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

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technology subject 

to the EAR (see § 123.1(b) of this subchapter). 

Dated: June 3, 2015. 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2015–14472 Filed 6–16–15; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2015–OSERS–0069] 

Proposed Priority—Rehabilitation 

Training: Vocational Rehabilitation 

Workforce Innovation Technical 

Assistance Center 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Proposed priority. 

[CFDA Number: 84.264G.] 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a priority to establish 

the Workforce Innovation Technical 

Assistance Center. The Assistant 

Secretary may use this priority for 

competitions in fiscal year (FY) 2015 

and later years. We take this action to 

provide training and technical 

assistance (TA) to State vocational 

rehabilitation (VR) agencies to improve 

services under the State Vocational 

Rehabilitation Services program (VR 

program) and State Supported 

Employment Services program for 

individuals with disabilities, including 

those with the most significant 

disabilities, and to implement changes 

to the Rehabilitation Act of 1973, as 

amended by the Workforce Innovation 

and Opportunity Act (WIOA), signed 

into law on July 22, 2014. 

DATES: We must receive your comments 

on or before July 17, 2015. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to the site?’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about the proposed 

priority, address them to Jerry Elliott, 

U.S. Department of Education, 400 

Maryland Avenue SW., Room 5042, 

Potomac Center Plaza (PCP), 

Washington, DC 20202–2800. 

Privacy Note: The Department’s 

policy is to make all comments received 

from members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Elliott. Telephone: (202) 245–7335 or by 

email: jerry.elliott@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding this 

notice. To ensure that your comments 

have maximum effect in developing the 

notice of final priority, we urge you to 

identify clearly the specific section of 

the proposed priority that each 

comment addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 12866 

and 13563 and their overall requirement 

of reducing regulatory burden that 

might result from this proposed priority. 

Please let us know of any further ways 

we could reduce potential costs or 

increase potential benefits while 

preserving the effective and efficient 

administration of the program. 

During and after the comment period, 

you may inspect all public comments 

about this notice by accessing 

Regulations.gov. You may also inspect 

the comments in person in Room 5021, 

550 12th Street SW., PCP, Washington, 

DC, 20202–2800, between the hours of 

8:30 a.m. and 4:00 p.m., Washington, 

DC time, Monday through Friday of 

each week except Federal holidays. 

Please contact the person listed under 

FOR FURTHER INFORMATION CONTACT. 

Assistance to Individuals with 

Disabilities in Reviewing the 

Rulemaking Record: On request we will 

provide an appropriate accommodation 

or auxiliary aid to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for this notice. If you want to 

schedule an appointment for this type of 

accommodation or auxiliary aid, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

Purpose of Program: Under the 

Rehabilitation Act of 1973 

(Rehabilitation Act), as amended by 

WIOA, the Rehabilitation Services 

Administration (RSA) makes grants to 

States and public or nonprofit agencies 

and organizations (including 

institutions of higher education) to 

support projects that provide training, 

traineeships, and TA designed to 

increase the numbers of, and improve 

the skills of, qualified personnel 

(especially rehabilitation counselors) 

who are trained to provide vocational, 

medical, social, and psychological 

rehabilitation services to individuals 

with disabilities; assist individuals with 

communication and related disorders; 

and provide other services authorized 

under the Rehabilitation Act. 

Program Authority: 29 U.S.C. 772(a)(1). 

Proposed Priority: 

This notice contains one proposed 

priority. 

Workforce Innovation Technical 

Assistance Center. Background: 

WIOA supersedes the Workforce 

Investment Act of 1998 and amends the 

Rehabilitation Act, making major 

changes that affect the management and 

performance of the VR program and 

Supported Employment program. 

