27874 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Proposed Rules 

1The Employment Situation, U.S. Department of 

Labor, Bureau of Labor Statistics, 2015. 

2nTIDE Jobs Report; Kessler Foundation and 

University of New Hampshire, 2015. 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2015–OSERS–0061] 

Proposed Priority and Definitions— 

Demonstration and Training Program: 

Career Pathways for Individuals With 

Disabilities 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Proposed priority and 

definitions. 

[CFDA Number: 84.235N.] 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a priority and 

definitions under the Demonstration 

and Training program. The Assistant 

Secretary may use this priority and one 

or more of these definitions for 

competitions in fiscal year (FY) 2015 

and later years. This priority and these 

definitions are designed to support 

projects that develop and implement 

career pathways for individuals with 

disabilities. 

DATES: We must receive your comments 

on or before June 15, 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 these proposed 

regulations, address them to RoseAnn 

Ashby, U.S. Department of Education, 

400 Maryland Avenue SW., Room 5055, 

Potomac Center Plaza (PCP), 

Washington, DC 20202–2800. 

Privacy Note: The U.S. Department of 

Education’s (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: 

RoseAnn Ashby. Telephone: (202) 245– 

7258 or by email: roseann.ashby@

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 and definitions, 

we urge you to identify clearly the 

specific section of the proposed priority 

or definition 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 

and these proposed definitions. 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 5055, 

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: The purpose of 

the Demonstration and Training 

Program is to provide competitive grants 

to, or enter into contracts with, eligible 

entities to expand and improve 

rehabilitation and other services 

authorized under the Rehabilitation Act 

of 1973, as amended (Rehabilitation 

Act), or to further the purposes and 

policies in sections 2(b) and 2(c) of the 

Rehabilitation Act by supporting 

activities that increase the provision, 

extent, availability, scope, and quality of 

rehabilitation services under the 

Rehabilitation Act. 

Program Authority: 29 U.S.C. 773(b). 

Applicable Program Regulations: 34 

CFR part 373. 

Proposed Priority 

This notice contains one proposed 

priority. 

Career Pathways for Individuals With 

Disabilities 

Background 

Despite largely positive trends in U.S. 

economic indicators, including a 

declining trend in the overall 

unemployment rate,1 employers report 

difficulty finding workers with the 

specific skills and knowledge that they 

need. In the recovering economy, it is 

critical that employers have access to 

highly skilled workers to meet the 

challenges of today’s labor market. 

Individuals with disabilities comprise a 

large group of potential employees who, 

with the necessary skills and 

credentials, could help fill this unmet 

need and participate fully in the 

economy and our society. 

With nearly one in five people in the 

United States identified as having a 

disability, strategies designed to 

encourage the growth of the recovering 

economy will need to include initiatives 

to tap the skills and knowledge of this 

underutilized human resource. While 

recent data show that the labor force 

participation rate for working-age 

people with disabilities is beginning to 

increase, it is far below the rate for 

individuals without disabilities (31.1 

percent for individuals with disabilities 

compared to 75.7 percent for the 

working-age people without 

disabilities).2

One strategy for assisting individuals 

to acquire skills relevant in today’s 

economy is to develop and use a career 

pathway. By preparing workers for highdemand occupations, career pathways 

offer a promising approach for 

improving the foundation skills of 

young adults and low-skilled adults, 

including individuals with disabilities, 

and the Nation’s overall economic 

prosperity. A ‘‘career pathway,’’ as 

defined in section 3(7) of the Workforce 

Innovation and Opportunity Act 

(WIOA), is a combination of rigorous 

and high-quality education, training, 

and other services that is aligned with 

the skill needs of industries in the State 


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Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Proposed Rules 27875 

3The U.S. Department of Labor defines a 

‘‘stackable credential’’ as one that is ‘‘part of a 

sequence of credentials that can be accumulated 

over time to build up an individual’s qualifications 

and help them to move along a career pathway or 

up a career ladder to different and potentially 

higher-paying jobs.’’ (U.S. Department of Labor 

Training and Employment Guidance Letter (TEGL) 

No. 15–10; http://wdr.doleta.gov/directives/attach/

TEGL15-10.pdf) 

or regional economy and that enables 

individuals to attain a recognized 

postsecondary credential that will help 

them enter or advance within a specific 

occupation or occupational cluster. This 

definition also is included in the 

Definitions section of this notice. 

