Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 7433 

in a comment, be aware that the entire 

comment— including PII—may be made 

publicly available at any time. While 

you may ask in your comment to 

withhold PII from public view, USPTO 

cannot guarantee that it will be able to 

do so. 

Kimberly Hardy, 

Information Collections Officer, Office of the 

Chief Administrative Officer, United States 

Patent and Trademark Office. 

[FR Doc. 2022–02641 Filed 2–8–22; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Charter Amendment of Department of 

Defense Federal Advisory 

Committees—U.S. Air Force Scientific 

Advisory Board 

AGENCY: Department of Defense (DoD). 

ACTION: Charter amendment and name 

change of Federal Advisory Committee. 

SUMMARY: DoD is publishing this notice 

to announce that it is amending the 

charter for the U.S. Air Force Scientific 

Advisory Board and changing its name 

to the Department of the Air Force 

Scientific Advisory Board (DAF SAB). 

FOR FURTHER INFORMATION CONTACT: Jim 

Freeman, DoD Advisory Committee 

Management Officer, 703–692–5952. 

SUPPLEMENTARY INFORMATION: The U.S. 

Air Force Scientific Advisory Board will 

now be known as the DAF SAB, and its 

charter is being amended in accordance 

with the Federal Advisory Committee 

Act (FACA) (5 U.S.C., Appendix) and 41 

CFR 102–3.50(d). The charter and 

contact information for the DAF SAB’s 

Designated Federal Officer (DFO) are 

found at https://www.facadatabase.gov/ 

FACA/apex/FACAPublicAgency 

Navigation. 

The DAF SAB provides the Secretary 

of Defense and Deputy Secretary of 

Defense with independent advice and 

recommendations on matters supporting 

the Department of the Air Force’s (DAF) 

scientific and technical enterprise and 

specifically on matters pertaining to (a) 

conducting studies on topics deemed 

critical by the Secretary of the Air Force; 

(b) recommending applications of 

technology to improve DAF capabilities; 

and (c) providing independent reviews 

of the quality and relevance of the DAF 

science and technology (S&T) programs. 

The DAF SAB is composed of no more 

than 20 members who are eminent 

authorities in the fields of defense and/ 

or S&T. These members come from 

varied backgrounds such as science, 

technology, manufacturing, acquisition, 

logistics, public or private sector 

business management, Federally 

Funded Research and Development 

Centers, National Laboratories, and 

academia (universities and colleges). 

Individual members are appointed 

according to DoD policy and 

procedures, and serve a term of service 

of one-to-four years with annual 

renewals. One member will be 

appointed as Chair of the DAF SAB. No 

member, unless approved according to 

DoD policy and procedures, may serve 

more than two consecutive terms of 

service on the DAF SAB, or serve on 

more than two DoD Federal advisory 

committees at one time. 

DAF SAB members who are not fulltime or permanent part-time Federal 

civilian officers or employees, or active 

duty members of the Uniformed 

Services, are appointed as experts or 

consultants, pursuant to 5 U.S.C. 3109, 

to serve as special government 

employee members. DAF SAB members 

who are full-time or permanent parttime Federal civilian officers or 

employees, or active duty members of 

the Uniformed Services are appointed 

pursuant to 41 CFR 102–3.130(a), to 

serve as regular government employee 

members. 

All DAF SAB members are appointed 

to provide advice based on their best 

judgment without representing any 

particular point of view and in a manner 

that is free from conflict of interest. 

Except for reimbursement of official 

DAF SAB-related travel and per diem, 

members serve without compensation. 

The public or interested organizations 

may submit written statements about 

the DAF SAB’s mission and functions. 

Written statements may be submitted at 

any time or in response to the stated 

agenda of planned meeting of the DAF 

SAB. All written statements shall be 

submitted to the DFO for the DAF SAB, 

and this individual will ensure that the 

written statements are provided to the 

membership for their consideration. 

Dated: February 4, 2022. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2022–02735 Filed 2–8–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; 

Educational Technology, Media, and 

Materials for Individuals With 

Disabilities Program—Educational 

Materials in Accessible Formats for 

Eligible Children and Students With 

Disabilities 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Department of Education 

(Department) is issuing a notice inviting 

applications for new awards for fiscal 

year (FY) 2022 for Educational Materials 

in Accessible Formats for Eligible 

Children and Students with Disabilities, 

Assistance Listing Number 84.327D. 

This notice relates to the approved 

information collection under OMB 

control number 1820–0028. 

DATES: 

Applications Available: February 9, 

2022. 

Deadline for Transmittal of 

Applications: April 11, 2022. 

Deadline for Intergovernmental 

Review: June 9, 2022. 

Pre-Application Webinar Information: 

No later than 5 DAYS AFTER DATE OF 

PUBLICATION IN THE Federal 

Register, the Office of Special Education 

and Rehabilitative Services (OSERS) 

will post details on pre-recorded 

informational webinars designed to 

provide technical assistance to 

interested applicants. Links to the 

webinars may be found at www2.ed.gov/ 

fund/grant/apply/osep/new-osepgrants.html. 

ADDRESSES: For the addresses for 

obtaining and submitting an 

application, please refer to our Common 

Instructions for Applicants to 

Department of Education Discretionary 

Grant Programs, published in the 

Federal Register on December 27, 2021 

(86 FR 73264) and available at 

www.federalregister.gov/d/2021-27979. 

Please note that these Common 

Instructions supersede the version 

published on February 13, 2019, and, in 

part, describe the transition from the 

requirement to register in SAM.gov a 

Data Universal Numbering System 

(DUNS) number to the implementation 

of the Unique Entity Identifier (UEI). 

More information on the phase-out of 

DUNS numbers is available at https://

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

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Carlene Reid, U.S. Department of 


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7434 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 

1Applicants should note that other laws, 

including the Americans with Disabilities Act of 

1990 (42 U.S.C. 12101, et seq.; 28 CFR part 35) and 

section 504 of the Rehabilitation Act of 1973, as 

amended (29 U.S.C. 794; 34 CFR part 104), may 

require that State educational agencies (SEAs) and 

local educational agencies (LEAs) provide 

captioning, video description, and other accessible 

educational materials to students with disabilities 

when these materials are necessary to provide 

equally integrated and equally effective access to 

the benefits of the educational program or activity, 

or as part of a ‘‘free appropriate public education’’ 

as defined in 34 CFR 104.33. 

2For the purposes of this priority, ‘‘accessible 

format(s)’’ has the meaning given in 17 U.S.C. 

121(d)(1). 