Among the changes are: (a) A 

requirement that States reserve at least 

15 percent of their Federal VR allotment 

for providing or arranging for the 

provision of pre-employment transition 

services to students with disabilities; (b) 

a requirement that States reserve at least 

50 percent of their Federal Supported 

Employment allotment for the provision 

of supported employment services, 

including extended services, to youth 

with the most significant disabilities; (c) 

a requirement that States provide a 10 

percent non-Federal share to match the 

50 percent of Supported Employment 

allotment reserved for the provision of 

supported employment services to 

youth with the most significant 

disabilities; (d) a requirement that VR 

agencies provide documentation of the 

completion of certain specified 

activities to individuals with 

disabilities, including youth with 

disabilities, seeking or wanting to 

maintain employment at a subminimum 

wage; (e) a heightened emphasis on the 

achievement of competitive integrated 

employment by individuals with 

disabilities; (f) enhanced coordination 


srobinson on DSK5SPTVN1PROD with PROPOSALS
34580 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 

1For the purposes of this priority, ‘‘intensive, 

sustained technical assistance’’ means TA services 

often provided on-site and requiring a stable, 

ongoing relationship between the TA center staff 

and the TA recipient. ‘‘Technical assistance 

services’’ are defined as negotiated series of 

activities designed to reach a valued outcome. This 

category of TA should result in changes to policy, 

program, practice, or operations that support 

increased recipient capacity or improved outcomes 

at one or more systems levels. 

and integration of the VR program with 

other core programs of the workforce 

development system; and (g) new 

common performance accountability 

requirements for all core programs of 

the workforce development system, 

including the State VR program. 

While some of these changes affect 

documentation or reporting 

requirements, others represent 

significant changes in the management 

and operation of the State VR program 

and the Supported Employment 

program. As such, RSA believes that it 

is appropriate to provide training and 

TA on the new statutory requirements 

imposed by WIOA. 

RSA believes that a dedicated TA 

center would help collect and 

disseminate information about relevant 

existing, emerging, and evidence-based 

practices; assist in developing and 

disseminating new approaches and 

practices; and coordinate and share 

activities and approaches related to 

implementation of WIOA in the topic 

areas for this priority so that States have 

the benefit of learning from each other 

as WIOA implementation proceeds. 

Proposed Priority: 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

proposes a priority to establish a 

cooperative agreement to create a 

Workforce Innovation Technical 

Assistance Center (WITAC) to assist VR 

agencies in implementing changes 

affecting the State Vocational 

Rehabilitation Services and State 

Supported Employment Services 

programs under WIOA, and to achieve, 

at a minimum, the following outcomes: 

(a) Implementation of effective and 

efficient ‘‘pre-employment transition 

services’’ for students with disabilities, 

as set forth in section 113 of the 

Rehabilitation Act; 

(b) Implementation by State VR 

agencies, in coordination with local and 

State educational agencies and with the 

Department of Labor, of the 

requirements in section 511 of the 

Rehabilitation Act that are under the 

purview of the Department of 

Education; 

(c) Increased access to supported 

employment and customized 

employment services for individuals 

with the most significant disabilities, 

including youth with the most 

significant disabilities, receiving 

services under the State VR and 

Supported Employment programs; 

(d) An increased percentage of 

individuals with disabilities who 

receive services through the State VR 

agency and who achieve employment 

outcomes in competitive integrated 

employment; 

(e) Improved collaboration between 

State VR agencies and other core 

programs of the workforce development 

system; and 

(f) Implementation of the new 

common performance accountability 

system under section 116 of WIOA. 

Topic Areas. 

The WITAC will develop and provide 

training and technical assistance (TA) to 

State VR agency staff and related 

rehabilitation professionals and service 

providers in five topic areas related to 

changes made by WIOA: 

(a) Provision of pre-employment 

transition services to students with 

disabilities and supported employment 

services to youth with disabilities; 

(b) Implementation of the 

requirements in section 511 of the 

Rehabilitation Act that are under the 

purview of the Department of 

Education; 

(c) Provision of resources and 

strategies to help individuals with 

disabilities achieve competitive 

integrated employment, including 

customized employment and supported 

employment; 

(d) Integration of the State VR 

program into the workforce 

development system; and 

(e) Transition to the new common 

performance accountability system 

under section 116 of WIOA, including 

the collection and reporting of common 

data elements. 

Project Activities. 

To meet the requirements of this 

priority, the WITAC must, at a 

minimum, conduct the following 

activities: 

Knowledge Development Activities. 