One of the benefits of a career 

pathways approach is the integration of 

educational instruction, workforce 

development, and human and social 

services and supports that are linked to 

labor market trends and employer needs 

leading to stackable credentials.3 The 

career pathways approach has wide 

support among the Federal Departments 

of Labor, Education, and Health and 

Human Services (see http://

www2.ed.gov/about/offices/list/ovae/

ten-attachment.pdf). In addition to 

issuing joint guidance, these agencies 

developed technical assistance 

resources that promote the use of career 

pathways approaches. For example, 

under the ‘‘Designing Instruction for 

Career Pathways’’ initiative, the 

Department’s Office of Career, 

Technical, and Adult Education made 

available resources to help expand the 

creation of career pathways systems in 

States and local areas. The Department 

of Labor (DOL) developed a 

comprehensive set of technical 

assistance tools, including the ‘‘Career 

Pathways Framework and Toolkit’’ and 

the ‘‘Competency Model 

Clearinghouse.’’ These materials can be 

found at DOL’s Community of Practice 

Web site, at: 

learnwork.workforce3one.org. 

The State Vocational Rehabilitation 

(VR) Services program is the primary 

Federal vehicle in the workforce 

development system for assisting 

individuals with disabilities, 

particularly individuals with the most 

significant disabilities, to prepare for, 

obtain, retain, or advance in competitive 

integrated employment. As required 

partners in the one-stop service delivery 

system established under WIOA for 

accessing employment and training 

services, State VR agencies must 

coordinate and collaborate with other 

entities, including employers, 

educational and non-educational 

agencies working with youth, and other 

agencies and programs providing 

services to individuals with disabilities. 

However, to increase the employment of 

individuals with disabilities, State VR 

agencies need employment approaches 

that are effective in assisting individuals 

to attain knowledge and skills that can 

lead to employment in high-demand 

occupations. 

Through this proposed priority, the 

Office of Special Education and 

Rehabilitative Services seeks to support 

collaborations between State VR 

agencies, secondary and postsecondary 

educational institutions, workforce 

centers and other training providers, 

human and social service agencies, 

employers, and other community 

stakeholders. These collaborations will 

demonstrate how career pathways can 

help individuals with disabilities served 

by State VR agencies to acquire the 

marketable skills and to attain 

recognized postsecondary credentials 

that lead to employment in highdemand occupations. 

References 

U.S. Census Bureau (2012). Nearly 1 in 5 

People Have a Disability in the U.S., 

Census Bureau Reports. News Release. 

https://www.census.gov/newsroom/

releases/archives/miscellaneous/cb12- 

134.html. 

U.S. Department of Labor, Bureau of Labor 

Statistics (2015). The Employment 

Situation, Economic News Release (3/6/ 

15). http://www.bls.gov/news.release/

empsit.nr0.htm. 

U.S. Department of Labor Training and 

Employment Guidance Letter (TEGL) No. 

15–10, Increasing Credential, Degree, 

and Certificate Attainment by 

Participants of the Public Workforce 

System. 

Kessler Foundation and University of New 

Hampshire. (2015). nTIDE Jobs Report: 

Rising Tide Continues to Raise Workers 

with Disabilities, Monthly Update. (3/6/ 

2015). http://us2.campaignarchive1.com/?u=767afbe8bd6db50de

03889

b40&id=eb4a1ab921&e=e235f2eadb. 

Proposed Priority 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

proposes a priority designed to 

demonstrate promising practices in the 

use of career pathways (as defined in 

this notice) in order to improve 

employment outcomes for individuals 

with disabilities (as defined in this 

notice). Specifically, the purpose of the 

proposed priority is to establish a model 

demonstration project designed to 

promote State vocational rehabilitation 

(VR) agency partnerships in the 

development and use of career 

pathways to help individuals with 

disabilities eligible for VR services, 

including youth with disabilities (as 

defined in this notice), to acquire 

marketable skills and recognized 

postsecondary credentials (as defined in 

this notice). 

Eligible Applicants: Under this 

proposed priority, an applicant must be 

either a State VR agency or a consortium 

of State VR agencies. 

