious 

classification requirements previously 

designated under the 1997 O3 standard. 

Wise County, however, is required to 

meet the moderate classification 

requirements since it is newly 

designated as nonattainment for the 

DFW area.4 Previously, Wise County 

was classified as an attainment area and 

was exempt from the O3 NAA 

requirements under the 1997 eight-hour 

O3 standard. 

States are required to adopt control 

measures that implement Reasonably 

Available Control Technology (RACT) 

on major sources of NOX emissions.5

The major source emission threshold 

level for the first nine counties (Collin, 

Dallas, Denton, Ellis, Johnson, Kaufman, 

Parker, Rockwall, and Tarrant) remains 

at a potential to emit (PTE) of fifty tons 

per year (tpy) NOX based on its serious 

classification under the 1997 standard. 

Wise County major source threshold is 

100 tpy NOX based on the moderate 

classification requirement. 

II. Background on Chapter 117 

Proposed Rule Revisions 

On July 10, 2015 the EPA received, 

the TCEQ submitted rule revisions to 30 

TAC, Chapter 117 ‘‘Control of Air 

Pollution from Nitrogen Compounds.’’ 

The State revised Chapter 117 for all 

major sources of NOX in the 2008 DFW 

O3 NAA for the implementation of 

RACT requirements in all counties as 

required by CAA, section 172(c)(1) and 

section 182(f). The state previously 

adopted Chapter 117 NOX rules for 

sources in the DFW area as part of the 

SIP submitted on May 30, 2007, for the 

1997 eight-hour O3 standard. The EPA 

approved those rules on December 8, 

2008.6 The scope of the Chapter 117 

rule revisions implement the 

following: 7

• Add NOX emission limits and 

control requirements to major sources in 

newly designated Wise County. 

• Revoke an exemption for utility 

turbines and auxiliary steam boilers 

installed after November 15, 1992 in the 

DFW area; 

• Provide compliance flexibility to 

affected units in all areas covered by 

Chapter 117 for owners or operators of 

boilers and process heaters used on a 

temporary basis (<60 calendar days); 

• Repeal certain major source 

industrial rules and utility rules for the 

DFW area that are now obsolete due to 

the passing of compliance dates; 

• Add compliance schedules for the 

new or revised RACT rules and add 

compliance dates for sources that 

become subject to these rules after the 

initial compliance date; 

• Add definitions to reflect the 

change in attainment status of Wise 

County; 

• Implement work practice standards 

or operating requirements 

• Update associated monitoring, 

recordkeeping, and reporting 

requirements 

• Establish exemptions 

Table 2 contains a list of the sections 

of Chapter 117 with adopted 

subchapters, divisions, and key sections 

with modifications associated with the 

July 10, 2015 DFW 2008 eight-hour O3

SIP submittal. 

TABLE 2—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR MODIFICATION

Description Section 

Subchapter A: Definitions ......................................................................... 117.10. 

Subchapter B, Division 4, DFW Eight-Hour O3 NAA Major Sources ...... 117.400, 117.403, 117.410, 117.423, 117.425, 117.430, 117.435, 

117.440, 117.445, 117.450, 117.454, and 117.456. 

Subchapter C, Division 4, DFW Eight-Hour O3 NAA Utility Electric Generation Sources.117.1303, 117.1310, 117.1325, 117.1335, 117.1340, 117.1345, 

117.1350, and 117.1354. 

Subchapter G, Division 1, General Monitoring and Testing Requirements.117.8000 

Subchapter H, Division 1, Compliance Schedules and Division 2, Compliance Flexibility.117.9030 and 117.9130, 117.9800 and 117.9810. 


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Table 3 contains a list of the sections 

of Chapter 117 with adopted 

subchapters, divisions, and key sections 

with new requirements associated with 

the July 10, 2015 DFW 2008 eight-hour 

O3 SIP submittal. 

TABLE 3—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED NEW

Description Section 

Subchapter B, Division 4, DFW Eight-Hour O3 NAA Major Sources ...... 117.405, 117.452. 

Per TCEQ’s request, the following 

sections listed in Table 4 below will not 

become a part of the EPA-approved 

Texas SIP. These rules pertain mainly to 

the control of carbon monoxide and 

ammonia emissions, which are not O3

precursors and, therefore, not necessary 

components of the DFW SIP. The EPA 

concurs that these rules can remain 

outside of the SIP. 