(a) In the first year, collect 

information from the literature and from 

existing State and Federal programs 

about evidence-based and promising 

practices relevant to the work of the 

WITAC and make this information 

publicly available in a searchable, 

accessible, and useful format. The 

WITAC must review, at a minimum: 

(1) Literature on evidence-based and 

promising practices relevant to the work 

of the WITAC; 

(2) The results of State VR agency 

monitoring conducted by RSA; 

(3) State VR agency program and 

performance data; 

(4) Department of Education and 

Department of Labor policies and 

guidance on program changes made by 

WIOA and implementation of those 

changes; and 

(5) Any existing State VR agency 

memoranda of understanding (MOUs) or 

agreement (MOAs) related to the work 

of the WITAC. 

(b) In the first year, conduct a survey 

of relevant stakeholders and VR service 

providers to identify workforce 

development TA needs and a process by 

which TA solutions can be offered to 

State VR agencies and their partners. 

The WITAC must survey, at a minimum: 

(1) State VR agency staff; 

(2) Relevant RSA staff; and 

(3) Other stakeholders, including 

stakeholders from the transition and 

special education community, the 

workforce development community, 

and the rehabilitation community. 

(c) Develop and refine one or more 

curriculum guides for VR staff training 

for each of the topic areas listed in the 

Topic Areas section of this priority. 

Technical Assistance and 

Dissemination Activities. 

(a) Provide intensive, sustained TA 1

to a minimum of 23 State VR agencies 

and their associated rehabilitation 

professionals and service providers in 

the topic areas set out in this priority. 

The WITAC must provide intensive, 

sustained TA to a minimum of two 

agencies in the first year of the project 

and to a minimum of seven additional 

agencies per year in the second, third, 

and fourth years of the project. These 

are minimum requirements, and the 

expectation is that intensive, sustained 

TA will be provided, to the extent funds 

are available, to all of the State VR 

agencies that request intensive, 

sustained TA. This TA must include: 

(1) For topic area (a), how to— 

(i) Develop, manage, and implement 

effective pre-employment transition 

services to improve the transition of 

students with disabilities from 

secondary to postsecondary education 

and employment; 

(ii) Coordinate pre-employment 

transition services with transition 

services provided under IDEA; and 

(iii) Develop and implement 

supported employment services for 

youth with the most significant 

disabilities; 

(2) For topic area (b): 

(i) How to provide career-related 

counseling, information, and referral 

services to individuals entering and 

continuing employment at subminimum 

wages; and 

(ii) How to implement documentation 

requirements for youth with disabilities 

seeking employment at subminimum 

wage, in accordance with section 511 of 

the Rehabilitation Act; 


srobinson on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 34581 

2For the purposes of this priority, ‘‘targeted, 

specialized technical assistance’’ means TA services 

based on needs common to multiple recipients and 

not extensively individualized. A relationship is 

established between the TA recipient and one or 

more TA center staff. This category of TA includes 

one-time, labor-intensive events, such as facilitating 

strategic planning or hosting regional or national 

conferences. It can also include episodic, less laborintensive events that extend over a period of time, 

such as facilitating a series of conference calls on 

single or multiple topics that are designed around 

the needs of the recipients. Facilitating 

communities of practice can also be considered 

targeted, specialized TA. 

3For the purposes of this priority, ‘‘universal, 

general technical assistance’’ means TA and 

information provided to independent users through 

their own initiative, resulting in minimal 

interaction with TA center staff and including onetime, invited or offered conference presentations by 

TA center staff. This category of TA also includes 

information or products, such as newsletters, 

guidebooks, or research syntheses, downloaded 

from the TA center’s Web site by independent 

users. Brief communications by TA center staff with 

recipients, either by telephone or email, are also 

considered universal, general TA. 

(3) For topic area (c), how to design 

and implement new services and new 

roles and responsibilities among partner 

agencies to increase the percentage of 

individuals achieving competitive 

integrated employment and to meet the 

supported employment and customized 

employment requirements of the 

Rehabilitation Act; 

(4) For topic area (d), how to develop 

model relationships between State VR 

agencies and other core programs of the 

workforce development system for 

purposes of implementing the 

requirements of title I of WIOA, 

especially those requirements related to 

integration of core programs into the 

workforce development system; and 

(5) For topic area (e), how to 

effectively transition to the new 

common performance accountability 

system required in section 116 of WIOA 

and use performance results to 

implement programmatic changes to 

improve agency performance. 