3For the purposes of this priority, ‘‘eligible 

person’’ means an individual who meets the eligible 

person definition in 17 U.S.C. 121(d)(3) regardless 

of any other disability—(A) is blind; (B) has a visual 

impairment or perceptual or reading disability that 

cannot be improved to give visual function 

substantially equivalent to that of a person who has 

no such impairment or disability and so is unable 

to read printed works to substantially the same 

degree as a person without an impairment or 

disability; or (C) is otherwise unable, through 

physical disability, to hold or manipulate a book or 

to focus or move the eyes to the extent that would 

be normally acceptable for reading. Eligibility must 

be certified in accordance with 36 CFR 701.6(b)(2). 

4For the purposes of this priority, we are using 

the term ‘‘educational materials’’ as it is used in 

section 674(c)(1)(D) of IDEA. 5For the purposes of this priority, ‘‘eligible 

children and students’’ are eligible persons as 

defined in 17 U.S.C. 121. 

Education, 400 Maryland Avenue SW, 

Room 5083A, Potomac Center Plaza, 

Washington, DC 20202–5076. 

Telephone: (202) 245–6139. Email: 

carlene.reid@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: 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purposes of 

the Educational Technology, Media, and 

Materials for Individuals with 

Disabilities (ETechM2) Program are to 

improve results for children with 

disabilities by (1) promoting the 

development, demonstration, and use of 

technology; (2) supporting educational 

activities designed to be of educational 

value in the classroom; (3) providing 

support for captioning and video 

description that is appropriate for use in 

the classroom; and (4) providing 

accessible educational materials (AEM) 

to children with disabilities in a timely 

manner.1

Priority: This competition includes 

one absolute priority. In accordance 

with 34 CFR 75.105(b)(2)(v), this 

priority is from allowable activities 

specified in the statute (see sections 

674(c)(1)(D) and 681(d) of the 

Individuals with Disabilities Education 

Act (IDEA); 20 U.S.C. 1474(c)(1)(D) and 

1481(d)). 

Absolute Priority: For FY 2022 and 

any subsequent year in which we make 

awards from the list of unfunded 

applications from this competition, this 

priority is an absolute priority. Under 34 

CFR 75.105(c)(3), we consider only 

applications that meet this priority. 

This priority is: 

Educational Technology, Media, and 

Materials for Individuals with 

Disabilities—Educational Materials in 

Accessible Formats for Eligible Children 

and Students with Disabilities. 

Background: 

IDEA requires State educational 

agencies (SEAs) and local educational 

agencies (LEAs) to provide free 

educational materials, including 

textbooks and instructional materials, in 

accessible formats 2 to eligible early 

intervention, preschool, elementary, and 

secondary children and students in a 

timely manner (IDEA Part B, section 

612(a)(23)(B) and section 613(a)(6)(B)). 

Further, under section 504 of the 

Rehabilitation Act of 1973, as amended, 

recipients of Federal financial assistance 

that are institutions of higher education 

(IHEs), SEAs, and LEAs must provide 

educational materials in accessible 

formats as a means to accommodate 

students with disabilities, including 

those who are blind, have a visual 

impairment or perceptual or reading 

disability, or have a physical disability. 

The accessible formats are needed to 

provide these students with an equal 

educational opportunity. 34 CFR 104.4. 

Title II of the Americans with 

Disabilities Act (ADA) of 1990 is also 

applicable and requires, among other 

things, that public entities, including 

LEAs, SEAs, and public IHEs, ensure 

that students with disabilities have an 

equal opportunity to participate in a 

school’s services, programs, or activities 

and ensure that communication with 

students with disabilities is as effective 

as communication with students 

without disabilities, through the 

provision, in a timely manner, of 

auxiliary aids and services. 28 CFR 

35.130, 35.160. 

To help ensure the free distribution of 

educational materials in accessible 

formats, Congress has granted 

exceptions to copyright holders’ 

exclusive rights to replication and 

distribution through 17 U.S.C. 121 (the 

Chafee Amendment), which authorizes 

entities to reproduce or distribute copies 

of previously published works in 

accessible formats exclusively for use by 

eligible persons.3

In the 2019–2020 school year, States 

reported that there were 28,132 enrolled 

students, ages 3 through 21, receiving 

services through IDEA whose primary 

disability eligibility category was deafblindness or visual impairment 

including blindness and 2,381,411 

students had a specific learning 

disability, many of whom would 

typically qualify as having a reading or 

perceptual disability that inhibits access 

to printed educational materials (U.S. 

Department of Education, 2020). For 

more than 15 years, previous projects 

supported by the Department have 

provided equitable access to materials 

that enable access to and progress in the 

general education curriculum for more 

than 800,000 individuals who have 

downloaded more than 10,045,000 files. 

These numbers continue to grow daily 

(www.bookshare.org). In order to 

provide access to educational content 

that is otherwise denied to individuals 

with disabilities when content is 

inaccessible, the provision of AEM is 

required. The provision of AEM enables 

those individuals to access content and 

experience equal opportunity and 

benefit from their education. 

Priority: 

The purpose of this priority is to fund 

a cooperative agreement to establish and 

operate a Center that will provide free 

educational materials,4 including 

textbooks, in fully accessible media for 

eligible children and students 5 enrolled 

in early intervention, preschool, 

elementary, and secondary schools, and 

eligible students enrolled in 

postsecondary schools. This Center will 

provide high-quality AEM to eligible 

children and students with disabilities, 

including individuals from racially and 

ethnically diverse backgrounds, at no 

cost, in a timely manner including 

dedicated outreach and collaboration 

with stakeholders (including those in 

high needs communities) to increase 

awareness and use of AEM. As a 

condition of this grant, the educational 

materials and textbooks distributed by 

the Center must be in accessible formats 

that are of high quality and meet or 

exceed industry standards for 

accessibility (e.g., Web Content 

Accessibility Guidelines (WCAG) 2.1 

Level AA Standard; EPUB 3.2 

Accessibility Standards) and digital 

rights management. Processes, 

strategies, and models used in the 

production, dissemination, and in 

digital rights management must be userfriendly, efficient, and cost effective. 

The AEM distributed by the Center must 

exemplify accessibility features required 

to receive third-party certification for 

accessibility. The Center will improve 

access to text, images, charts, graphics, 


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6For the purposes of this priority, ‘‘users’’ 

includes eligible children and students, families, 

schools, SEAs, LEAs, postsecondary schools, and 

vocational rehabilitation agencies requesting AEM 

on behalf of eligible children or students. 

7For the recommendations from this report, 

please see: https://aem.cast.org/get-started/ 

resources/2011/postsecondary-advisorycommission-report 

8For more information regarding the NIMAC, 

please see: www.nimac.us. 

9Openly licensed educational resources are 

teaching, learning, and research resources that 

reside in the public domain or have been released 

under a license that permits their use, modification, 

and sharing with others. 

equations, and other expressions, 

notations, or numerical content 

included in educational materials. To 

facilitate continuous improvement and 

promote equity in access to free, highquality products and services, the 

Center will collect and analyze relevant 

data on the needs of its’ users 6 and 

barriers encountered by children and 

students eligible to use, but not 

currently using AEM. 

