Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 35121 

(i) Requests for guidance on 

hypothetical situations; and 

(ii) Matters that are the subject of 

pending litigation or administrative 

appeals. 

(c)(1) A value determination the 

Assistant Secretary for Indian Affairs 

signs is binding on both you and ONRR 

until the Assistant Secretary modifies or 

rescinds it. 

(2) After the Assistant Secretary issues 

a value determination, you must make 

any adjustments to royalty payments 

that follow from the determination and, 

if you owe additional royalties, you 

must pay the additional royalties due, 

plus late payment interest calculated 

under § 1218.54 of this chapter. 

(3) A value determination the 

Assistant Secretary signs is the final 

action of the Department and is subject 

to judicial review under 5 U.S.C. 701– 

706. 

(d) Guidance ONRR issues is not 

binding on ONRR, the Indian lessor, or 

you with respect to the specific 

situation addressed in the guidance. 

(1) Guidance and ONRR’s decision 

whether or not to issue guidance or 

request an Assistant Secretary 

determination, or neither, under 

paragraph (b) of this section, are not 

appealable decisions or orders under 30 

CFR part 1290. 

(2) If you receive an order requiring 

you to pay royalty on the same basis as 

the guidance, you may appeal that order 

under 30 CFR part 1290. 

(e) ONRR or the Assistant Secretary 

may use any of the applicable valuation 

criteria in this subpart to provide 

guidance or make a determination. 

(f) A change in an applicable statute 

or regulation on which ONRR or the 

Assistant Secretary based any 

determination or guidance takes 

precedence over the determination or 

guidance, regardless of whether ONRR 

or the Assistant Secretary modifies or 

rescinds the determination or guidance. 

(g) ONRR or the Assistant Secretary 

generally will not retroactively modify 

or rescind a value determination issued 

under paragraph (d) of this section, 

unless: 

(1) There was a misstatement or 

omission of material facts; or 

(2) The facts subsequently developed 

are materially different from the facts on 

which the guidance was based. 

(h) ONRR may make requests and 

replies under this section available to 

the public, subject to the confidentiality 

requirements under § 1206.65. 

§ 1206.63 How do I determine royalty 

quantity and quality? 

(a) You must calculate royalties based 

on the quantity and quality of oil as 

measured at the point of royalty 

settlement that BLM approves. 

(b) If you determine the value of oil 

under § 1206.52, § 1206.53, or § 1206.54 

of this subpart based on a quantity and/ 

or quality that is different from the 

quantity and/or quality at the point of 

royalty settlement BLM approves for the 

lease, you must adjust that value for the 

differences in quantity and/or quality. 

(c) You may not make any deductions 

from the royalty volume or royalty value 

for actual or theoretical losses incurred 

before the royalty settlement point 

unless BLM determines that any actual 

loss was unavoidable. 

§ 1206.64 What records must I keep to 

support my calculations of value under this 

subpart? 

If you determine the value of your oil 

under this subpart, you must retain all 

data relevant to the determination of 

royalty value. 

(a) You must show: 

(1) How you calculated the value you 

reported, including all adjustments for 

location, quality, and transportation; 

and 

(2) How you complied with these 

rules. 

(b) On request, you must make 

available sales, volume, and 

transportation data for production you 

sold, purchased, or obtained from the 

field or area. You must make this data 

available to ONRR, Indian 

representatives, or other authorized 

persons. 

(c) You can find recordkeeping 

requirements in §§ 1207.5, 1212.50, and 

1212.51 of this chapter. 

(d) ONRR, Indian representatives, or 

other authorized persons may review 

and audit your data, and ONRR will 

direct you to use a different value if they 

determine that the reported value is 

inconsistent with the requirements of 

this subpart. 

§ 1206.65 Does ONRR protect information 

I provide? 

(a) Certain information you or your 

affiliate submit(s) to ONRR regarding 

valuation of oil, including 

transportation allowances, may be 

exempt from disclosure. 