(b) Provide a range of targeted, 

specialized TA 2 and universal, general 

TA 3 products and services on the topic 

areas in this priority. This TA must 

include, at a minimum, the following 

activities: 

(1) Establishing and maintaining a 

state-of-the-art information technology 

(IT) platform sufficient to support 

Webinars, teleconferences, video 

conferences, and other virtual methods 

of dissemination of information and TA. 

Note: All products produced by WITAC 

must meet government- and industryrecognized standards for accessibility, 

including section 508 of the Rehabilitation 

Act. 

(2) Developing and maintaining a 

state-of-the-art archiving and 

dissemination system that— 

(i) Provides a central location for later 

use of TA products, including course 

curricula, audiovisual materials, 

Webinars, examples of emerging and 

best practices for the topic areas in this 

priority, and any other TA products; 

and 

(ii) Is open and available to the 

public. 

Note: In meeting the requirements for (b)(1) 

and (2) above, the WITAC may either develop 

new platforms or systems or may modify 

existing platforms or systems, so long as the 

requirements of this priority are met. 

(3) Providing a minimum of two 

Webinars or video conferences over the 

course of the project on each of the topic 

areas in this priority to describe and 

disseminate information about emerging 

and best practices in each area. 

Coordination Activities. 

(a) Establish one or more communities 

of practice that focus on the topic areas 

in this priority and that act as vehicles 

for communication and exchange of 

information among State VR agencies 

and partners, including the results of 

TA projects that are in progress or have 

been completed; 

(b) Communicate, collaborate, and 

coordinate, on an ongoing basis, with 

other relevant Department-funded 

projects and those supported by the 

Social Security Administration (SSA) 

and the Departments of Labor, Health 

and Human Services, and Commerce; 

and 

(c) Maintain ongoing communication 

with the RSA project officer and other 

RSA staff as required. 

Application Requirements. 

To be funded under this priority, 

applicants must meet the application 

and administrative requirements in this 

priority. RSA encourages innovative 

approaches to meet these requirements, 

which are: 

(a) Demonstrate, in the narrative 

section of the application under 

‘‘Significance of the Project,’’ how the 

proposed project will address State VR 

agencies’ capacity to implement the 

requirements of WIOA. To meet this 

requirement, the applicant must: 

(1) Demonstrate knowledge of current 

RSA guidance and State and Federal 

initiatives designed to improve 

engagement with the workforce 

development system and workforce 

development system partners; 

(2) Demonstrate knowledge of current 

State VR agency and other efforts to 

improve engagement with secondary 

schools, youth programs, and other 

programs that provide services to youth 

with disabilities for the purpose of 

assisting such youth to enter 

postsecondary education or competitive 

integrated employment; and 

(3) Demonstrate knowledge of current 

State VR agency efforts to engage with 

State Medicaid, developmental 

disability, and mental health agencies to 

develop agreements and provide 

services leading to competitive 

integrated employment, including 

supported employment and customized 

employment. 

(b) Demonstrate, in the narrative 

section of the application under 

‘‘Quality of Project Services,’’ how the 

proposed project will— 

(1) Achieve its goals, objectives, and 

intended outcomes. To meet this 

requirement, the applicant must 

provide— 

(i) Measurable intended project 

outcomes; 

(ii) A plan for how the proposed 

project will achieve its intended 

outcomes; and 

(iii) A plan for communicating, 

collaborating, and coordinating with key 

staff in State VR agencies; State and 

local partner programs; RSA partners, 

such as the Council of State 

Administrators of Vocational 

Rehabilitation, the National Association 

of State Directors of Special Education, 

the National Council of State Agencies 

for the Blind, and other TA centers; and 

relevant programs within SSA and the 

Departments of Education, Labor, 

Health and Human Services, and 

Commerce. 

(2) Use a conceptual framework to 

develop project plans and activities, 

describing any underlying concepts, 

assumptions, expectations, beliefs, or 

theories, as well as the presumed 

relationships or linkages among these 

variables, and any empirical support for 

this framework. 

(3) Be based on current research and 

make use of evidence-based practices. 

To meet this requirement, the applicant 

must describe— 

(i) How the current research about 

adult learning principles and 

implementation science will inform the 

proposed TA; and 

(ii) How the proposed project will 

incorporate current research and 

evidence-based practices in the 

development and delivery of its 

products and services. 