TABLE 4—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 NOT IN TEXAS SIP 

Description Sections 

Previously excluded and the TCEQ continues to ask that these remain 

outside the SIP.

117.210(c), 117.225, 117.410(d), 117.425, 117.1110(b), 117.1125, 

117.1310(b), and 117.1325. 

Adopted new and will not be submitted as a SIP revision ...................... 117.405(d). 

Table 5 contains subchapters, 

divisions, and key sections proposed for 

repeal from the SIP by the TCEQ. The 

TCEQ adopts the repeal of existing 

Subchapters B and C in Division 2 as 

well as sections 117.9010 and 117.9110 

of Subchapter H in Division 1 because 

compliance dates for sources of NOX

subject to these have passed and are 

now considered obsolete. Furthermore, 

sources previously subject are now 

required to comply with more stringent 

rules in existing Subchapter B and C, 

Division 4 and in revised sections 

117.9030, 117.9130. 

TABLE 5—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR REPEAL

Description Section 

Subchapter B, Division 2, DFW O3 NAA Major Sources ......................... 117.200, 117.203, 117.205, 117.210, 117.215, 117.223, 117.225, 

117.230, 117.235, 117.240, 117.245, 117.252, 117.254, 117.256. 

Subchapter C, Division 2, DFW O3 NAA Utility Electric Generation 

Sources.

117.1100, 117.1103, 117.1105, 117.1110, 117.1115, 117.1120, 

117.1125, 117.1135, 117.1140, 117.1145, 117.1152, 117.1154, 

117.1156. 

Subchapter H, Division 1, Compliance Schedules .................................. 117.9010, 117.9110. 

A complete summary along with all 

non-substantive changes pertaining to 

reformatting, restructuring, 

reorganizing, and administrative 

revisions will be referenced in the 

Technical Support Document (TSD), 

‘‘30 Texas Administrative Code (TAC) 

Chapter 117 Control of Air Pollution 

from Nitrogen Compounds,’’ a copy of 

which is posted in the docket of this 

proposal. 

III. Evaluation of Texas’ Proposed 

Chapter 117 NOX Control SIP 

Please refer to Table 6 for a list of 

NOX emissions specifications for major 

sources in newly designated Wise 

County. The new NOX emission limits 

will assure that each source listed will 

not exceed the 75 ppb O3 NAAQS 

standard. 

TABLE 6—NOX EMISSION LIMITS FOR 2008 DFW 8-HOUR O3 NAA FOR MAJOR SOURCES IN WISE COUNTY

Source Type Capacity NOX Limit Citation 

Process Heaters ........ ................................... Max Rated Capacity ≥40 MMBtu/hr ............. 0.10 lb/MMBtu; .......... 117.405(b)(1). 

An option ...................................................... or 82 ppmv NOX at 

3% O2 dry basis.

117.405(b)(1). 

Stationary, Reciprocating Internal 

Combustion Engines.

Gas-Fired Rich-Burn

Gas-Fired Lean-Burn 

.......................................................................

White Superior four-cycle units that have 

been placed into service, modified, reconstructed, or relocated before June 1, 

2015.

0.50 g/hp-hr ..............

12.0 g/hp-hr ..............

117.405(b)(2)(A). 

117.405(b)(2)(B)(i)(I). 

White Superior four-cycle units that have 

been placed into service, modified, reconstructed, or relocated on or after June 1, 

2015.

2.0 g/hp-hr ................ 117.405(b)(2)(B)(i)(II). 

Clark two-cycle units that have been placed 

into service, modified, reconstructed, or 

relocated before June 1, 2015.

12.0 g/hp-hr .............. 117.405(b)(2)(B)(ii)(I). 


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TABLE 6—NOX EMISSION LIMITS FOR 2008 DFW 8-HOUR O3 NAA FOR MAJOR SOURCES IN WISE COUNTY—Continued 

Source Type Capacity NOX Limit Citation 

Clark two-cycle units that have been placed 

into service, modified, reconstructed, or 

relocated on or after June 1, 2015.

2.0 g/hp-hr ................ 117.405(b)(2)(B)(ii)(II). 

Fairbanks Morse MEP two-cycle units that 

have been placed into service, modified, 

reconstructed, or relocated before June 

1, 2015.

4.0 g/hp-hr ................ 117.405(b)(2)(B)(iii)(I). 

Fairbanks Morse MEP two-cycle units that 

have been placed into service, modified, 

reconstructed, or relocated on or after 

June 1, 2015.