(b) To the extent applicable laws and 

regulations permit, ONRR will keep 

confidential any data you or your 

affiliate submit(s) that is privileged, 

confidential, or otherwise exempt from 

disclosure. 

(c) You and others must submit all 

requests for information under the 

Freedom of Information Act regulations 

of the Department of the Interior at 43 

CFR part 2. 

PART 1210—FORMS AND REPORTS 

■ 3. The authority citation for part 1210 

continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 

396, 2107; 30 U.S.C. 189, 190, 359, 1023, 

1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 

1334, 1801 et seq.; and 44 U.S.C. 3506(a). 

Subpart B—Royalty Reports—Oil, Gas, 

and Geothermal Resources 

■ 4. Add § 1210.61 to subpart B to read 

as follows: 

§ 1210.61 What additional reporting 

requirements must I meet for Indian oil 

valuation purposes? 

(a) If you must report and pay under 

§ 1206.52 of this chapter, you must use 

Sales Type Code ARMS on Form 

ONRR–2014. 

(b) If you must report and pay under 

§ 1206.53 of this chapter, you must use 

Sales Type Code NARM on Form 

ONRR–2014. 

(c) If you must report and pay under 

§ 1206.54 of this chapter, you must use 

Sales Type Code OINX on Form ONRR– 

2014; 

(d) You must report one of the 

following crude oil types in the product 

code field of Form ONRR–2014: 

(1) Sweet (code 61); 

(2) Sour (code 62); 

(3) Asphaltic (code 63); 

(4) Black Wax (code 64); or 

(5) Yellow Wax (code 65); 

(e) All of the remaining requirements 

of this subpart apply. 

[FR Doc. 2014–13967 Filed 6–18–14; 8:45 am] 

BILLING CODE 4310–T2–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2014–OSERS–0072; CFDA 

Number: 84.264A] 

Proposed Priority—Rehabilitation 

Training; Job-Driven Vocational 

Rehabilitation Technical Assistance 

Center 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Proposed priority. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a priority to establish 

a Job-Driven Vocational Rehabilitation 

Technical Assistance Center. The 

Assistant Secretary may use this priority 

for competitions in fiscal year (FY) 2014 

and later years. We take this action to 

provide training and technical 

assistance to improve the capacity of 

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35122 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 

State Vocational Rehabilitation (VR) 

agencies and their partners to equip 

individuals with disabilities with the 

skills and competencies necessary to 

help them obtain high-quality 

competitive employment. 

DATES: We must receive your comments 

on or before July 21, 2014. 

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 these proposed 

regulations, 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 these proposed regulations by 

accessing Regulations.gov. You may also 

inspect the comments in person in 

Room 5042, 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, as amended 

(the Rehabilitation Act), 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 

technical assistance 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. 

Job-Driven Vocational Rehabilitation 

Technical Assistance Center 

Background: 

On January 30, 2014, President Barack 

Obama issued a Presidential 

Memorandum to the Secretaries of the 

Departments of Labor, Commerce, and 

Education directing them to take action 

to address job-driven training for the 

Nation’s workers. The memorandum 

instructed the Secretaries to develop 

concrete steps to make Federal 

workforce and training programs and 

policies (a) more focused on imparting 

relevant skills with job-market value, (b) 

more easily accessed by employers and 

job seekers, and (c) more accountable for 

producing positive employment and 

earning outcomes for the people they 

serve. Those steps were also required to 

be consistent with the job-driven 

training principles outlined in the 

memorandum, including: Promoting 

more engagement with industry, 

employers, employer associations, and 

worker representatives to identify the 

skills and supports workers need; 

providing support for secondary and 

post-secondary education and training 

entities to equip individuals with the 

skills, competencies, and credentials 

necessary to help individuals obtain 

jobs, increase earnings, and advance 

their careers; and making available to 

workers, job seekers, and employers the 

best information regarding job demand, 

skills matching, supports, as well as 

education, training, and career options. 