(4) Develop products and provide 

services that are of high quality and 

sufficient intensity and duration to 

achieve the intended outcomes of the 

proposed project. To address this 

requirement, the applicant must 

describe— 

(i) Its proposed activities to identify or 

develop the knowledge base on 

emerging and promising practices in the 

five topic areas listed in the Topic Areas 

section of this priority; 


srobinson on DSK5SPTVN1PROD with PROPOSALS
34582 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 

(ii) Its proposed approach to 

universal, general TA; 

(iii) Its proposed approach to targeted, 

specialized TA, which must identify— 

(A) The intended recipients of the 

products and services under this 

approach; and 

(B) Its proposed approach to measure 

the capacity and readiness of State VR 

agencies to work with the proposed 

project, assessing, at a minimum, their 

current infrastructure, available 

resources, and ability to effectively 

respond to the TA, as appropriate; 

(iv) Its proposed approach to 

intensive, sustained TA, which must 

identify— 

(A) The intended recipients of the 

products and services under this 

approach; 

(B) Its proposed approach to measure 

the readiness of the State VR agencies to 

work with the proposed project, 

including the State VR agencies’ 

commitment to the initiative, fit of the 

initiative, current infrastructure, 

available resources, and ability to 

effectively respond to the TA, as 

appropriate; 

(C) Its proposed plan for assisting 

State VR agencies to build training 

systems that include professional 

development based on adult learning 

principles and coaching; and 

(D) Its proposed plan for developing 

agreements with State VR agencies to 

provide intensive, sustained TA. The 

plan must describe how the agreements 

will outline the purposes of the TA, the 

intended outcomes of the TA, and the 

measurable objectives of the TA that 

will be evaluated. 

(5) Develop products and implement 

services to maximize the project’s 

efficiency. To address this requirement, 

the applicant must describe— 

(i) How the proposed project will use 

technology to achieve the intended 

project outcomes; and 

(ii) With whom the proposed project 

will collaborate and the intended 

outcomes of this collaboration. 

(c) Demonstrate, in the narrative 

section of the application under 

‘‘Quality of the Evaluation Plan,’’ how 

the proposed project will— 

(1) Measure and track the 

effectiveness of the TA provided. To 

meet this requirement, the applicant 

must describe its proposed approach 

to— 

(i) Collecting data on the effectiveness 

of each TA activity from State VR 

agencies, partners, or other sources, as 

appropriate; and 

(ii) Analyzing data and determining 

effectiveness of each TA activity, 

including any proposed standards or 

targets for determining effectiveness. 

(2) Collect and analyze data on 

specific and measurable goals, 

objectives, and intended outcomes of 

the project, including measuring and 

tracking the effectiveness of the TA 

provided. To address this requirement, 

the applicant must describe— 

(i) Its proposed evaluation 

methodologies, including instruments, 

data collection methods, and analyses; 

(ii) Its proposed standards or targets 

for determining effectiveness; 

(iii) How it will use the evaluation 

results to examine the effectiveness of 

its implementation and its progress 

toward achieving the intended 

outcomes; and 

(iv) How the methods of evaluation 

will produce quantitative and 

qualitative data that demonstrate 

whether the project and individual TA 

activities achieved their intended 

outcomes. 

(d) Demonstrate, in the narrative 

section of the application under 

‘‘Adequacy of Project Resources,’’ 

how— 

(1) The proposed project will 

encourage applications for employment 

from persons who are members of 

groups that have historically been 

underrepresented based on race, color, 

national origin, gender, age, or 

disability, as appropriate; 

(2) The proposed key project 

personnel, consultants, and 

subcontractors have the qualifications 

and experience to provide TA to State 

VR agencies and their partners in each 

of the topic areas in this priority and to 

achieve the project’s intended 

outcomes; 

(3) The applicant and any key 

partners have adequate resources to 

carry out the proposed activities; and 

(4) The proposed costs are reasonable 

in relation to the anticipated results and 

benefits; 

(e) Demonstrate, in the narrative 

section of the application under 

‘‘Quality of the Management Plan,’’ 

how— 

(1) The proposed management plan 

will ensure that the project’s intended 

outcomes will be achieved on time and 

within budget. To address this 

requirement, the applicant must 

describe— 

(i) Clearly defined responsibilities for 

key project personnel, consultants, and 

subcontractors, as applicable; and 

(ii) Timelines and milestones for 

accomplishing the project tasks. 