2.0 g/hp-hr ................ 117.405(b)(2)(B)(iii)(II). 

All others ...................................................... 2.0 g/hp-hr ................ 117.405(b)(2)(B)(iv). 

Turbines .................... Stationary Gas .......... hp rating ≤10,000 hp ....................................

hp rating ≥10,000 hp ....................................

0.55 lb/MMBtu ...........

0.15 lb/MMBtu ...........

117.405(b)(3)(A). 

117.405(b)(3)(B). 

Various controls for each major source 

in Wise County are needed to achieve 

the required NOX limits. Process heaters 

are expected to achieve compliance after 

installing dry low-NOX combustors with 

the proposed 0.10 lb/MMBtu emission 

specification. Gas-fired, rich-burn, 

combustion engines are anticipated to 

reach compliance using nonselective 

catalytic reduction (NSCR) as primary 

control technology with air-to-fuel ratio 

regulators. The addition of a secondary 

catalyst module may be required to meet 

the proposed emission specification of 

0.50 g/hp-hr, for gas-fired, lean-burn, 

combustion engines. All other lean-burn 

engines are estimated to reach 

compliance after combustion 

modifications with the proposed 2.0 g/ 

hp-hr emission specification. New gasfired, lean-burn engines can meet the 

proposed2.0 g/hp-hr standard without 

modification or installation of 

additional controls. 

It is estimated that the adopted rules 

will reduce the amount of NOX in the 

DFW area by 1.17 tons per day (tpd). 

The resulting emission reductions will 

assist Texas in demonstrating 

attainment of the eight-hour O3 standard 

within the DFW NAA. As a result, the 

EPA is proposing to approve the NOX

emission requirements for affected 

major sources in the DFW NAA. 

IV. The EPAs Proposed Action 

The EPA is proposing to approve the 

submitted TAC Chapter 117 SIP 

revisions into the SIP because they will 

assist the DFW area into attainment 

under the 2008 8-Hour O3 NAAQS by 

keeping each emissions source below 75 

ppb. The EPA is proposing to approve 

all amended, repealed, and new sections 

of Chapter 117 that are being submitted 

as part of this SIP revision. The EPA is 

not making a determination that the 

TCEQ rules included in these revisions 

will meet the RACT requirements of the 

CAA § 182(b) for the 2008 O3 NAAQS. 

The EPA will make that review in a 

separate action. The EPA is only finding 

that these rule changes will strengthen 

the SIP by achieving NOX reductions in 

the DFW NAA. 

V. Incorporation by Reference 

In this action, the EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

revisions to the Texas regulations as 

described in the Proposed Action 

section above. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 6 office. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that states meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Reasonably available 

control technology, Reporting and 


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recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 8, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–31662 Filed 12–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 1330 

RIN 0985–AA12 

National Institute on Disability, 

Independent Living, and Rehabilitation 

Research 

AGENCY: National Institute on Disability, 

Independent Living, and Rehabilitation 

Research; Administration for 

Community Living; HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement the Workforce Innovation 

and Opportunity Act of 2014 and reflect 

the transfer of the National Institute on 

Disability, Independent Living, and 

Rehabilitation Research (NIDILRR) from 

the Department of Education to the 

Department of Health and Human 

Services. The previous regulations were 

issued by the Department of Education. 

The rulemaking will consolidate the 

NIDILRR regulations into a single part, 

align the regulations with the current 

statute and HHS policies, and will 

provide guidance to NIDILRR grantees. 

DATES: Comments are due on or before 

February 19, 2016. 

ADDRESSES: You may submit comments 

in one of following ways (no duplicates, 

please): Written comments may be 

submitted through any of the methods 

specified below. Please do not submit 

duplicate comments. 

• Federal eRulemaking Portal: You 

may (and we encourage you to) submit 

electronic comments on this regulation 

at http://www.regulations.gov. Follow 

the instructions under the ‘‘submit a 

comment’’ tab. Attachments should be 

in Microsoft Word, WordPerfect, or 

Excel; however, we prefer Microsoft 

Word. 

• Regular, Express, or Overnight Mail: 

You may mail written comments to the 

following address only: Administration 

for Community Living, Attention: 

NIDILRR NPRM, U.S. Department of 

Health and Human Services, 

Washington, DC 20201. Please allow 

sufficient time for mailed comments to 

be received before the close of the 

comment period. 