While education and training, labor 

market information, and relevant job 

skills are important for all workers, they 

are particularly important for 

individuals with disabilities so that they 

can access more competitive jobs with 

good wages and benefits. Individuals 

with disabilities have higher 

unemployment rates than individuals 

without disabilities (in 2013, 12.9 

percent and 6.9 percent, respectively) 

and lower participation rates in the 

workforce by a substantial margin (in 

2013, 20.7 percent and 68.8 percent, 

respectively) (Department of Labor, 

2014). In addition, State VR agencies 

have seen a significant decrease in the 

number of individuals with disabilities 

achieving competitive employment 

outcomes. At the beginning of the 

recession, total State VR agency 

consumers achieving competitive 

employment outcomes dropped by 

about 23,000, from 194,979 in FY 2008 

to 171,721 in FY 2009. Four years later, 

the number of individuals with 

disabilities achieving competitive 

employment outcomes has risen only 

slightly, to 176,792 (RSA, 2012). To 

increase the number of VR consumers 

who achieve employment outcomes, 

State VR agencies need to upgrade the 

knowledge and skills of their personnel 

and providers so that they are better 

able to build effective partnerships with 

employers and assist VR consumers in 

obtaining the competencies and job 

skills required in today’s competitive 

labor market. 

State VR agencies also need assistance 

in implementing approaches that 

promote more active engagement of 

employers in facilitating competitive 

employment for, and retention of, 

individuals with disabilities in the 

workplace. However, there are emerging 

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practices in some State VR agencies that 

could be developed and disseminated to 

other State VR agencies. 

For example, State VR agencies could 

hire staff as business employment 

representatives (BERs) or as specialists 

in job placement for a particular area of 

a State as part of an overall State VR 

agency approach to building 

relationships with employers. In a 

recent survey, findings reveal that the 

majority of VR agencies employ BERs 

(45 out of 64 reporting agencies; 70.3%). 

Of those VR agencies employing BERs, 

21 reported employing five or fewer 

BERs, 10 reported employing between 

six and ten BERs, and 14 reported 

employing more than 10 BERs. BERs 

compose 0.1% to 43.9% of staffing 

relative to the total number of 

counseling staff throughout VR state 

agencies employing BERs (Porter et al., 

2012). This range represents widely 

differing emphases on the use of BERs 

for employer engagement activities. 

In Vermont, Creative Workforce 

Solutions, a system of service provision 

to employers and qualified workers who 

face challenges entering or reentering 

the workforce, is an example of a more 

comprehensive approach to employer 

engagement and the use of BERs. This 

system includes BERs; a package of 

work-based learning services for 

employers and job-seekers that includes 

risk-free trial employment, on-the-job 

training, and internships; and employer 

support services related to 

accommodations, accessibility, and 

training for employees. 

Another emerging job-driven 

approach is customized training. These 

training programs are designed to meet 

the special requirements of an employer 

or group of employers and are typically 

conducted with a commitment by the 

employer to employ (or, in the case of 

incumbent workers, continue to 

employ) individuals upon successful 

completion of the training. In this 

approach, employers often pay a portion 

of the cost of the training, reducing costs 

for job seekers and VR agencies. 

Some State VR agencies are already 

involved with customized training 

efforts. For example, the Maryland 

Division of Rehabilitation Services’ 

(DORS) Workforce & Technology Center 

has developed customized training 

programs that provide short-term, 

intensive training for individuals not 

pursuing college degrees who are 

interested in obtaining either an 

industry certification or just the skills 

required for competitive employment at 

a higher entry wage. DORS’ customized 

training programs have been developed 

in partnership with community colleges 

and employers; are based on labor 

market research and hiring trends, 

inquiries from local businesses, and 

requests from DORS counselors and 

DORS consumers (RSA, 2014). 

We believe that providing training 

and intensive TA to VR personnel and 

related providers will be critical in 

assisting State VR agencies in 

successfully incorporating job-driven 

approaches into the VR service delivery 

system and in increasing employment 

outcomes for individuals with 

disabilities. 