The Center must achieve, at a 

minimum, the following expected 

outcomes: 

(a) Improved access to text, images, 

charts, graphics, equations, and other 

expressions, notations, or numerical 

content disseminated in AEM; 

(b) An increase in the number of 

children and students accessing highquality AEM, including those in 

underserved communities (e.g., urban, 

rural, and high-poverty areas); 

(c) An increase in the number of early 

intervention providers, LEAs, and 

postsecondary schools enrolling eligible 

children or students and accessing AEM 

on behalf of eligible children and 

students; 

(d) An increase in the number of 

eligible children and students enrolling 

and accessing AEM directly from the 

Center; 

(e) An increase in the number of 

publishers and producers who create 

and disseminate student-ready 

accessible files to the Center and 

provide eligible children and students 

direct access to student-ready accessible 

files; 

(f) An increase in the number and 

quality of science, technology, 

engineering, and mathematics (STEM) 

textbooks and educational materials, 

including STEM images, graphics, 

descriptions, charts, equations, and 

other expressions, notations, or 

numerical content distributed to eligible 

children and students; 

(g) Improved implementation of a 

model or models for producing and 

disseminating educational materials in 

accessible formats for children served 

under Part C of IDEA and section 619 of 

IDEA; 

(h) Expanded or enhanced models for 

postsecondary schools to produce and 

disseminate accessible educational 

materials and textbooks that align with 

the key recommendations from the 

Advisory Commission on Accessible 

Instructional Materials in Postsecondary 

Education for Students with Disabilities 

(2011); 7 and 

(i) Increased provision of educational 

materials in accessible formats, 

including any specialized software 

needed to use the materials, at no cost 

to SEAs, LEAs, families, schools for use 

by students who are eligible to receive 

accessible materials through the 

National Instructional Materials Access 

Center (NIMAC).8

In addition to these programmatic 

requirements, to be considered for 

funding under this priority, applicants 

must meet the application and 

administrative requirements in this 

priority, which are: 

(a) Demonstrate, in the narrative 

section of the application under 

‘‘Quality of project services,’’ how the 

proposed project will— 

(1) Acquire materials from publishers 

or authorized entities and make those 

materials accessible and available as 

high-quality, user-friendly AEM, 

including digital text, braille-ready files, 

and audio formats at no cost to eligible 

children and students; 

(2) Ensure equal access and treatment 

for eligible children and students from 

groups that have traditionally been 

underrepresented based on race, color, 

national origin, gender, age, or 

disability. To meet this requirement, the 

applicant must describe how it will— 

(i) Apply knowledge of diverse 

populations, inclusive with regard to 

race, ethnicity, culture, language, and 

disability status, to determine 

preferences and respond to unmet needs 

of eligible children and students in 

selecting the materials and services 

made available by the Center; 

(ii) Use criteria to develop and 

implement processes for selecting, 

producing, and adding high-quality 

products and services to meet the needs 

of eligible children and students; and 

(iii) Increase engagement in high-need 

communities to ensure educators in 

these communities are accessing 

professional development and learning 

to support the effective use of AEM in 

their instructional practice. 

(3) Achieve its goals, objectives, and 

intended outcomes. To meet this 

requirement, the applicant must 

provide— 

(i) Measurable intended project 

outcomes; and 

(ii) A plan to implement the services 

and provide the products described in 

paragraph one of this section including 

the provision of no cost, compatible 

software for use with a variety of 

electronic devices and operating 

systems (e.g., e-readers, computers, 

smart phones, and tablets); 

(iii) A plan that focuses on improving 

the quality, timeliness, ease of use, and 

access to AEM for eligible children and 

students, including anticipating and 

responding to future needs and 

technologies across the five years of the 

project; 

(iv) A plan to ensure that eligible 

children and students will continue to 

be able to access at no cost the 

educational materials, including 

textbooks, in accessible formats, when 

the Center is no longer federally funded; 

(v) A plan to ensure that resources 

developed by the Center are, to the 

maximum extent allowable under the 

law, openly licensed 9 through an open 

licensing authority; 

(vi) A detailed digital rights 

management plan that will be 

implemented during the project and 

will protect the interests of rights 

holders while maintaining ease of 

access to AEM for eligible children and 

students; 

(vii) A plan to consult with 

publishers, software developers, other 

manufacturers of AEM for eligible 

children and students, and the NIMAC, 

to ensure that the project uses the most 

efficient, cost-effective technology 

available to provide timely access to 

AEM. This plan should also address 

strategies to provide consistent features 

across all interfaces and media formats; 

(viii) A plan to encourage and support 

the inclusion of accessibility features 

that are embedded during the 

development and production of the 

AEM by publishers and producers, 

where possible; 

(ix) A plan for how the project will 

proactively coordinate across authorized 

entities to include IHEs, SEAs, and 

LEAs to reduce costs of production and 

duplication of materials, and to improve 

the timeliness of distribution; 

(x) Information on how the project 

will collaborate with the National 

Library Service (NLS), Described and 

Captioned Media Program (DCMP), 

NIMAC, the National AEM Center, and 

other projects supporting accessibility to 

ensure awareness of work, share 

developed products to improve the 

quality of AEM, and minimize 

duplicative efforts; 

(xi) Information on how the project 

will collaborate with the National AEM 


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7436 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 

10A third-party evaluator is an independent and 

impartial program evaluator who is contracted by 

the grantee to conduct an objective evaluation of the 

project. This evaluator must not have participated 

in the development or implementation of any 

project activities, except for the evaluation 

activities, nor have any financial interest in the 

outcome of the evaluation. 

11Logic model (34 CFR 77.1) (also referred to as 

a theory of action) means a framework that 

identifies key project components of the proposed 

project (i.e., the active ‘‘ingredients’’ that are 

hypothesized to be critical to achieving the relevant 

outcomes) and describes the theoretical and 

operational relationships among the key project 

components and relevant outcomes. 

Center and other projects supporting 

accessibility to implement a plan for 

improving IHE, SEA, and LEA systems 

for providing educational material in 

accessible formats to eligible children 

and students; and 

(xii) A description of how the project 

will ensure that project activities are 

conducted in compliance with 17 U.S.C. 

121. (www.copyright.gov/title17/ 

92chap1.html#121). 