• Individuals with a Disability: We 

will provide an appropriate 

accommodation, including alternative 

formats, upon request. To make such a 

request, please contact Marlina MosesGaither, (202) 795–7409 (Voice) or at 

marlina.moses-gaither@acl.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: Greg 

Pugh, Administration for Community 

Living, telephone (202) 795–7422 

(Voice). This is not a toll-free number. 

This document will be made available 

in alternative formats upon request. 

SUPPLEMENTARY INFORMATION: 

I. Workforce Innovation and 

Opportunity Act of 2014 

The Workforce Innovation and 

Opportunity Act of 2014 (‘‘WIOA,’’ Pub. 

L. 113–128), signed into law on July 22, 

2014, included significant changes to 

Title II of the Rehabilitation Act of 1973. 

The first of these is the insertion of a 

new name, the National Institute on 

Disability, Independent Living, and 

Rehabilitation Research (‘‘NIDILRR,’’ 

which was previously the National 

Institute on Disability and 

Rehabilitation Research). WIOA also 

relocates NIDILRR from the Department 

of Education (‘‘ED’’) to the 

Administration for Community Living 

(‘‘ACL’’) of the Department of Health 

and Human Services. 

II. Programs Authorized by Title II of 

the Rehabilitation Act of 1973, as 

Amended by WIOA 

A. Disability, Independent Living, and 

Rehabilitation Research Projects and 

Centers 

The purpose of the Disability and 

Rehabilitation Research Projects and 

Centers program is to plan and conduct 

research, development, demonstrations, 

training, dissemination, and related 

activities, including international 

activities, to maximize the full inclusion 

and integration into society, 

employment, independent living, family 

support, and economic and social selfsufficiency of individuals with 

disabilities, especially individuals with 

the most severe disabilities, and 

improve the effectiveness of services 

authorized under the Rehabilitation Act 

of 1973, 29 U.S.C. 701 et seq. 

To this end, NIDILRR provides grants 

to establish and support: 

• Disability, Independent Living, and 

Rehabilitation Research Projects; 

• Field Initiated Projects; 

• Advanced Rehabilitation Research 

Training Projects; 

• Rehabilitation Research and 

Training Centers; and 

• Rehabilitation Engineering Research 

Centers. 

Eligible entities for awards under this 

program include States, public or 

private agencies and organizations, 

institutions of higher education, and 

Indian tribes and tribal organizations. 

B. Research Fellowships 

The purpose of the Research 

Fellowships program is to build 

research capacity by providing support 

to highly qualified individuals, 

including those who are individuals 

with disabilities, to perform research on 

rehabilitation and independent living of 

individuals with disabilities. Any 

individual is eligible for assistance 

under this program who has training 

and experience that indicate a potential 

for engaging in scientific research 

related to the solution of rehabilitation 

problems of individuals with 

disabilities. The program provides 

grants to support two categories of 

Fellowships: Distinguished Fellowships 

(for those with seven or more years of 

relevant research experience) and Merit 

Fellowships (for individuals in earlier 

stages of their careers in research). 

C. Special Projects and Demonstrations 

for Spinal Cord Injuries 

The Special Projects and 

Demonstrations for Spinal Cord Injuries 

program provides assistance to establish 

innovative projects for the delivery, 

demonstration, and evaluation of 

comprehensive medical, vocational, and 

other rehabilitation services to meet the 

wide range of needs, including 

independent living, of individuals with 

spinal cord injuries. The entities eligible 

for an award under these Projects and 

Demonstrations are the same as for 

Disability and Rehabilitation Research 

Projects and Centers. 

III. Discussion of Proposed Rule 

Department of Education regulations 

governing the National Institute on 

Disability and Rehabilitation Research 

are found at 34 CFR parts 350, 356, and 

359. Part 350 sets forth regulations 

addressing the Disability and 

Rehabilitation Research Projects and 

Centers Program; part 356 sets forth 

regulations addressing Disability and 

Rehabilitation Research Fellowships; 

and part 359 sets forth regulations 

addressing Special Projects and 

Demonstrations for Spinal Cord Injuries. 

ACL proposes to streamline the 

NIDILRR regulations and to consolidate 

them into one part, 45 CFR part 1330. 

In our regulations, we propose to 

eliminate regulatory language included 

in the corresponding ED regulations that 

does not add further interpretation to 

the statutory language. We also propose 

to eliminate unnecessary regulatory 


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