Project Requirements: Under this 

proposed priority, the model 

demonstration proposed by an applicant 

must, at a minimum— 

(a) Develop and implement a 

collaborative model project 

demonstrating promising practices and 

strategies in the use of career pathways 

to improve the skills of individuals with 

disabilities, including youth with 

disabilities, and help them attain 

credentials that lead to employment in 

high-demand occupations. The model 

must be implemented at multiple sites 

to ensure its replicability. The career 

pathways must lead to one or more 

occupational clusters (as defined in this 

notice); 

(b) Establish partnerships between the 

VR agencies, employers, agencies, and 

entities that are critical to the 

development of career pathways and the 

alignment of education, training, 

employment, and human and social 

services. At a minimum, the partnership 

should include representatives from the 

public educational agency or agencies 

responsible for providing transition 

services to students with disabilities 

under the Individuals with Disabilities 

Education Act and representatives from 

two-year and four-year institutions of 

higher education, American Job Centers, 

workforce training providers (including 

apprenticeship providers), and 

employers who will work in 

collaboration to develop and provide 

postsecondary education and training 

for individuals with disabilities served 

under this project; 

(c) Include the following career 

pathway components: 

(1) Alignment of secondary and 

postsecondary education, training, 

employment, and human services with 

the skill needs of targeted industry 

sectors important to local, regional, or 

State economies; 

(2) Rigorous, sequential, connected, 

and efficient curricula that connect 

basic education and skills training 

courses and that integrate education 

with training; 

(3) Multiple entry and exit points for 

individuals with disabilities entering 

and exiting training; 

(4) Comprehensive support services 

that are designed to ensure the 

individual’s success in completing 

education and training programs: 

(i) Financial supports, career 

counseling, child care, and 

transportation; 


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(ii) Educational supports (e.g., tutors, 

on-campus supports such as writing 

labs, math labs, and disability services); 

(iii) Self-advocacy training (e.g., 

understanding how to request services 

and supports needed in the transition 

from secondary to post-secondary 

education and employment, and 

increasing knowledge of rights under 

disability laws); and 

(iv) Appropriate assistive technology 

services and devices; 

(5) Flexible design of education and 

training programs and services to meet 

the particular needs of individuals with 

disabilities, including flexible work 

schedules, alternative class times and 

locations, and the innovative use of 

technology; 

(6) Education and training programs 

that focus on the attainment of 

secondary education and recognized 

postsecondary credentials, sectorspecific employment, educational 

advancement over time and 

employment within a sector, including 

curriculum and instructional strategies 

designed to develop the following 

knowledge and skills: 

(i) Career exploration and career 

readiness skills; 

(ii) Basic academic skills needed to 

demonstrate knowledge competencies 

in an occupation or occupational 

cluster, including remedial skills to 

address gaps in basic reading, writing, 

and math skills; 

(iii) Career and technical skills 

leading to employment in technical 

careers, including employment in the 

skilled trades; and 

(iv) Soft skills (e.g., understanding 

learning styles, identifying strengths 

and weaknesses); 

(d) Collaborate with other federallyfunded career pathway initiatives 

conducting activities relevant to the 

work of its proposed project; and 

(e) Develop and conduct an 

evaluation of the project’s performance 

in achieving project goals and 

objectives, including an evaluation of 

the effectiveness of the practices and 

strategies implemented by the project. 

Application Requirements: To be 

considered for funding under this 

proposed priority, an applicant must 

meet the proposed application 

requirements in this proposed priority. 

The proposed application requirements 

are: 

(a) A detailed review of the literature 

that supports the potential effectiveness 

of the proposed model, its components, 

and processes to improve outcomes for 

individuals with disabilities; 

(b) A logic model that communicates 

how the demonstration project will 

achieve its outcomes and provides a 

framework for project evaluation. The 

logic model must depict, at a minimum, 

the goals, activities, outputs, and 

outcomes of the proposed model 

demonstration project; 

(c) A description of the applicant’s 

plan for implementing the project, 

including a description of— 

(1) A cohesive, articulated model of 

partnership and coordination among the 

participating agencies and 

organizations; 

(2) The coordinated set of promising 

practices and strategies in the use and 

development of career pathways that are 

aligned with employment, training, and 

education programs and reflect the 

needs of employers and individuals 

with disabilities; and 

(3) How the proposed project will— 

(i) Identify local workforce needs, 

aligned with the skill needs of targeted 

industry sectors important to local, 

regional, or State economies; 

(ii) Involve employers in the project 

design and in partnering with project 

staff to develop integrated community 

settings for assessments, job shadowing, 

internships, apprenticeships, and other 

paid and unpaid work experiences that 

are designed to lead to competitive 

integrated employment for individuals 

with disabilities, including youth with 

disabilities; 

(iii) Conduct outreach activities to 

identify individuals with disabilities for 

whom the career pathways approach 

would enable them to achieve 

competitive integrated employment in 

career clusters identified in their 

application; and 

(iv) Develop strategies for involving 

families that will increase the likelihood 

for successful educational and 

employment outcomes for individuals 

with disabilities. 