(2) Key project personnel and any 

consultants and subcontractors will be 

allocated to the project and how these 

allocations are appropriate and adequate 

to achieve the project’s intended 

outcomes, including an assurance that 

such personnel will have adequate 

availability to ensure timely 

communications with stakeholders and 

RSA; 

(3) The proposed management plan 

will ensure that the products and 

services provided are of high quality; 

and 

(4) The proposed project will benefit 

from a diversity of perspectives, 

including those of State and local 

personnel, TA providers, researchers, 

and policy makers, among others, in its 

development and operation. 

Types of Priorities: 

When inviting applications for a 

competition using one or more 

priorities, we designate the type of each 

priority as absolute, competitive 

preference, or invitational through a 

notice in the Federal Register. The 

effect of each type of priority follows: 

Absolute priority: Under an absolute 

priority, we consider only applications 

that meet the priority (34 CFR 

75.105(c)(3)). 

Competitive preference priority: 

Under a competitive preference priority, 

we give competitive preference to an 

application by (1) awarding additional 

points, depending on the extent to 

which the application meets the priority 

(34 CFR 75.105(c)(2)(i)); or (2) selecting 

an application that meets the priority 

over an application of comparable merit 

that does not meet the priority (34 CFR 

75.105(c)(2)(ii)). 

Invitational priority: Under an 

invitational priority, we are particularly 

interested in applications that meet the 

priority. However, we do not give an 

application that meets the priority a 

preference over other applications (34 

CFR 75.105(c)(1)). 

Final Priority: 

We will announce the final priority in 

a notice in the Federal Register. We will 

determine the final priority after 

considering responses to this notice and 

other information available to the 

Department. This notice does not 

preclude us from proposing additional 

priorities, requirements, definitions, or 

selection criteria, subject to meeting 

applicable rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we 

choose to use this priority, we invite 

applications through a notice in the 

Federal Register. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

proposed regulatory action is 

‘‘significant’’ and, therefore, subject to 

the requirements of the Executive order 


srobinson on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 34583 

and subject to review by the Office of 

Management and Budget (OMB). 

Section 3(f) of Executive Order 12866 

defines a ‘‘significant regulatory action’’ 

as an action likely to result in a rule that 

may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This proposed regulatory action is not 

a significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this proposed 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

on a reasoned determination that their 

benefits justify their costs (recognizing 

that some benefits and costs are difficult 

to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this proposed priority 

only on a reasoned determination that 

its benefits would justify its costs. In 

choosing among alternative regulatory 

approaches, we selected those 

approaches that would maximize net 

benefits. Based on the analysis that 

follows, the Department believes that 

this regulatory action is consistent with 

the principles in Executive Order 13563. 

We also have determined that this 

regulatory action would not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

We propose to fund through this 

priority TA to State VR agencies to 

improve the quality of VR services and 

of the competitive integrated 

employment outcomes achieved by 

individuals with disabilities, and 

ultimately to increase the percentage of 

individuals with disabilities who 

receive services through the State VR 

agencies who achieve competitive 

integrated employment outcomes. This 

proposed priority would promote the 

efficient and effective use of Federal 

funds. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: June 12, 2015. 

Michael K. Yudin, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2015–14940 Filed 6–16–15; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 10 

RIN 0906–AA89 

340B Drug Pricing Program Ceiling 

Price and Manufacturer Civil Monetary 

Penalties Regulation 

AGENCY: Health Resources and Services 

Administration, HHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Health Resources and 

Services Administration (HRSA) 

administers section 340B of the Public 

Health Service Act (PHSA), which is 

referred to as the ‘‘340B Drug Pricing 

Program’’ or the ‘‘340B Program.’’ This 

proposed rule will apply to all drug 

manufacturers that are required to make 

their drugs available to covered entities 

under the 340B Program. The proposed 

rule sets forth the calculation of the 

ceiling price and application of civil 

monetary penalties. 

DATES: Submit comments on or before 

August 17, 2015. 

ADDRESSES: You may submit comments, 

identified by the Regulatory Information 

Number (RIN) 0906–AA89, by any of the 

following methods. Please submit your 

comments in only one of these ways to 


srobinson on DSK5SPTVN1PROD with PROPOSALS