(4) Provide direct support to eligible 

children and students to address any 

technical assistance (TA) needs; 

(5) Implement outreach activities to 

systematically distribute information, 

products, and services to varied 

audiences, including underserved 

individuals and their families (e.g., 

individuals from racially, ethnically, 

linguistically diverse backgrounds and 

individuals living in poverty or 

experiencing homelessness), using a 

variety of engagement strategies, to 

promote awareness and use of the 

Center’s products and services; and 

(6) Develop a professional learning 

plan to increase awareness of AEM, 

develop educator capacity, and create 

support systems for current and future 

educators. The plan must include 

strategies to engage faculty from teacher 

preparation programs responsible for 

preparing future educators as well as 

outreach to and engagement with 

current educators to support the 

effective use of AEM in their 

instructional practice. 

(b) In the narrative section of the 

application under ‘‘Quality of the 

project evaluation,’’ include an 

evaluation plan for the project 

developed in consultation with and 

implemented by a third-party 

evaluator.10 The evaluation plan must— 

(1) Include the logic model 11 by 

which the proposed project will achieve 

its intended outcomes that depicts, at a 

minimum, the goals and how they will 

be measured, activities, outputs, and 

intended outcomes of the proposed 

project; 

(2) Describe a formative and 

summative evaluation plan, including 

important process and outcome 

evaluation questions. The plan must 

describe how the formative evaluation 

will use clear performance objectives to 

ensure continuous improvement in the 

operation of the proposed project, 

including objective measures of progress 

in implementing the project and 

ensuring quality of products and 

services. This plan should be related to 

the project’s proposed logic model 

required in paragraph (b)(1) of the 

application and administrative 

requirements in this priority; 

(3) Describe how progress in and 

fidelity of implementation, as well as 

project outcomes, will be measured to 

answer the evaluation questions. 

Specify the measures and associated 

instruments to be used so that the 

project can better meet the needs of 

current users and identify the needs of 

eligible, non-users. Identify and justify 

the sources for data appropriate to the 

evaluation questions. Include 

information regarding procedures for 

establishing reliability and validity of 

measures and data quality, where 

appropriate. Data sources must include, 

at a minimum— 

(i) Information on the numbers of free 

educational materials requested by, 

produced for, available to, distributed 

to, and accessed by eligible children and 

students; 

(ii) Information on the characteristics 

of the free educational materials (e.g., 

descriptive metadata, file types, types of 

literary work, source of materials), 

requested by, produced for, available to, 

distributed to, and accessed by eligible 

children and students; 

(iii) Information on the characteristics 

of the current users (e.g., qualifying 

disability type (visual, learning, 

physical), individualized education 

program status, 504 plan status, age, 

grade level, member type, National 

Center for Education Statistics District 

ID or Institution) who request and 

access the free educational materials; 

(4) Describe strategies for analyzing 

data and how data collected as part of 

this plan will be used to inform and 

improve product development and 

service delivery over the course of the 

project and to refine the proposed logic 

model and evaluation plan, including 

subsequent data collection; 

(5) Include cost and efficiency 

measures, or a plan for cost and 

efficiency measures, for the production 

of AEM and using information from 

those measures to incorporate the most 

efficient, cost-effective technology 

available to provide timely access to 

AEM that can be used across alternative 

media formats; 

(6) Provide a timeline for conducting 

the evaluation and include staff 

assignments for completing the plan. 

The timeline must indicate that the data 

will be available annually for the annual 

performance report (APR) and at the end 

of Year 2 for the review process 

described under the heading, Fourth 

and Fifth Years of the Project; 

(7) Dedicate sufficient funds in each 

budget year to cover the costs of 

developing or refining the evaluation 

plan in consultation with a third-party 

evaluator, as well as the costs associated 

with the implementation of the 

evaluation plan by the third-party 

evaluator. 

(c) Demonstrate, in the narrative 

section of the application under 

‘‘Adequacy of resources and quality of 

project personnel,’’ 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 carry out the 

proposed activities and 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. 

(d) 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 and how these allocations are 

appropriate and adequate to achieve the 

project’s intended outcomes; 

(3) The proposed management plan 

will ensure that the products and 

services provided are of high quality, 

relevant, and useful to recipients; and 

(4) The proposed project will benefit 

from a diversity of perspectives, 

including those of eligible children or 

students, families, educators, TA 

providers, researchers, and policy 

makers, among others, in its 

development and operation. 


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(5) The proposed project will 

establish and maintain an advisory 

committee consisting of representatives 

from an SEA and an LEA; 

representatives from community 

colleges and four-year IHEs; 

representatives from vocational 

rehabilitation agencies; eligible children 

and students, and/or parents or family 

members of eligible children or 

students; and representatives of schools 

or other institutions where AEM are 

used. The purpose of this advisory 

committee is to provide the project with 

input and ongoing advice on the 

project’s goals, objectives, products, and 

services. The project must submit the 

proposed membership of the advisory 

committee to the Office of Special 

Education Programs (OSEP) for approval 

within eight weeks after receipt of the 

award; 

(6) The project will communicate and 

collaborate on an ongoing basis with 

OSEP-funded projects (see 

www.osepideasthatwork.org/find-centeror-grant/find-a-center), including 

NIMAS-related projects. Activities 

could include jointly developing 

products, training sessions, and 

materials; and improving the AEM 

delivery system to ensure timely and 

easy access; and 

(7) The project will maintain ongoing 

communication with the OSEP project 

officer through phone conferences, 

email communication, and face-to-face 

meetings, as appropriate. 

(e) Address the following application 

requirements. The applicant must— 

(1) Include, in Appendix A, 

personnel-loading charts and timelines, 

as applicable, to illustrate the 

management plan described in the 

narrative; 

(2) Use a conceptual framework (and 

provide a copy in Appendix A) 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; 

Note: The following websites provide 

more information on logic models and 

conceptual frameworks: 

www.osepideasthatwork.org/logicModel 

and www.osepideasthatwork.org/ 

resources-grantees/program-areas/ta-ta/ 

tad-project-logic-model-and-conceptualframework. 

(3) Include, in the budget, attendance 

at the following: 

(i) A one and one-half day kick-off 

meeting in Washington, DC, or virtually, 

after receipt of the award, and an annual 

planning meeting in Washington, DC, or 

virtually, with the OSEP project officer 

and other relevant staff during each 

subsequent year of the project period. 

Note: Within 30 days of receipt of the 

award, a post-award teleconference 

must be held between the OSEP project 

officer and the grantee’s project director 

or other authorized representative; 

(ii) A two and one-half day project 

directors’ conference in Washington, 

DC, or virtually, during each year of the 

project period; 

(iii) Two annual two-day trips, or 

virtually, to attend Department 

briefings, Department-sponsored 

conferences, and other meetings, as 

requested by OSEP; and 

(iv) A one-day intensive 3+2 review 

meeting in Washington, DC, or virtually, 

during the last half of the second year 

of the project period; 

(4) Include, in the budget, a line item 

for an annual set-aside of 5 percent of 

the grant amount to support emerging 

needs that are consistent with the 

proposed project’s intended outcomes, 

as those needs are identified in 

consultation with, and approved by, the 

OSEP project officer. With approval 

from the OSEP project officer, the 

project must reallocate any remaining 

funds from this annual set-aside no later 

than the end of the third quarter of each 

budget period; and 

(5) Maintain a high-quality website, 

with an easy-to-navigate design, that 

meets or exceeds government or 

industry-recognized standards for 

accessibility; 

(6) Ensure that annual project 

progress toward meeting project goals is 

posted on the project website; and 

(7) Include, in Appendix A, an 

assurance to assist OSEP with the 

transfer of pertinent resources and 

products and to maintain the continuity 

of services to eligible children and 

students during the transition to this 

new award period and at the end of this 

award period, as appropriate. 