References 

Obama, B.H. (2014). Presidential 

Memorandum on Job-Driven Training for 

Workers. January 30, 2014. Available at: 

www.whitehouse.gov/the-press-office/

2014/01/30/presidential-memorandumjob-driven-training-workers. 

Porter, E., Kwan, N., Marrone, J., & Foley, S. 

(2012). Demand-Side Strategies: 

Prevalence of Business Employment 

Representatives in Vocational 

Rehabilitation Agencies. Review VR, 1, 

2012. Available at: http://explorevr.org/

files/review_vr/ReviewVR_1.pdf. 

Rehabilitation Services Administration 

(RSA). (2014). Emerging Practices; 

Maryland: Customized and Partnership 

Training. Available at: https://rsa.ed.gov/ 

emerging-practices.cfm. 

Rehabilitation Services Administration 

(RSA). (2012). Case Service Report. RSA 

911. 

U.S. Department of Labor (DOL). (2014). 

Economic New Release: Table A–6. 

Employment status of the civilian 

population by sex, age and disability 

status, not seasonally adjusted. Available 

at: www.bls.gov/news.release/

empsit.t06.htm. 

Proposed Priority: 

The purpose of this proposed priority 

is to fund a cooperative agreement to 

establish a Job-Driven Vocational 

Rehabilitation Technical Assistance 

Center (JDVRTAC) to achieve, at a 

minimum, the following outcomes: (a) 

Improve the ability of State VR agencies 

to work with employers and providers 

of training to ensure equal access to and 

greater opportunities for individuals 

with disabilities to engage in 

competitive employment or training; (b) 

Increase the number and quality of 

employment outcomes in competitive, 

integrated settings for VR-eligible 

individuals with disabilities, including 

broadening the range of occupations for 

such individuals in such settings; and 

(c) Increase the number of VR-eligible 

individuals with disabilities in 

employer-driven job training programs. 

The JDVRTAC will develop and 

provide training and TA to State VR 

agency staff and related rehabilitation 

professionals and service providers in 

the following four job-driven topic 

areas: 

(a) Use of labor market data and 

occupational information to provide 

individuals with disabilities with the 

best information regarding job demand, 

skills matching, supports, and 

education, training, and career options; 

(b) Disability-related consultation and 

services to employers related to 

competitive employment of individuals 

with disabilities (including individuals 

with the most significant disabilities) 

and strategies to recruit, train and serve 

employees with disabilities for the 

purposes of hiring, job retention, or 

return to work; 

(c) Building and maintaining 

relationships with employers; and 

(d) Services to providers of 

customized training and other types of 

training that are directly responsive to 

employer needs and hiring 

requirements. 

Project Activities. 

To meet the requirements of this 

priority, the JDVRTAC 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 

regarding evidence-based and promising 

practices relevant to the work of the 

JDVRTAC and make this information 

publicly available in a searchable, 

accessible, and useful format. The 

JDVRTAC should review, at a minimum: 

(1) The results of State VR agency 

monitoring conducted by RSA; and 

(2) State VR agency program and 

performance data. 

(b) In the first year, conduct a survey 

of relevant stakeholders and VR service 

providers to identify job-driven TA 

needs and a process by which TA 

solutions can be offered to State VR 

agencies and their partners. The 

JDVRTAC should survey, at a minimum: 

(1) State VR agency staff; and 

(2) Relevant RSA staff. 

(c) Develop and refine four 

curriculum guides for VR staff training 

in: 

(1) The use of labor market and 

occupational information for purposes 

of planning and job-matching with 

individuals with disabilities; 

(2) Building programs of employer 

engagement, employer services, and 

program participation support services 

for institutions providing employerdriven training programs; 

(3) Delivery of support services to 

providers of customized training and 

other job training directly responsive to 

employer needs and hiring requirements 

to promote and support the inclusion of 

individuals with disabilities in such 

training programs; and 

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35124 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 

(4) Delivery of support services to 

employers who hire individuals with 

disabilities from employer-driven 

training programs. 

Technical Assistance and 

Dissemination Activities. 

(a) Provide intensive TA to a 

minimum of 16 State VR agencies and 

their associated rehabilitation 

professionals and service providers in 

the four job-driven topic areas set out in 

this priority. The JDVRTAC must 

provide intensive TA to a minimum of 

two agencies in the first year of the 

project, a minimum of ten agencies in 

the second year of the project, and a 

minimum of four agencies in the third 

year of the project. Such TA must 

include: 

(1) For topic area (a), how to research, 

understand, and use up-to-date labor 

market information to assist individuals 

with disabilities to make informed 

career decisions and develop vocational 

goals; 

(2) For topic area (b)— 

(i) How to research, understand, and 

use up-to-date labor market information 

to effectively communicate with and 

address the needs of— 

(A) Employers; 

(B) Job seekers with disabilities; and 

(C) Employees with disabilities. 

(ii) How to balance job-seeker skills 

and informed choice with the needs and 

demands of employers; 

(iii) Informational resources for 

employers on accommodations, 

including assistive technology; 

(iv) Effective marketing and outreach 

to employers, such as how best to 

present information about job-ready 

applicants to employers including what 

VR counselors and placement staff need 

to know about a specific employer and 

its business; and 

(v) How to use occupational 

information resources to ensure optimal 

vocational guidance and counseling that 

result in the best fit for applicants and 

workers with disabilities and 

employers. 

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

and maintain partnerships with 

employers, looking at new or existing 

research about the relationship between 

employer practices and employment 

outcomes among individuals with 

disabilities, and promising practices for 

employer engagement. 

(4) For topic area (d)— 

(i) How to identify and access 

employer-driven training programs; 

(ii) How to incorporate individuals 

with disabilities into training programs 

in which individuals with disabilities 

have been historically 

underrepresented; and 

(iii) How to assist VR-eligible 

individuals with disabilities in 

accessing customized training or other 

job training that is directly responsive to 

employer needs and hiring 

requirements, including, but not limited 

to, training offered by providers under 

the Carl D. Perkins Career and Technical 

Education Improvement Act, H–1B 

Ready to Work Partnership Grants, and 

Trade Adjustment Assistance 

Community College and Career Training 

Grants. 

(b) Provide a range of targeted and 

general TA products and services on the 

four job-driven topic areas in this 

priority. Such TA should include, at a 

minimum, the following activities: 

(1) Developing 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; 

(2) Developing and maintaining a 

state-of-the-art archiving and 

dissemination system that provides a 

central location for later use of TA 

products, including course curricula, 

audiovisual materials, Webinars, 

examples of emerging and best practices 

related to the four job-driven topic areas 

in this notice, and any other TA 

products, that is open and available to 

the public; and 

(3) Providing a minimum of two 

webinars or video conferences on each 

of the four job-driven topic areas in this 

notice to describe and disseminate 

information about emerging and best 

practices in each area. 

Coordination Activities. 

(a) Establish a community of practice 

that will act as a vehicle for 

communication, exchange of 

information among State VR agencies 

and partners, and a forum for sharing 

the results of TA projects that are in 

progress or have been completed. Such 

community of practice must be focused 

on the use of labor market and 

occupational information for individual 

planning, employer services and 

communication, and support of 

employer-driven training services; 

(b) Communicate and coordinate, on 

an ongoing basis, with other 

Department-funded projects and those 

supported by the Departments of Labor 

and Commerce; and 

(c) Maintain ongoing communication 

with the RSA project officer. 

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— 

(1) Address State VR agencies’ 

capacity to work with employers and 

providers of training to ensure equal 

access to and greater opportunities for 

individuals with disabilities to engage 

in competitive employment or training. 

To meet this requirement, the applicant 

must: 

(i) Demonstrate knowledge of 

emerging and best practices in employer 

engagement; 

(ii) Demonstrate knowledge of current 

RSA guidance and State and Federal 

initiatives designed to improve 

employer engagement and alignment of 

workforce training programs with 

employer needs; and 

(iii) Present information about the 

difficulties that State VR agencies and 

service providers have encountered in 

developing effective employer 

engagement plans. 