(d) The methods and criteria that will 

be used to select the sites at which the 

project activities will be implemented; 

(e) Evidence (e.g., letter of support or 

draft agreement) that the State VR 

agency has specific agreements with its 

partners in the development and 

implementation of the project; 

(f) A plan for evaluating the project’s 

performance, including an evaluation of 

the effectiveness of the practices and 

strategies implemented by the project, 

in achieving project goals and 

objectives. Specifically, the evaluation 

plan must include a description of: 

(1) Project goals, measurable 

objectives, and operational definitions; 

(2) the data to be collected; 

(3) how the data will be analyzed; and 

(4) the outcomes for individuals with 

disabilities served by the project 

compared with the outcomes of 

individuals with disabilities not 

receiving project services. 

(g) At a minimum, the data collected 

must include: 

(1) the relevant RSA–911 Case Service 

Report data for each project participant; 

(2) the number of participants who 

enter a career pathway; 

(3) the number of participants who 

complete training in a career pathway; 

and 

(4) the number of participants who 

attain a recognized postsecondary 

credential and the type of credentials 

attained. 

(h) A plan for systematic 

dissemination of project findings and 

knowledge gained that will assist State 

and local agencies in adapting or 

replicating the model career pathways 

developed and implemented by the 

project, which could include elements 

such as development of a Web site, 

community of practice, and 

participation in national and State 

conferences; 

(i) An assurance that the employment 

goal for all individuals served under 

this priority will be competitive 

integrated employment, including 

customized or supported employment; 

and 

(j) An assurance that the project will 

collaborate with other federally-funded 

career pathway initiatives conducting 

activities relevant to its work. 

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)). 


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Proposed Definitions 

Background 

The following definitions are 

proposed to ensure that applicants have 

a clear understanding of how we are 

using these terms in the priority. These 

definitions are based on defined 

statutory terms in WIOA, the 

Rehabilitation Act and definitions that 

the Department uses or relies on in 

other contexts. Although we cannot 

make changes to the text of statutory 

definitions, we announce them along 

with our other proposed definitions 

below to provide notice of our intent to 

use them in the context of this program. 

Proposed Definitions 

The Assistant Secretary proposes the 

following definitions for this program. 

We may apply one or more of these 

definitions in any year in which this 

program is in effect. 

Career Pathway means a combination 

of rigorous and high-quality education, 

training, and other services that— 

(a) Aligns with the skill needs of 

industries in the economy of the State 

or regional economy involved; 

(b) Prepares an individual to be 

successful in any of a full range of 

secondary or postsecondary education 

options, including apprenticeships 

registered under the Act of August 16, 

1937 (commonly known as the 

‘‘National Apprenticeship Act’’; 50 Stat. 

664, chapter 663; 29 U.S.C. 50 et seq.); 

(c) Includes counseling to support an 

individual in achieving the individual’s 

education and career goals; 

(d) Includes, as appropriate, 

education offered concurrently with and 

in the same context as workforce 

preparation activities and training for a 

specific occupation or occupational 

cluster; 

(e) Organizes education, training, and 

other services to meet the particular 

needs of an individual in a manner that 

accelerates the educational and career 

advancement of the individual to the 

extent practicable; 

(f) Enables an individual to attain a 

secondary school diploma or its 

recognized equivalent, and at least one 

recognized postsecondary credential; 

and 

(g) Helps an individual enter or 

advance within a specific occupation or 

occupational cluster. Source: Section 

3(7) of WIOA. 

Competitive integrated employment 

means work that is performed on a fulltime or part-time basis (including selfemployment)— 

(a) For which an individual— 

(1) Is compensated at a rate that— 

(i)(A) Shall be not less than the higher 

of the rate specified in section 6(a)(1) of 

the Fair Labor Standards Act of 1938 (29 

U.S.C. 206(a)(1)) or the rate specified in 

the applicable State or local minimum 

wage law; and 

(B) Is not less than the customary rate 

paid by the employer for the same or 

similar work performed by other 

employees who are not individuals with 

disabilities, and who are similarly 

situated in similar occupations by the 

same employer and who have similar 

training, experience, and skills; or 

(ii) In the case of an individual who 

is self-employed, yields an income that 

is comparable to the income received by 

other individuals who are not 

individuals with disabilities, and who 

are self-employed in similar 

occupations or on similar tasks and who 

have similar training, experience, and 

skills; and 

(2) Is eligible for the level of benefits 

provided to other employees; 

(b) That is at a location where the 

employee interacts with other persons 

who are not individuals with 

disabilities (not including supervisory 

personnel or individuals who are 

providing services to such employee) to 

the same extent that individuals who 

are not individuals with disabilities and 

who are in comparable positions 

interact with other persons; and 

(c) That, as appropriate, presents 

opportunities for advancement that are 

similar to those for other employees 

who are not individuals with 

disabilities and who have similar 

positions. Source: Section 7(5) of the 

Rehabilitation Act. 