Fourth and Fifth Years of the Project: 

In deciding whether to continue 

funding the project for the fourth and 

fifth years, the Secretary will consider 

the requirements of 34 CFR 75.253(a), 

including— 

(a) The recommendations of a 3+2 

review team consisting of experts who 

have experience and knowledge in 

providing educational materials in 

accessible formats for eligible children 

and students with disabilities. This 

review will be conducted during a oneday intensive meeting that will be held 

during the last half of the second year 

of the project period; 

(b) The timeliness with which, and 

how well, the requirements of the 

negotiated cooperative agreement have 

been or are being met by the project; and 

(c) The quality, relevance, and 

usefulness of the project’s products and 

services and the extent to which the 

project’s products and services are 

aligned with the project’s objectives and 

likely to result in the project achieving 

its intended outcomes. 

Under 34 CFR 75.253, the Secretary 

may reduce continuation awards or 

discontinue awards in any year of the 

project period for excessive carryover 

balances or a failure to make substantial 

progress. The Department intends to 

closely monitor unobligated balances 

and substantial progress under this 

program and may reduce or discontinue 

funding accordingly. 

References: 

Advisory Commission on Accessible 

Instructional Materials in Postsecondary 

Education. (December 6, 2011). Report of 

the Advisory Commission on Accessible 

Instructional Materials in Postsecondary 

Education for Students with Disabilities. 

Advisory Commission on AIM in 

Postsecondary Education. http:// 

aem.cast.org/about/publications/2011/ 

postsecondary-advisory-commissionreport.html 

U.S. Department of Education. 2020. IDEA 

section 618 data products: Static tables 

(2019–2020). http://www2.ed.gov/ 

programs/osepidea/618-data/statictables/index.html#partb-cc. 

Waiver of Proposed Rulemaking: 

Under the Administrative Procedure Act 

(APA) (5 U.S.C. 553) the Department 

generally offers interested parties the 

opportunity to comment on proposed 

priorities. Section 681(d) of IDEA, 

however, makes the public comment 

requirements of the APA inapplicable to 

the priority in this notice. 

Program Authority: 20 U.S.C. 1474 

and 1481. 

Note: Projects will be awarded and 

must be operated in a manner consistent 

with the nondiscrimination 

requirements contained in Federal civil 

rights laws. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations in 34 CFR 

parts 75, 77, 79, 81, 82, 84, 86, 97, 98, 

and 99. (b) The Office of Management 

and Budget Guidelines to Agencies on 

Governmentwide Debarment and 

Suspension (Nonprocurement) in 2 CFR 

part 180, as adopted and amended as 

regulations of the Department in 2 CFR 

part 3485. (c) The Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards in 2 CFR part 200, as 

adopted and amended as regulations of 

the Department in 2 CFR part 3474. 

Note: The regulations in 34 CFR part 

79 apply to all applicants except 

federally recognized Indian Tribes. 


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7438 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 

Note: The regulations in 34 CFR part 

86 apply to IHEs only. 

II. Award Information 

Type of Award: Cooperative 

agreement. 

Estimated Available Funds: The 

Administration has requested 

$29,547,000 for the Educational 

Technology, Media, and Materials for 

Individuals with Disabilities program 

for FY 2022, of which we intend to use 

an estimated $8,500,000 for this 

competition. The actual level of 

funding, if any, depends on final 

congressional action. However, we are 

inviting applications to allow enough 

time to complete the grant process if 

Congress appropriates funds for this 

program. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards in FY 

2023 from the list of unfunded 

applications from this competition. 

Maximum Award: We will not make 

an award exceeding $8,500,000 for a 

single budget period of 12 months. 

Estimated Number of Awards: 1. 

Note: The Department is not bound by 

any estimates in this notice. 

Project Period: Up to 60 months. 

III. Eligibility Information 

1. Eligible Applicants: SEAs; State 

lead agencies under Part C of IDEA; 

LEAs, including public charter schools 

that are considered LEAs under State 

law; IHEs; other public agencies; private 

nonprofit organizations; freely 

associated States and outlying areas; 

Indian Tribes or Tribal organizations; 

and for-profit organizations. 

2. a. Cost Sharing or Matching: This 

competition does not require cost 

sharing or matching. 

b. Indirect Cost Rate Information: This 

program uses an unrestricted indirect 

cost rate. For more information 

regarding indirect costs, or to obtain a 

negotiated indirect cost rate, please see 

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

intro.html. 

c. Administrative Cost Limitation: 

This program does not include any 

program-specific limitation on 

administrative expenses. All 

administrative expenses must be 

reasonable and necessary and conform 

to Cost Principles described in 2 CFR 

part 200 subpart E of the Uniform 

Guidance. 

3. Subgrantees: A grantee under this 

competition may not award subgrants to 

entities to directly carry out project 

activities described in its application. 

Under 34 CFR 75.708(e), a grantee may 

contract for supplies, equipment, and 

other services in accordance with 2 CFR 

part 200. 

4. Other General Requirements: 

a. Recipients of funding under this 

competition must make positive efforts 

to employ and advance in employment 

qualified individuals with disabilities 

(see section 606 of IDEA). 

b. Applicants for, and recipients of, 

funding must, with respect to the 

aspects of their proposed project 

relating to the absolute priority, involve 

individuals with disabilities, or parents 

of individuals with disabilities ages 

birth through 26, in planning, 

implementing, and evaluating the 

project (see section 682(a)(1)(A) of 

IDEA). 

IV. Application and Submission 

Information 

1. Application Submission 

Instructions: Applicants are required to 

follow the Common Instructions for 

Applicants to Department of Education 

Discretionary Grant Programs, 

published in the Federal Register on 

December 27, 2021 (86 FR 73264) and 

available at www.federalregister.gov/d/ 

2021–27979. Please note that these 

Common Instructions supersede the 

version published on February 13, 2019, 

and, in part, describe the transition from 

the requirement to register in SAM.gov 

a Data Universal Numbering System 

(DUNS) number to the implementation 

of the Unique Entity Identifier (UEI). 

More information on the phase-out of 

DUNS numbers is available at https:// 

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

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

2. Intergovernmental Review: This 

competition is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. Information about 

Intergovernmental Review of Federal 

Programs under Executive Order 12372 

is in the application package for this 

competition. 

3. Funding Restrictions: We reference 

regulations outlining funding 

restrictions in the Applicable 

Regulations section of this notice. 

4. Recommended Page Limit: The 

application narrative is where you, the 

applicant, address the selection criteria 

that reviewers use to evaluate your 

application. We recommend that you (1) 

limit the application narrative to no 

more than 70 pages and (2) use the 

following standards: 

• A ‘‘page’’ is 8.5′′ x 11′′, on one side 

only, with 1′′ margins at the top, bottom, 

and both sides. 

• Double-space (no more than three 

lines per vertical inch) all text in the 

application narrative, including titles, 

headings, footnotes, quotations, 

reference citations, and captions, as well 

as all text in charts, tables, figures, 

graphs, and screen shots. 

• Use a font that is 12 point or larger. 

• Use one of the following fonts: 

Times New Roman, Courier, Courier 

New, or Arial. 

The recommended page limit does not 

apply to the cover sheet; the budget 

section, including the narrative budget 

justification; the assurances and 

certifications; or the abstract (follow the 

guidance provided in the application 

package for completing the abstract), the 

table of contents, the list of priority 

requirements, the resumes, the reference 

list, the letters of support, or the 

appendices. However, the 

recommended page limit does apply to 

all of the application narrative, 

including all text in charts, tables, 

figures, graphs, and screen shots. 

V. Application Review Information 

1. Selection Criteria: The selection 

criteria for this competition are from 34 

CFR 75.210 and are listed below: 

(a) Quality of project services (30 

points). 

(1) The Secretary considers the 

quality of the services to be provided by 

the proposed project. 

(2) In determining the quality of the 

services to be provided by the proposed 

project, the Secretary considers the 

quality and sufficiency of strategies for 

ensuring equal access and treatment for 

eligible project participants who are 

members of groups that have 

traditionally been underrepresented 

based on race, color, national origin, 

gender, age, or disability. 

(3) In addition, the Secretary 

considers the following factors: 

(i) The extent to which the goals, 

objectives, and outcomes to be achieved 

by the proposed project are clearly 

specified and measurable. 

(ii) The likely impact of the services 

to be provided by the proposed project 

on the intended recipients of those 

services. 

(iii) The extent to which the services 

to be provided by the proposed project 

reflect up-to-date knowledge from 

research and effective practice. 

(iv) The extent to which the training 

or professional development services to 

be provided by the proposed project are 

of sufficient quality, intensity, and 

duration to lead to improvements in 

practice among the recipients of those 

services. 

(v) The extent to which the technical 

assistance services to be provided by the 

proposed project involve the use of 

efficient strategies, including the use of 

technology, as appropriate, and the 

leveraging of non-project resources. 


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(b) Quality of the project evaluation 

(30 points). 

(1) The Secretary considers the 

quality of the evaluation to be 

conducted of the proposed project. 

(2) In determining the quality of the 

evaluation, the Secretary considers the 

following factors: 

(i) The extent to which the methods 

of evaluation are thorough, feasible, and 

appropriate to the goals, objectives, and 

outcomes of the proposed project. 

(ii) The extent to which the methods 

of evaluation provide for examining the 

effectiveness of project implementation 

strategies. 

(iii) The extent to which the methods 

of evaluation will provide timely 

guidance for quality assurance. 

(iv) The extent to which the methods 

of evaluation will provide performance 

feedback and permit periodic 

assessment of progress toward achieving 

intended outcomes. 

(v) The extent to which the methods 

of evaluation will provide valid and 

reliable performance data on relevant 

outcomes. 

(c) Adequacy of resources and quality 

of project personnel (20 points). 

(1) The Secretary considers the 

adequacy of resources for the proposed 

project and the quality of the personnel 

who will carry out the proposed project. 

(2) In determining the quality of 

project personnel, the Secretary 

considers the extent to which the 

applicant encourages 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. 

(3) In addition, the Secretary 

considers the following factors: 

(i) The qualifications, including 

relevant training and experience, of the 

project director or principal 

investigator. 

(ii) The qualifications, including 

relevant training and experience, of key 

project personnel. 

(iii) The qualifications, including 

relevant training and experience, of 

project consultants or subcontractors. 

(iv) The qualifications, including 

relevant training, experience, and 

independence, of the evaluator. 

(v) The adequacy of support, 

including facilities, equipment, 

supplies, and other resources, from the 

applicant organization or the lead 

applicant organization. 

(vi) The relevance and demonstrated 

commitment of each partner in the 

proposed project to the implementation 

and success of the project. 

(vii) The extent to which the budget 

is adequate to support the proposed 

project. 

(viii) The extent to which the costs are 

reasonable in relation to the objectives, 

design, and potential significance of the 

proposed project. 

(d) Quality of the management plan 

(20 points). 

(1) The Secretary considers the 

quality of the management plan for the 

proposed project. 

(2) In determining the quality of the 

management plan for the proposed 

project, the Secretary considers the 

following factors: 

(i) The adequacy of the management 

plan to achieve the objectives of the 

proposed project on time and within 

budget, including clearly defined 

responsibilities, timelines, and 

milestones for accomplishing project 

tasks. 

(ii) The extent to which the time 

commitments of the project director and 

principal investigator and other key 

project personnel are appropriate and 

adequate to meet the objectives of the 

proposed project. 

(iii) The adequacy of mechanisms for 

ensuring high-quality products and 

services from the proposed project. 

(iv) How the applicant will ensure 

that a diversity of perspectives are 

brought to bear in the operation of the 

proposed project, including those of 

parents, teachers, the business 

community, a variety of disciplinary 

and professional fields, recipients or 

beneficiaries of services, or others, as 

appropriate. 

2. Review and Selection Process: We 

remind potential applicants that in 

reviewing applications in any 

discretionary grant competition, the 

Secretary may consider, under 34 CFR 

75.217(d)(3), the past performance of the 

applicant in carrying out a previous 

award, such as the applicant’s use of 

funds, achievement of project 

objectives, and compliance with grant 

conditions. The Secretary may also 

consider whether the applicant failed to 

submit a timely performance report or 

submitted a report of unacceptable 

quality. 

In addition, in making a competitive 

grant award, the Secretary requires 

various assurances, including those 

applicable to Federal civil rights laws 

that prohibit discrimination in programs 

or activities receiving Federal financial 

assistance from the Department (34 CFR 

100.4, 104.5, 106.4, 108.8, and 110.23). 

3. Additional Review and Selection 

Process Factors: In the past, the 

Department has had difficulty finding 

peer reviewers for certain competitions 

because so many individuals who are 

eligible to serve as peer reviewers have 

conflicts of interest. The standing panel 

requirements under section 682(b) of 

IDEA also have placed additional 

constraints on the availability of 

reviewers. Therefore, the Department 

has determined that for some 

discretionary grant competitions, 

applications may be separated into two 

or more groups and ranked and selected 

for funding within specific groups. This 

procedure will make it easier for the 

Department to find peer reviewers by 

ensuring that greater numbers of 

individuals who are eligible to serve as 

reviewers for any particular group of 

applicants will not have conflicts of 

interest. It also will increase the quality, 

independence, and fairness of the 

review process, while permitting panel 

members to review applications under 

discretionary grant competitions for 

which they also have submitted 

applications. 

4. Risk Assessment and Specific 

Conditions: Consistent with 2 CFR 

200.206, before awarding grants under 

this competition the Department 

conducts a review of the risks posed by 

applicants. Under 2 CFR 200.208, the 

Secretary may impose specific 

conditions, and under 2 CFR 3474.10, in 

appropriate circumstances, high-risk 

conditions on a grant if the applicant or 

grantee is not financially stable; has a 

history of unsatisfactory performance; 

has a financial or other management 

system that does not meet the standards 

in 2 CFR part 200, subpart D; has not 

fulfilled the conditions of a prior grant; 

or is otherwise not responsible. 

5. Integrity and Performance System: 

If you are selected under this 

competition to receive an award that 

over the course of the project period 

may exceed the simplified acquisition 

threshold (currently $250,000), under 2 

CFR 200.206(a)(2) we must make a 

judgment about your integrity, business 

ethics, and record of performance under 

Federal awards—that is, the risk posed 

by you as an applicant—before we make 

an award. In doing so, we must consider 

any information about you that is in the 

integrity and performance system 

(currently referred to as the Federal 

Awardee Performance and Integrity 

Information System (FAPIIS)), 

accessible through the System for 

Award Management. You may review 

and comment on any information about 

yourself that a Federal agency 

previously entered and that is currently 

in FAPIIS. 

Please note that, if the total value of 

your currently active grants, cooperative 

agreements, and procurement contracts 

from the Federal Government exceeds 

$10,000,000, the reporting requirements 

in 2 CFR part 200, Appendix XII, 

require you to report certain integrity 

information to FAPIIS semiannually. 


lotter on DSK11XQN23PROD with NOTICES1
7440 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 

Please review the requirements in 2 CFR 

part 200, Appendix XII, if this grant 

plus all the other Federal funds you 

receive exceed $10,000,000. 

6. In General: In accordance with the 

Office of Management and Budget’s 

guidance located at 2 CFR part 200, all 

applicable Federal laws, and relevant 

Executive guidance, the Department 

will review and consider applications 

for funding pursuant to this notice 

inviting applications in accordance 

with— 

(a) Selecting recipients most likely to 

be successful in delivering results based 

on the program objectives through an 

objective process of evaluating Federal 

award applications (2 CFR 200.205); 

(b) Prohibiting the purchase of certain 

telecommunication and video 

surveillance services or equipment in 

alignment with section 889 of the 

National Defense Authorization Act of 

2019 (Pub. L. 115—232) (2 CFR 

200.216); 

(c) Providing a preference, to the 

extent permitted by law, to maximize 

use of goods, products, and materials 

produced in the United States (2 CFR 

200.322); and 

(d) Terminating agreements in whole 

or in part to the greatest extent 

authorized by law if an award no longer 

effectuates the program goals or agency 

priorities (2 CFR 200.340). 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN); or we may send you an email 

containing a link to access an electronic 

version of your GAN. We may notify 

you informally, also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Open Licensing Requirements: 

Unless an exception applies, if you are 

awarded a grant under this competition, 

you will be required to openly license 

to the public grant deliverables created 

in whole, or in part, with Department 

grant funds. When the deliverable 

consists of modifications to pre-existing 

works, the license extends only to those 

modifications that can be separately 

identified and only to the extent that 

open licensing is permitted under the 

terms of any licenses or other legal 

restrictions on the use of pre-existing 

works. Additionally, a grantee that is 

awarded competitive grant funds must 

have a plan to disseminate these public 

grant deliverables. This dissemination 

plan can be developed and submitted 

after your application has been 

reviewed and selected for funding. For 

additional information on the open 

licensing requirements please refer to 2 

CFR 3474.20. 

4. Reporting: (a) If you apply for a 

grant under this competition, you must 

ensure that you have in place the 

necessary processes and systems to 

comply with the reporting requirements 

in 2 CFR part 170 should you receive 

funding under the competition. This 

does not apply if you have an exception 

under 2 CFR 170.110(b). 

(b) At the end of your project period, 

you must submit a final performance 

report, including financial information, 

as directed by the Secretary. If you 

receive a multiyear award, you must 

submit an annual performance report 

that provides the most current 

performance and financial expenditure 

information as directed by the Secretary 

under 34 CFR 75.118. The Secretary 

may also require more frequent 

performance reports under 34 CFR 

75.720(c). For specific requirements on 

reporting, please go to www.ed.gov/ 

fund/grant/apply/appforms/ 

appforms.html. 

5. Performance Measures: For the 

purposes of Department reporting under 

34 CFR 75.110, we have established a 

set of performance measures, including 

long-term measures, that are designed to 

yield information on various aspects of 

the effectiveness and quality of the 

ETechM2 Program. These measures are: 

• Program Performance Measure #1: 

The percentage of ETechM2 Program 

products and services judged to be of 

high quality by an independent review 

panel of experts qualified to review the 

substantial content of the products and 

services. 

• Program Performance Measure #2: 

The percentage of ETechM2 Program 

products and services judged to be of 

high relevance to improving outcomes 

for infants, toddlers, children, and 

youth with disabilities. 

• Program Performance Measure #3: 

The percentage of ETechM2 Program 

products and services judged to be 

useful in improving results for infants, 

toddlers, children, and youth with 

disabilities. 

• Program Performance Measure 

#4.1: The Federal cost per unit of 

accessible educational materials funded 

by the ETechM2 Program. 

• Program Performance Measure 

#4.2: The Federal cost per unit of 

accessible educational materials from 

the National Instructional Materials 

Access Center funded by the ETechM2 

Program. 

• Program Performance Measure 

#4.3: The Federal cost per unit of video 

description funded by the ETechM2 

Program. 

The measures apply to projects 

funded under this competition, and 

grantees are required to submit data on 

these measures as directed by OSEP. 

Grantees will be required to report 

information on their project’s 

performance in annual and final 

performance reports to the Department 

(34 CFR 75.590 and 75.591). 

The Department will also closely 

monitor the extent to which the 

products and services provided by the 

Center meet needs identified by 

stakeholders and may require the Center 

to report on such alignment in their 

quarterly, annual, and final performance 

reports. 

6. Continuation Awards: In making a 

continuation award under 34 CFR 

75.253, the Secretary considers, among 

other things: Whether a grantee has 

made substantial progress in achieving 

the goals and objectives of the project; 

whether the grantee has expended funds 

in a manner that is consistent with its 

approved application and budget; and, 

if the Secretary has established 

performance measurement 

requirements, the performance targets in 

the grantee’s approved application. 

In making a continuation award, the 

Secretary also considers whether the 

grantee is operating in compliance with 

the assurances in its approved 

application, including those applicable 

to Federal civil rights laws that prohibit 

discrimination in programs or activities 

receiving Federal financial assistance 

from the Department (34 CFR 100.4, 

104.5, 106.4, 108.8, and 110.23). 

VII. Other Information 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document and a copy of the 

application package in an accessible 

format. The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 7441 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Katherine Neas, 

Deputy Assistant Secretary, delegated the 

authority to perform the functions and duties 

of the Assistant Secretary for the Office of 

Special Education and Rehabilitative 

Services. 

[FR Doc. 2022–02688 Filed 2–8–22; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project 2879–000] 

Green Mountain Power Corporation; 

Notice of Authorization for Continued 

Project Operation 

On January 30, 2020, Green Mountain 

Power Corporation, licensee for the 

Bolton Falls Hydroelectric Project No. 

2879, filed an Application for a New 

Major License for Bolton Falls 

Hydroelectric Project pursuant to the 

Federal Power Act (FPA) and the 

Commission’s regulations thereunder. 

The Bolton Falls Hydroelectric Project is 

located on the Winooski River in 

Washington County, Vermont. 

The license for Project No. 2879 was 

issued for a period ending January 31, 

2022. Section 15(a)(1) of the FPA, 16 

U.S.C. 808(a)(1), requires the 

Commission, at the expiration of a 

license term, to issue from year-to-year 

an annual license to the then licensee(s) 

under the terms and conditions of the 

prior license until a new license is 

issued, or the project is otherwise 

disposed of as provided in section 15 or 

any other applicable section of the FPA. 

If the project’s prior license waived the 

applicability of section 15 of the FPA, 

then, based on section 9(b) of the 

Administrative Procedure Act, 5 U.S.C. 

558(c), and as set forth at 18 CFR 

16.21(a), if the licensee of such project 

has filed an application for a subsequent 

license, the licensee may continue to 

operate the project in accordance with 

the terms and conditions of the license 

after the minor or minor part license 

expires, until the Commission acts on 

its application. If the licensee of such a 

project has not filed an application for 

a subsequent license, then it may be 

required, pursuant to 18 CFR 16.21(b), 

to continue project operations until the 

Commission issues someone else a 

license for the project or otherwise 

orders disposition of the project. 

If the project is subject to section 15 

of the FPA, notice is hereby given that 

an annual license for Project No. 2879 

is issued to Green Mountain Power 

Corporation, for a period effective 

February 1, 2022 through January 30, 

2023 or until the issuance of a new 

license for the project or other 

disposition under the FPA, whichever 

comes first. If issuance of a new license 

(or other disposition) does not take 

place on or before January 30, 2023, 

notice is hereby given that, pursuant to 

18 CFR 16.18(c), an annual license 

under section 15(a)(1) of the FPA is 

renewed automatically without further 

order or notice by the Commission, 

unless the Commission orders 

otherwise. 

If the project is not subject to section 

15 of the FPA, notice is hereby given 

that Green Mountain Power 

Corporation, is authorized to continue 

operation of the Bolton Falls 

Hydroelectric Project, until such time as 

the Commission acts on its application 

for a new major license. 

Dated: February 3, 2022. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2022–02704 Filed 2–8–22; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 15230–001] 

Pike Island Hydropower Corporation; 

Notice of Intent To File License 

Application, Filing of Pre-Application 

Document, Approving Use of the 

Traditional Licensing Process 

a. Type of Filing: Notice of Intent to 

File License Application and Request to 

Use the Traditional Licensing Process. 

b. Project No.: 15230–001. 

c. Date Filed: August 2, 2021. 

d. Submitted By: Pike Island 

Hydropower Corporation. 

e. Name of Project: Pike Island Locks 

and Dam Hydroelectric Project. 

f. Location: At the U.S. Army Corps of 

Engineers’ (Corps) Pike Island Locks 

and Dam on the Ohio River near the 

Village of Yorkville in Belmont and 

Jefferson Counties, Ohio, and Ohio 

County, West Virginia. The project 

would occupy federal land administered 

by the Corps. 

g. Filed Pursuant to: 18 CFR 5.3 of the 

Commission’s regulations. 

h. Potential Applicant Contact(s): Mr. 

Joel Herm, P.O. Box 224, Rhinebeck, 

12572–0224; (917) 224–3607; joel@

currenthydro.com. 

i. FERC Contact: Jay Summers at (202) 

502–8764; or at jay.summers@ferc.gov. 

j. Pike Island Hydropower 

Corporation filed its request to use the 

Traditional Licensing Process on August 

2, 2021, and provided public notice of 

its request on August 2, 2021 and 

August 9, 2021. In a letter dated 

February 3, 2022, the Director of the 

Division of Hydropower Licensing 

approved Pike Island Hydropower 

Corporation’s request to use the 

Traditional Licensing Process. 

k. With this notice, we are initiating 

informal consultation with the U.S. Fish 

and Wildlife Service under section 7 of 

the Endangered Species Act and the 

joint agency regulations thereunder at 

50 CFR, Part 402; and NOAA Fisheries 

under section 305(b) of the MagnusonStevens Fishery Conservation and 

Management Act and implementing 

regulations at 50 CFR 600.920. We are 

also initiating consultation with the 

Ohio and West Virginia State Historic 

Preservation Officers, as required by 

section 106, National Historic 

Preservation Act, and the implementing 

regulations of the Advisory Council on 

Historic Preservation at 36 CFR 800.2. 

l. With this notice, we are designating 

Pike Island Hydropower Corporation as 

the Commission’s non-federal 

representative for carrying out informal 

consultation pursuant to section 7 of the 

Endangered Species Act; and 

consultation pursuant to section 106 of 

the National Historic Preservation Act. 

m. Pike Island Hydropower 

Corporation filed a Pre-Application 

Document (PAD; including a proposed 

process plan and schedule) with the 

Commission, pursuant to 18 CFR 5.6 of 

the Commission’s regulations. 

n. A copy of the PAD may be viewed 

and/or printed on the Commission’s 

website (http://www.ferc.gov), using the 

‘‘eLibrary’’ link. Enter the docket 

number, excluding the last three digits 

in the docket number field to access the 

document. At this time, the Commission 


lotter on DSK11XQN23PROD with NOTICES1