(2) Result in increases in both the 

number of VR-eligible individuals with 

disabilities in employer-driven jobtraining programs, and the number and 

quality of employment outcomes in 

competitive, integrated settings for VReligible individuals with disabilities, 

including broadening the range of 

occupations for such individuals in 

such settings. 

(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 and 

coordinating with key staff in State VR 

agencies, State and local partner 

programs, providers of customized 

training programs and other training 

programs that are directly responsive to 

employer needs and hiring 

requirements, RSA partners such as the 

Council of State Administrators of 

Vocational Rehabilitation (CSAVR), the 

National Council of State Agencies for 

the Blind, CSAVR’s National 

Employment Team, and other TA 

centers and relevant programs within 

the Departments of Education, Labor, 

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 

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Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 35125 

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

general TA’’ means TA and information provided 

to independent users through their own initiative, 

resulting in minimal interaction with TA center 

staff and including one-time, invited or offered 

conference presentations by TA center staff. This 

category of TA also includes information or 

products, such as newsletters, guidebooks, or 

research syntheses, downloaded from the TA 

center’s Web site by independent users. Brief 

communications by TA center staff with recipients, 

either by telephone or email, are also considered 

universal, general TA. 

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

specialized TA’’ means TA service 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, ‘‘intensive, 

sustained TA’’ means TA services often provided 

on-site and requiring a stable, ongoing relationship 

between the TA center staff and the TA recipient. 

‘‘TA 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. 

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) The current research on the 

emerging and promising practices in the 

four job-driven topic areas in this 

priority; 

(ii) How the current research about 

adult learning principles and 

implementation science will inform the 

proposed TA; and 

(iii) 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 

four job-driven topic areas in this 

priority; 

(ii) Its proposed approach to 

universal, general TA 1; 

(iii) Its proposed approach to targeted, 

specialized TA,2 which must identify— 

(A) The intended recipients of the 

products and services under this 

approach; and 

(B) Its proposed approach to measure 

the 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,3 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 

initiatives, 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; 

and 

(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 traditionally 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 four job-driven topic areas 

described in this notice 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 

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35126 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 

(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 

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 technical assistance to State VR 

agencies to improve the quality of VR 

services and ultimately the number and 

quality of their 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 

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Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 35127 

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 16, 2014. 

Michael K. Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2014–14390 Filed 6–18–14; 8:45 am] 

BILLING CODE 4000–01–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1250 

[FDMS No. NARA–14–0003; Agency No. 

NARA–2014–037] 

RIN 3095–AB73 

NARA Records Subject to FOIA 

AGENCY: National Archives and Records 

Administration. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: NARA proposes to revise its 

regulation governing Freedom of 

Information Act (FOIA) access to 

NARA’s archival holdings and NARA’s 

own operational records. On August 5, 

2013, NARA published a proposed rule 

in the Federal Register for a 60-day 

comment period. The public comment 

period closed on October 4, 2013. 

NARA received four sets of comments 

on the proposed rule. In the course of 

reviewing the proposed rule and 

addressing those comments, NARA 

proposed to make additional substantive 

revisions beyond those addressed in the 

comments and any administrative or 

plain language changes. Therefore, 

NARA is publishing those new 

substantive revisions for a second round 

of public comment. The revisions from 

both rounds of comments, and the 

comments received, will be compiled 

and addressed together when NARA 

publishes the final regulation. 

DATES: Submit comments on or before 

July 21, 2014. 

ADDRESSES: You may submit comments, 

identified by RIN 3095–AB73, by any of 

the following methods: 

D Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

D Email: kimberly.keravuori@

nara.gov. Include RIN 3095–AB73 in the 

subject line of the message. 

D Fax: 301–837–0319. 

D Mail: (For paper, disk, or CD–ROM 

submissions. Include RIN 3095–AB73 

on the submission) Regulations 

Comments Desk, Strategy Division (SP); 

Suite 4100; National and Archives 

Records Administration; 8601 Adelphi 

Road; College Park, MD 20740–6001. 

D Hand delivery or courier: Deliver 

comments to 8601 Adelphi Road; 

College Park, MD. 

Instructions: All submissions received 

must include the agency name and 

Regulatory Information Number (RIN) 

for this rulemaking (RIN 3095–AB73). 

All comments received may be 

published without changes, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Keravuori, by telephone at 

301–837–3151, by email to 

kimberly.keravuori@nara.gov, or by mail 

to Kimberly Keravuori, Regulations 

Program Manager; Strategy Division 

(SP), Suite 4100; National Archives and 

Records Administration; 8601 Adelphi 

Road; College Park, MD 20740–6001. 

SUPPLEMENTARY INFORMATION: On August 

5, 2013, NARA published a proposed 

rule in the Federal Register (78 FR 

47245) for a 60-day comment period. 

This proposed rule clarified which 

records are subject to the FOIA, NARA’s 

authority to grant access, and made 

adjustments to NARA’s FOIA 

procedures to incorporate changes 

resulting from the OPEN FOIA Act of 

2009, the OPEN Government Act of 

2007, and the Electronic Freedom of 

Information Act Amendments of 1996 

(EFOIA). 

The public comment period closed on 

October 4, 2013. NARA received four 

sets of comments on the proposed rule, 

three from individuals and one from the 

Center for Effectiveness in Government. 

NARA appreciates the thoughtfulness 

and detail reflected in the comments it 

received. We have reviewed all of the 

submitted comments, considered 

carefully the suggestions for revision, 

and made certain changes on the basis 

of these comments, adopting most of 

them in some form. During the course 

of revising the proposed regulation in 

response to comments, NARA 

determined that additional changes 

were needed to better clarify certain 

sections and to incorporate standard 

language from the Department of Justice 

for consistency. NARA has included 

those proposed changes here for public 

review and any additional comments. 

Regulatory Analysis 

This proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has been 

reviewed by the Office of Management 

and Budget (OMB). The proposed 

amendment is also not a major rule as 

defined in 5 U.S.C. Chapter 8, 

Congressional Review of Agency 

Rulemaking. As required by the 

Regulatory Flexibility Act, it is hereby 

certified that this proposed rule will not 

have a significant impact on a 

substantial number of small entities 

because this regulation will affect only 

people and organizations who file FOIA 

requests with NARA. This proposed 

rule does not have any federalism 

implications. 

List of Subjects in 36 CFR Part 1250 

Administrative practice and 

procedure, Archives and records, 

Confidential business information, 

Freedom of information, Information, 

Records, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, the National Archives and 

Records Administration proposes to 

further amend 36 CFR part 1250 from 

the proposed rule text published in the 

Federal Register (78 FR 47245, Aug 5, 

2013) as follows: 

PART 1250—NARA RECORDS 

SUBJECT TO FOIA 

■ 1. The authority citation for part 1250 

remains as follows: 

Authority: 44 U.S.C. 2104(a) and 

2204(3)(c)(1); 5 U.S.C. 552; E.O. 13526, 75 FR 

707 and 75 FR 1013, 3 CFR, 2009 Comp., p. 

298–327; E.O. 12600, 52 FR 23781, 3 CFR, 

1987 Comp., p. 235. 

§ 1250.3 [Amended] 

■ 2. Amend § 1250.3 by: 

■ a. Removing paragraphs (k) and (l); 

■ b. Redesignating paragraphs (m) 

through (r) as paragraphs (k) through 

(p); 

■ c. Redesignating paragraphs (s) 

through (u) as paragraphs (r) through (t); 

■ d. Adding a new paragraph (q); and 

■ e. Revising newly designated 

paragraph (r). 

The addition and revision read as 

follows: 

§ 1250.3 Definitions. 

* * * * * 

(q) Representative of the news media 

means a person or entity organized and 

operated to publish or broadcast news to 

the public, and that actively gathers 

information of potential interest to a 

segment of the public, uses its editorial 

skills to turn raw materials into a 

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