Individual with a disability means any 

individual who— 

(a) Has a physical or mental 

impairment which for such individual 

constitutes or results in a substantial 

impediment to employment; and 

(b) Can benefit in terms of an 

employment outcome from vocational 

rehabilitation services provided 

pursuant to Title I, III, or VI of the 

Rehabilitation Act. Source: Section 

7(20) of the Rehabilitation Act. 

Occupational cluster means a group 

of occupations and broad industries 

based on common knowledge and skills, 

job requirements or worker 

characteristics. Source: Adopted from 

Career Pathways Toolkit, DOL. 

Recognized postsecondary credential 

means a credential consisting of an 

industry-recognized certificate or 

certification, a certificate of completion 

of an apprenticeship, a license 

recognized by the State involved or 

Federal Government, or an associate or 

baccalaureate degree. Source: Section 

3(52) of WIOA. 

Youth with a disability means an 

individual with a disability who— 

(a) Is not younger than 14 years of age; 

and 

(b) Is not older than 24 years of age. 

Source: Section 7(42) of the 

Rehabilitation Act. 

Final Priority 

We will announce the final priority 

and definitions in a notice in the 

Federal Register. We will determine the 

final priority and definitions 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 one or more of this priority and these 

proposed definitions, 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 

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— 


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27878 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Proposed Rules 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that 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 

and these proposed definitions only on 

a reasoned determination that their 

benefits would justify their 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. 

The benefits of the Demonstration and 

Training program have been well 

established over the years through the 

successful completion of similar 

projects. For example, the projects first 

funded in FY 2007 to demonstrate 

collaborative practices that lead to 

postsecondary education and 

employment of youth with disabilities 

have served as a rich source of practices 

for the VR field. This proposed priority 

and these proposed definitions would 

promote projects that would serve as 

models in developing and implementing 

career pathways for individuals with 

disabilities that could be replicated by 

other State VR agencies so that such 

agencies could improve employment 

outcomes for individuals with 

disabilities. 

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: May 12, 2015. 

Sue Swenson, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2015–11829 Filed 5–14–15; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AP09 

Health Care for Certain Children of 

Vietnam Veterans and Certain Korea 

Veterans—Covered Birth Defects and 

Spina Bifida 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations concerning the provisions of 

health care to birth children of Vietnam 

veterans and veterans of covered service 

in Korea diagnosed with spina bifida, 

except for spina bifida occulta, and 

certain other birth defects. The 

proposed changes would more clearly 

define the types of health care VA 

provides, including day health care and 

health-related services, which VA 

would define as homemaker or home 

health aide services that provide 

assistance with Activities of Daily 

Living or Instrumental Activities of 

Daily Living that have therapeutic 

value. We would also make changes to 

the list of health care services that 

require preauthorization by VA. 

DATES: Comments must be received by 

VA on or before July 14, 2015. 

ADDRESSES: Written comments may be 

submitted through www.regulations.gov; 

by mail or hand-delivery to the Director, 

Regulation Policy and Management 

(02REG), Department of Veterans 

Affairs, 810 Vermont Ave. NW., Room 

1068, Washington, DC 20420; or by fax 

to (202) 273–9026. Comments should 

indicate that they are submitted in 

response to ‘‘RIN 2900–AP09—Health 

Care for Certain Children of Vietnam 

Veterans and Certain Korea Veterans— 

Covered Birth Defects and Spina 

Bifida.’’ Copies of comments received 

will be available for public inspection in 

the Office of Regulation Policy and 

Management, Room 1068, between the 

hours of 8 a.m. and 4:30 p.m., Monday 

through Friday (except holidays). Please 

call (202) 461–4902 for an appointment. 

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

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket— 

Management System (FDMS) at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karyn Barrett, Director, Program 

Administration Directorate, Chief 

Business Office Purchased Care 

(10NB3), Veterans Health 

Administration, Department of Veterans 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS