5778 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 

Authority: 27 U.S.C. 205 and 207. 

Subpart E—Mandatory Label 

Information 

■ 12. Amend § 7.63 by adding paragraph 

(b)(5) to read as follows 

§ 7.63 Mandatory label information. 

* * * * * 

(b) * * * 

(5) Major food allergens. If any major 

food allergen as defined in § 7.75 is used 

in the production of a malt beverage, the 

label must include a statement as 

required by that section. 

§§ 7.71 through 7.74 [Reserved] 

■ 13. Add reserved §§ 7.71 through 7.74. 

Subpart F—[Amended] 

■ 14. Amend subpart F by removing the 

undesignated center heading ‘‘Food 

Allergen Labeling’’ preceding § 7.82. 

§§ 7.82 and 7.83 [Redesignated as §§ 7.75 

and 7.76] 

■ 15. Redesignate §§ 7.82 and 7.83 as 

§§ 7.75 and 7.76, respectively, in 

subpart F. 

■ 16. Amend newly redesignated § 7.75 

by revising the section heading and 

paragraphs (a)(1)(i), (b), and (c) to read 

as follows: 

§ 7.75 Mandatory labeling of major food 

allergens. 

(a) * * * 

(1) * * * 

(i) Milk, egg, fish (for example, bass, 

flounder, or cod), Crustacean shellfish 

(for example, crab, lobster, or shrimp), 

tree nuts (for example, almonds, pecans, 

or walnuts), wheat, peanuts, soybeans, 

and sesame; or 

* * * * * 

(b) Labeling requirements. All major 

food allergens (defined in paragraph 

(a)(1) of this section) used in the 

production of a malt beverage, including 

major food allergens used as incidental 

additives, such as processing aids, must 

be declared on a label affixed to the 

container, except when covered by a 

petition for exemption approved by the 

appropriate TTB officer under § 7.76. 

The declaration must consist of the 

words ‘‘Contains Major Food 

Allergen(s)’’ followed by a colon and the 

name of the food source from which 

each major food allergen is derived (for 

example, ‘‘Contains Major Food 

Allergen: milk’’ or ‘‘Contains Major 

Food Allergens: wheat and milk’’), 

except that the declaration of processing 

aids (such as clarifying agents) may 

optionally include the parenthetical 

explanation (‘‘processing aid’’) 

immediately following the name of the 

major food allergen (for example, 

‘‘Contains Major Food Allergen: egg 

(processing aid).’’ 

(c) Cross reference. For labeling 

requirements applicable to malt 

beverages containing FD&C Yellow No. 

5, cochineal extract or carmine, sulfites, 

and aspartame, see § 7.63(b)(1) through 

(4). 

§ 7.76 [Amended] 

■ 17. Amend newly redesignated § 7.76 

in paragraph (a) introductory text by 

removing ‘‘7.82’’ and adding in its place 

‘‘7.75’’ and in paragraph (a)(2) by 

removing ‘‘7.82(a)(1)(i)’’ and adding in 

its place ‘‘7.75(a)(1)(i)’’. 

§§ 7.82 and 7.83 [Reserved] 

■ 18. Add reserved §§ 7.82 and 7.83. 

Signed: January 10, 2025. 

Mary G. Ryan, 

Administrator. 

Approved: January 10, 2025. 

Aviva Aron-Dine, 

Deputy Assistant Secretary (Tax Policy). 

[FR Doc. 2025–00955 Filed 1–16–25; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2025–OSERS–0003] 

Rehabilitation Training Program— 

National Vocational Rehabilitation 

Technical Assistance Center 

AGENCY: Office of Special Education and 

Rehabilitative Services (OSERS), 

Department of Education. 

ACTION: Proposed priority, requirements, 

and definitions. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a priority, 

requirements, and definitions under the 

Rehabilitation Training program. The 

Assistant Secretary may use the priority, 

requirements, and definitions for 

competitions in fiscal year (FY) 2025 

and later years. We intend to use the 

priority, requirements, and definitions 

to fund a cooperative agreement to 

establish a national vocational 

rehabilitation technical assistance 

center (NVRTAC) to provide training 

and technical assistance to personnel of 

State VR agencies and their partners to 

upgrade and increase their 

competencies, skills, and knowledge in 

providing quality services and effective 

management of the VR program. 

DATES: We must receive your comments 

on or before February 18, 2025. 

ADDRESSES: Comments must be 

submitted via the Federal eRulemaking 

Portal at www.regulations.gov. However, 

if you require an accommodation or 

cannot otherwise submit your 

comments via www.regulations.gov, 

please contact the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. The Department 

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 ‘‘FAQ.’’ 

Privacy Note: The Department’s 

policy is to make all comments received 

from members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information they wish to make publicly 

available. 

FOR FURTHER INFORMATION CONTACT: 

Roslyn Thomas, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Lyndon Baines Johnson Building, Room 

4A10, Washington, DC 20202. 

Telephone: (202) 987–0105. Email: 

84.264L@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

A brief summary of the rule is 

available at www.regulations.gov/ 

docket/ED-2025-OSERS-0003. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding the 

proposed priority, requirements, and 

definitions. To ensure that your 

comments have maximum effect in 

developing the notice of final priority, 

requirements, and definitions, we urge 

you to clearly identify the specific 

priority, requirement, or definition that 

each comment addresses. 

Specific Requests for Comment: The 

Department is particularly interested in 

comments regarding the best way for the 

NVRTAC to prioritize among VR 

agencies needing intensive training and 

technical assistance. We are also 

interested in comments regarding 

whether the project requirements and 

related activities under the proposed 

priority reflect the greatest needs in the 

field and can assist the State VR 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 5779 

1The VR program is administered by 78 VR 

agencies at the State level, which includes the 50 

States, the District of Columbia, the Commonwealth 

of Puerto Rico, American Samoa, Guam, the 

Commonwealth of the Northern Mariana Islands, 

and the U.S. Virgin Islands. Section 101(a)(2) of the 

Rehabilitation Act provides States with flexibility 

in the organizational structures they choose to 

administer and operate the VR program, which 

includes the ability to establish separate agencies 

that serve only individuals who are blind or 

visually impaired. Currently, there are 22 VR 

agencies serving only individuals who are blind or 

visually impaired, 22 VR agencies serving 

individuals with all other disabilities, and 34 VR 

agencies serving individuals with all types of 

disabilities, including blindness and visual 

impairments. 

2Matching requirements: (1) Federal share— 

Except as provided in paragraph (a)(2) of this 

section, the Federal share for expenditures made by 

the State under the vocational rehabilitation 

services portion of the Unified or Combined State 

Plan, including expenditures for the provision of 

vocational rehabilitation services and the 

administration of the vocational rehabilitation 

services portion of the Unified or Combined State 

Plan, is 78.7 percent. (2) Non-federal share: Except 

as provided in paragraph (b)(2) and (b)(3) of this 

section, expenditures made under the vocational 

rehabilitation services portion of the Unified or 

Combined State Plan to meet the non-federal share 

under this section must be consistent with the 

provisions of 2 CFR 200.306(b). For further 

information, please see 34 CFR 361. 

3Under 34 CFR 361.5(c)(9), competitive 

integrated employment means work that meets the 

following criteria concerning (1) compensation, (2) 

work location, and (3) career advancement. First, 

individuals with disabilities must be paid at least 

minimum wage, but at the same rate employees 

without disabilities, and be eligible for benefits as 

provided to employees without disabilities. Second, 

the work location is typically found in the 

community and where the employee with a 

disability interacts during the course of their duties 

with other employees without disabilities and 

customers and vendors without disabilities. Third, 

employees with disabilities are provided the same 

opportunities for career advancement as employees 

without disabilities in similar positions, as 

appropriate. 

agencies to improve their program and 

financial management and performance. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 

12866, 13563, and 14094 and their 

overall requirement of reducing 

regulatory burden that might result from 

the proposed priority, requirements, and 

definitions. Please let us know of any 

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 the proposed priority, 

requirements, and definitions by 

accessing Regulations.gov. To inspect 

comments in person, 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 the proposed priority, 

requirements, and definitions. 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 

this program is to provide competitive 

grants, including cooperative 

agreements, to, or enter into contracts 

with, eligible entities to expand and 

improve the provision of vocational 

rehabilitation and other services 

authorized under the Rehabilitation Act 

of 1973 (Rehabilitation Act) or to further 

the purposes and policies in sections 

2(b) and (c) of the Rehabilitation Act by 

supporting activities that increase the 

provision, extent, availability, scope, 

and quality of rehabilitation services 

under the Act. Under the Rehabilitation 

Act, the Rehabilitation Services 

Administration (RSA) Commissioner is 

authorized to make grants to, and enter 

into contracts with States and public or 

nonprofit agencies and organizations 

(including institutions of higher 

education (IHEs)) to support projects 

that assist state and other agencies in 

providing vocational rehabilitation and 

other services to individuals with 

disabilities to maximize their 

employment, independence, and 

integration into the community and the 

competitive labor market, and provide 

training and technical assistance 

designed to assist in increasing the 

numbers of, and upgrading the skills of, 

qualified personnel (especially 

rehabilitation counselors) who are 

trained in providing VR services as well 

as other services authorized under the 

Rehabilitation Act. 

Assistance Listing No.: 84.264L. 

Program Authority: 29 U.S.C. 

772(a)(1). 

Applicable Program Regulations: 34 

CFR part 385. 

Proposed Priority: 

This document contains one proposed 

priority. The Department may use this 

priority for the FY 2025 Rehabilitation 

Training program competition or for any 

subsequent competitions. 

National Vocational Rehabilitation 

Technical Assistance Center. 

Background: 

The VR program has evolved over its 

100-year history and currently engages 

more than one million individuals with 

disabilities each year, nearly all of 

whom have significant or the most 

significant physical or mental 

impairments that seriously limit 

functional capacities (mobility, 

communication, self-care, self-direction, 

interpersonal skills, work tolerance, or 

work skills) in terms of achieving an 

employment outcome (Rehabilitation 

Services Administration, 2020). These 

individuals are served through 78 State 

VR agencies, which receive State VR 

Services and State Supported 

Employment Services program funding 

through grants provided by the 

Rehabilitation Services Administration.1

Both programs have match 

requirements.2

The amendments to the Rehabilitation 

Act made by WIOA required State VR 

agencies to implement new program and 

fiscal requirements and provisions, with 

heightened emphasis on expanding 

employment and career advancement 

opportunities in competitive integrated 

employment (CIE) 3 for individuals with 

disabilities, including students and 

youth with disabilities. For example, the 

Rehabilitation Act requires: (1) the 

provision of pre-employment transition 

services in Section 113, requiring a 

reservation of a minimum of 15 percent 

of VR program Title I funds to be 

expended on students with disabilities; 

(2) for 50 percent of the State Supported 

Employment grant under Section 603 to 

be expended on youth with a 10 percent 

non-Federal match per Section 

606(b)(7); (3) the addition of Section 511 

limiting the use of subminimum wage, 

which set requirements for VR agencies 

to provide certain services to 

individuals employed or seeking 

employment at subminimum wage; (4) a 

change in the personnel standards 

expanding fields from which VR 

agencies may recruit rehabilitation 

professionals; and (5) a change in the 

standards and indicators to the WIOA 

common performance measures. 

Recruitment, retention, and turnover 

of VR personnel, particularly VR 

counselors and financial management 

staff, has led to increasing challenges for 

VR agencies. Staff deficits affect the 

ability to serve individuals with 

disabilities effectively and consistently 

as well as the ability to manage the 

complex program and fiscal 

requirements of the VR program. 

Research investigating barriers and 

strategies pertaining to counselor 

recruitment and retention reveals that 

the primary reasons counselors leave 

State VR programs are low salaries, 

excessive paperwork, and insufficient 

career/promotional opportunities. Those 

who leave do so for similar positions in 

other public agencies and non-profit 

agencies or, to a lesser degree, 

individual practices. The primary 

reasons counselors remain with State 


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5780 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 

4These data are from RSA’s program data as 

collected in Vocational Rehabilitation Financial 

Report (RSA–17), Supported Employment Federal 

Financial Report (SF–425), and Grant Reallotment 

(RSA–692). 

5https://rsa.ed.gov/about/programs/vocationalrehabilitation-state-grants/section_107_annual_

reviews. 

6Source: U.S. Department of Labor, Employment 

and Training Administration, WIOA Statewide 

Annual Performance Report (ETA–9169) PYs 2020 

through 2021. 

7WIOA requires that State VR programs submit 

an annual statewide performance report, including 

information on levels of performance achieved with 

respect to the performance indicators outlined in 

section 116 of the Act. These reports are due by 

October 1 after the completion of each Program 

Year (PY) (July 1–June 30). The Program Year is 

consistent with most states’ 12-month period used 

for accounting and budgeting purposes. The 

Program Year is different from federal fiscal year 

that is October 1–September 30. 

VR agencies are their commitment to the 

agency’s mission and the inherent 

rewards of their work, as well as the 

employee benefits they receive with the 

job (Herbert, J.T. et al., 2023). 

Through its monitoring activities and 

review of the VR services portion of the 

Unified or Combined State Plans 

required under WIOA, RSA has 

identified performance issues related to 

program and fiscal staff capacity deficits 

and turnover, as well as compliance 

issues related to financial management 

of the VR and Supported Employment 

programs. 

To address these and other 

performance areas, RSA currently funds 

two VR technical assistance centers 

(VRTAC), the VRTAC for Quality 

Management (84.264J) and VRTAC for 

Quality Employment (84.264K). The 

performance period of these two 

VRTACs will end by September 30, 

2025. In Project year 4, the intensive 

technical assistance provided to State 

VR agencies by the two VRTACs already 

exceeds the technical assistance centers’ 

target goals for the entire 5-year project 

performance period. Most of the 

requests are related to fiscal and 

program performance monitoring, 

resulting from RSA’s increased 

emphasis on service provision and fiscal 

management leading to increased 

quality and quantity of employment 

outcomes in CIE. Given the many 

challenges faced by VR agencies and the 

challenges associated with an evolving 

economy and future workforce needs, 

the NVRTAC will provide expanded 

training and technical assistance needed 

by State VR agencies, other service 

entities, and their personnel on quality 

management strategies and practices. 

This assistance will be designed to lead 

to program and financial compliance 

and continuous improvement, resulting 

in the provision of quality vocational 

rehabilitation services that will enable 

individuals with disabilities to 

maximize their opportunities to achieve 

CIE and self-sufficiency, while meeting 

employers’ needs. 

The proposed plan to combine two 

technical assistance centers into one is 

in the interest of improved efficiency 

and reduced redundancy. The closely 

related content and focus of two 

separate centers has previously led to 

extensive need for coordination of 

overlapping content and redundant 

overhead costs. A single center is 

anticipated to more comprehensively 

and coherently address the full range of 

VR agency needs. 

Under the VR program, agencies must 

comply with several complex Federal 

fiscal requirements related to 

maintenance of effort, reallotment, 

reservation of funds for pre-employment 

transition services, and match, among 

others. VR agencies must understand, 

track, assess, and adjust, when 

necessary, program activities to meet 

these requirements while maximizing 

program outcomes. 

Additionally, the need for improved 

knowledge and skill in fiscal and 

resource management can negatively 

affect the ability of VR agency personnel 

to meet consumer needs and prevent, 

where possible, the need for order of 

selection limiting the numbers of 

eligible individuals served in the VR 

program. 

Some State VR agencies have 

experienced VR program challenges, 

including financial management and 

service delivery issues. For example, in 

FY 2022, State VR agencies returned $88 

million in unused State VR Services 

program (Title I) funds at grant closeout, 

and $3.2 million in unused Supported 

Employment program (Title VI) funds at 

grant closeout. In FY 2022, 28 grantees 

did not provide any matching funds for 

their Supported Employment award, 

and 13 grantees did not spend any of 

their FY 2022 Title VI Supported 

Employment program funds required to 

be used for youth with most significant 

disabilities. This resulted in an unused 

balance of Supported Employment 

program Federal funds at the end of the 

award period. Also, States relinquished 

$2.45 million in Supported Employment 

funds during the FY 2023 reallotment 

period.4 Additionally, as of March 2024, 

31 of 78 VR agencies were placed on 

corrective action plans to address 

performance deficiencies related to preemployment transition services reserve 

requirements and timeliness of 

eligibility and Individualized Plan for 

Employment (IPE) development; further 

detail on this is on the RSA page.5

WIOA requires the core workforce 

development programs, including the 

VR program, to report prescribed data 

related to 11 barriers to employment.6

The data indicate that individuals with 

disabilities receiving VR services 

experience multiple barriers to 

employment in addition to disability, 

and the data show that a high 

percentage of VR program participants 

have low incomes and experience longterm unemployment. 

RSA’s goal for technical assistance is 

to support VR agencies in maximizing 

the use of VR and Supported 

Employment program funds and 

fostering continuous improvement in 

CIE outcomes achieved by individuals 

with disabilities, considering the unique 

circumstances and needs of each VR 

agency. 

Based on data reported by VR 

agencies through the VR program Case 

Service Report (RSA–911) for program 

year (PY) 7 2017 (July 1, 2017–June 30, 

2018) and PY 2022 (July 1, 2022–June 

30, 2023), the number of individuals 

with disabilities determined eligible for 

the VR program decreased from 414,531 

to 354,204. Additionally, the number of 

participants in the VR program (those 

eligible individuals who received VR 

services under an IPE) decreased from 

932,835 to 818,646. 

Although the employment rate or 

rehabilitation rate is no longer one of 

the primary indicators of performance 

under the Rehabilitation Act, it can 

provide insight into the performance of 

the VR program because it indicates 

whether participants have achieved 

successful employment when they exit 

the VR program. The VR program’s 

employment rate decreased from 49.3 

percent in PY 2017 to 44.2 percent in 

PY 2022. In the same period, the 

number of participants exiting with 

employment outcomes fell from 152,425 

to 115,943. Relatedly, the number of 

participants who exited the VR program 

for any reason decreased from 311,748 

to 256,435 in the same timeframe. 

In light of these data, the Department 

has determined that VR agency 

personnel need technical assistance and 

training on program and resource 

management strategies and skills to 

efficiently and effectively provide VR 

and supported employment services to 

individuals with disabilities to achieve 

CIE, including pre-employment 

transition services to students with 

disabilities. Effectively and efficiently 

managing resources is critical for VR 

agencies to fully capitalize on the funds 

and staff resources needed to provide 

individuals with disabilities with timely 

services of high quality, which will 

forestall further declines in 


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8FY 2022 WIOA National Performance 

Assessments. https://www.dol.gov/agencies/eta/ 

performance/results/assessments. 

performance. VR personnel need to 

build strategies to balance the needs of 

all populations seeking services, 

including students, youth, and adults 

with disabilities, and to provide timely 

and relevant services to meet their 

unique needs. 

The focus on serving individuals with 

significant and the most significant 

disabilities, as well as students and 

youth with disabilities and traditionally 

underserved populations, coupled with 

the expectations under the 

Rehabilitation Act to achieve CIE 

outcomes and career advancement, also 

require VR agency personnel, especially 

VR counselors, to learn and employ 

innovative service strategies and 

practices. 

For example, recent data for PYs 2021 

and 2022 provided by VR agencies 

through the RSA–911 indicate that 

approximately one-quarter (25.2 percent 

and 25.9 percent, respectively) of 

participants who were enrolled in an 

education or training program leading to 

a recognized postsecondary credential 

or employment achieved a measurable 

skill gain (MSG). An MSG is 

documented academic, technical, 

occupational, or other form of progress 

that participants achieve toward a 

recognized postsecondary credential or 

employment. The MSG rate is one of the 

primary indicators of performance 

under section 116 of WIOA. The VR 

program’s performance, in the two most 

recent years of data collection and 

reporting under WIOA, suggests 

continued underutilization or 

underreporting of employment 

strategies and services to assist 

individuals with disabilities in 

achieving MSGs as they pursue 

recognized postsecondary credentials or 

employment. 

The PY 2022 national employment 

rate for the VR program was 56.2 

percent in the second quarter after exit. 

These individuals achieved median 

earnings of $5,130 for the quarter, which 

translates into annual median earnings 

of roughly $20,520. Based on these data, 

it appears the employment outlook for 

individuals with disabilities served by 

the program remains lower compared to 

non-disabled individuals, suggesting 

that there is a need for greater 

utilization of more effective 

interventions by VR personnel.8

Proposed Priority: 

The NVRTAC will provide intensive 

training and technical assistance, 

targeted training and technical 

assistance, and universal training and 

technical assistance to State VR agencies 

that will enable VR agencies to improve 

VR program management and 

performance and, most importantly, to 

improve employment outcomes 

achieved by individuals with 

disabilities. 

Regarding program management and 

performance, the NVRTAC’s training 

and technical assistance will support 

the assessment, development, and 

enhancement of VR State agency leaders 

and staff knowledge, skills, and abilities 

to improve service delivery and 

employment outcomes for individuals 

with disabilities and to perform the 

following functions: 

(a) Implementing State VR agencylevel best practices and policies for 

maximizing engagement and achieving 

CIE for individuals with disabilities. 

The center will provide VR agency 

personnel with technical assistance on 

evaluating whether the management 

strategies they adopt have been shown 

to increase the percentage of 

participants who achieve an MSG/ 

credential and exit the program with an 

employment outcome and modifying 

those strategies, if necessary, to achieve 

continuous program improvement. The 

NVRTAC will provide intensive training 

and technical assistance, targeted 

training and technical assistance, and 

universal training and technical 

assistance to State VR agencies to 

improve or develop a broad range of 

management policies and practices, 

both programmatic and fiscal, to address 

needs common to many agencies; 

(b) Disseminating clear, consistent 

messages on RSA priorities for the 

development and implementation of 

sound management and financial 

systems and strong internal controls; 

(c) Identifying strengths and 

weaknesses in the agency’s capacity to 

understand factors affecting program 

effectiveness and timeliness (such as the 

ability to analyze case service data to 

identify trends and disparities in 

employment outcomes achieved by 

various groups of individuals with 

disabilities) and designing management 

strategies to address these deficits; 

(d) Analyzing the VR agency’s human 

resource management for inclusion of 

best practice for recruitment, retention, 

and onboarding strategies including 

orientation training for new VR agency 

directors; 

(e) Understanding statutory and 

regulatory requirements related to 

performance management, including 

calculations for the common 

performance measures required under 

WIOA; 

(f) Monitoring and improving 

financial and program data reporting 

and accuracy; 

(g) Conducting performance 

evaluation and quality assurance 

improvement activities, including the 

use of data for performance management 

systems and the implementation of the 

common performance measures 

required by WIOA; 

(h) Conducting strategic planning and 

implementing the strategies to address 

aspects of a strengths, weaknesses, 

opportunities, and threats (SWOT) 

assessment that pose challenges and 

barriers to improving service delivery 

and employment outcomes for 

individuals with disabilities, including 

those with significant and the most 

significant disabilities, students and 

youth with disabilities, and traditionally 

underserved populations; 

(i) Developing and implementing 

effective and efficient program and 

fiscal policies for delivering preemployment transition services under 

section 113, VR services under section 

103(a), and supported employment 

services under title VI of the 

Rehabilitation Act; 

(j) Implementing proactive strategies 

for the State VR agency to collaborate 

and engage with educational agencies, 

Centers for Independent Living, 

American Indian Vocational 

Rehabilitation agencies, and community 

rehabilitation programs; 

(k) Implementing strategies to 

maximize timely and meaningful 

engagement of VR clients during 

application and eligibility 

determination, development of the IPE, 

and service delivery; 

(l) Accurately addressing the required 

descriptions in the VR services portion 

of the WIOA Unified or Combined State 

Plan, particularly in setting goals and 

strategies that can improve performance; 

(m) Coordinating efforts with the State 

Rehabilitation Council; 

(n) Developing relationships with 

public policymakers and optimize the 

VR agency’s presence and visibility by 

marketing the program in accordance 

with the requirements in the Guidance 

for Federal Financial Assistance at 2 

CFR 200.467 and RSA guidance; 

(o) Understanding the key resources 

management elements, including but 

not limited to financial management, 

human resources management, and 

program management and their 

relevance to important VR program 

outcomes and various cost containment 

measures, such as implementing an 

order of selection giving priority for 

services to individuals with the most 

significant disabilities, assessing the 

need for and impact of implementing a 


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financial needs test and cost 

participation in services, and 

implementing the requirement to seek 

comparable services and benefits for 

certain services, among others; and 

(p) Resolving corrective action plans 

and strategies to increase compliance 

and reduce future noncompliance. 

Regarding effective resource 

management, the NVRTAC will support 

the assessment, development, and 

enhancement of staff knowledge, skills, 

and abilities to ensure that— 

(a) Resources, including program 

funds and personnel, are being used for 

allowable purposes, are appropriately 

allocated, and support innovation in 

compliance with statutory and 

regulatory requirements; 

(b) Internal controls and reporting 

systems upon which State VR agencies 

base fiscal and programmatic forecasting 

and decision-making are improved and 

reliable to support attainment of 

program goals and objectives; and 

(c) Resources, including program 

funds and personnel, are fully used in 

ways that meet existing program needs, 

priorities, and expected employment 

outcomes for individuals with 

disabilities. 

The following are TA project 

activities the NVRTAC will undertake to 

address weaknesses in resource 

management: 

(a) Assess performance of grantees’ 

financial management processes used to 

support attainment of fiscal and 

programmatic outcomes (for example, 

whether an agency’s fiscal processes 

support the accurate tracking and 

reporting of non-Federal funds to 

maximize the drawdown of Federal 

award funds to support attainment of 

employment outcomes); and use the 

assessment to identify areas for 

improvement in fiscal processes that 

will assist the agency in meeting 

program goals. 

(b) Assess personnel training and 

technical assistance needs to identify 

gaps in fiscal knowledge, skills, and 

abilities that prevent the agency from 

the effective and efficient use of 

resources necessary to achieve 

employment outcomes. 

(c) Provide intensive training and 

technical assistance on financial 

planning, to maximize program 

resources and attainment of program 

goals and objectives, maximize 

opportunities for non-Federal sources of 

match, avoid potential maintenance of 

effort deficits and match penalties, and 

meet the reservation of funds 

requirement for pre-employment 

transition services. 

(d) Provide technical assistance on 

implementing Federal, State, and 

program fiscal requirements, including 

internal controls, in an efficient and 

effective manner to reduce unnecessary 

burden and to focus efforts on program 

outcomes. 

(e) Provide technical assistance on the 

identification, collection, and analysis 

of program and fiscal data necessary for 

program management and maximizing 

available resources to plan and support 

consumer services. 

Proposed Project Requirements: 

The Department proposes the 

following requirements for this program. 

We may apply one or more of these 

requirements, including one or more of 

the activities listed under these 

requirements, in any year in which this 

program is in effect. 

Proposed Requirements: 

To meet the requirements of this 

priority, the NVRTAC must, at a 

minimum, conduct the following 

activities through innovative 

approaches: 

(a) Establish an advisory committee 

for the NVRTAC. The committee 

members must include individuals with 

disabilities, representatives from State 

VR agencies, individuals with VR 

subject matter expertise, community 

rehabilitation providers, individuals 

with subject matter expertise in assistive 

technology and advance technology for 

individuals with disabilities, and 

individuals with subject matter 

expertise in financial management and 

resources management for VR programs. 

The committee members will provide 

input and recommendations pertaining 

to the project design, project 

implementation, and the project 

evaluation. At a minimum, the 

committee should meet semi-annually. 

(b) Establish a state-of-the-art 

NVRTAC website with information 

technology platform for communicating 

with State VR agencies and providing 

training and TA to state VR agencies’ 

personnel. NVRTAC must ensure that 

all products produced by the NVRTAC 

and posted on the website have been 

developed in collaboration with RSA 

and meet government and industryrecognized standards for accessibility 

and security. 

The website will serve as a key 

training and technical assistance 

delivery vehicle; peer-to-peer 

communication hub; stakeholder 

convening platform; and the central 

repository of information about 

technical assistance and training 

materials and resources developed and 

provided by the NVRTAC, including 

training modules for State VR agency 

leadership and VR counseling 

professionals, as well as for new 

employees onboarding resources. In 

addition, the system must have the 

capacity to track training completion or 

related records, as applicable. 

(c) Conduct nationwide technical 

assistance and training needs 

assessment of State VR agencies’ 

personnel during the first six months of 

the project. The needs assessment must 

include the areas of VR program 

management, financial and resource 

management, service delivery, and 

employment outcomes and should be 

informed by the following— 

(1) Input from RSA staff, RSA 

monitoring reports, and State VR agency 

corrective action plans; 

(2) Input from State VR agencies about 

their needs, priorities, and innovative 

approaches to program and resource 

management that lead to improved 

service delivery; 

(3) Information regarding the latest 

National trends, barriers, challenges, 

and opportunities; and 

(4) Information regarding effective 

and efficient program and resource 

management strategies, techniques, and 

practices that may be applicable to State 

VR agencies. 

(d) Develop a training and technical 

assistance plan. Based on the results of 

the needs assessment, develop an 

overarching training and technical 

assistance plan that must include, at a 

minimum— 

(1) Management strategies and 

practices that result in improved service 

delivery and employment outcomes for 

individuals with disabilities, including 

the rationale for their selection; 

(2) Conceptual framework for the 

selected strategies and practices, 

including key assumptions, 

expectations, and presumed 

relationships or linkages among 

strategies and practices; 

(3) Nature and scope of the intensive 

training and technical assistance, 

targeted training and technical 

assistance, and universal training and 

technical assistance to be provided in 

support of the selected strategies and 

practices; 

(4) Protocols and timelines for 

requesting, obtaining, and completing 

training and technical assistance; and 

(5) Protocols and timelines for 

transitioning the State VR agency’s 

technical assistance, upon completion 

of the technical assistance agreement, to 

the designated RSA State Liaison, when 

appropriate. 

(e) Provide intensive training and 

technical assistance to State VR agencies 

consistent with the technical assistance 

plan based on a review of a wide variety 

of information sources, including, but 

not limited to, RSA’s monitoring reports 

and corresponding State VR agency 


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corrective action plans; State audit 

reports; WIOA State plans, particularly 

the VR portion of these State plans; RSA 

staff feedback; and the results of 

comprehensive statewide needs 

assessments. Intensive training and 

technical assistance may be provided 

on-site, over a specified time period, 

under the terms of signed intensive 

training and technical assistance 

agreements between the NVRTAC and 

the participating State VR agencies. 

Numerical targets for the number of 

intensive training and technical 

assistance agreements will be included 

in the cooperative agreement between 

RSA and the NVRTAC. 

The intensive training and technical 

assistance agreements between the 

NVRTAC and the requesting State VR 

agencies must include the following 

components: 

(1) Management strategies and 

practices to be implemented by the State 

VR agency that are designed to improve 

service delivery and maximize quality 

employment outcomes for individuals 

with disabilities. 

(2) Nature and scope of the training 

and technical assistance to be provided 

by the NVRTAC. 

(3) Roles and responsibilities of the 

NVRTAC, State VR agency, RSA, and 

other workforce development partners, 

including the commitment of resources. 

(4) Logic model (as defined in 34 CFR 

77.1) that is specific to the intensive 

need being addressed and that includes 

performance outcomes, targets, and 

baselines; project activities, inputs, and 

outputs; and data collection and 

analysis commitments. 

(f) Implement a plan for project 

evaluation, which includes a timeline 

for the evaluation and measurement 

benchmarks, that will evaluate the 

impact of the center’s training and 

technical assistance on the performance 

of the VR agencies that received the 

center’s services. As part of the 

evaluation plan, there must be a logic 

model that includes data elements, 

inputs, activities, outputs, and shortterm and long-term performance 

indicators regarding— 

(1) Quantitative outcomes resulting 

from the program management and 

employment strategies and practices, 

including— 

(i) Timeliness of the VR processes and 

services; 

(ii) Number of employment outcomes; 

(iii)VR participants’ employment or 

career-readiness; 

(iv) Cost-effectiveness; and 

(v) Sustainability; 

(2) Quality, relevance, and usefulness 

of the project’s training and technical 

assistance activities; 

(3) Quantitative or qualitative insights 

about the relationship between 

strategies, practices, and training and 

technical assistance activities on critical 

outcomes for VR personnel, VR clients, 

and key partners, including through— 

(i) Pre- and post-training assessments; 

(ii) Focus groups; and 

(iii)Success stories. 

(g) Develop and implement models 

and materials for targeted and universal 

training and technical assistance for VR 

agency personnel, on state VR program 

and fiscal management, and 

employment strategies for individuals 

with disabilities, which must include 

the following— 

(1) Integration of assistive technology 

and artificial intelligence tools to fuel 

CIE in the 21st century for individuals 

with disabilities; 

(2) Career pathways education, 

internships, apprenticeships, training, 

and supports in high-demand 

occupations, including those in science, 

technology, engineering, and 

mathematics (STEM) fields, advanced 

technology; 

(3) Registered and industryrecognized apprenticeships, preapprenticeships, and on-the-job 

training; 

(4) Supported employment and 

customized employment; 

(5) Customized training and 

credential programs to meet employers’ 

demand; 

(6) Self-employment and 

entrepreneurship, including services 

available under the Randolph-Sheppard 

Vending Facility Program; 

(7) Business engagement and 

employer supports including dual 

customer models such as Progressive 

Employment; 

(8) Practices to enhance the 

employment capacity of individuals 

with the most significant disabilities 

receiving supported employment 

services, such as the Individual 

Placement and Support model; 

(9) Pre-employment transition 

services that prepare students with 

disabilities and transition services that 

prepare youth with disabilities to 

identify career interests through workbased learning and early career 

exploration opportunities, including 

career pathways, internships, and job 

shadowing, with a focus on highdemand and STEM careers; 

(10) Career counseling techniques and 

resources, including labor market 

information tools such as Career Index 

Plus; 

(11) Collaboration with workforce 

development partners, community 

rehabilitation programs, and other 

community-based organizations to 

provide the comprehensive support 

services that individuals with 

significant and the most significant 

disabilities, students and youth with 

disabilities, and traditionally 

underserved populations, need to 

succeed, such as the Integrated Resource 

Teams model; 

(12) Approaches that encourage VR 

clients to consider jobs in the advanced 

technology fields that respond to 

expected labor market needs; 

(13) Approaches that encourage VR 

clients to enter and remain engaged in 

the VR process, such as rapid 

engagement, motivational interviewing, 

benefits counseling, and financial 

empowerment training, and vehicles 

such as the Achieving a Better Life 

Experience (ABLE) tax-free accounts for 

individuals with disabilities and 

flexibilities associated with Social 

Security Income; and 

(14) Community outreach strategies to 

expand the pool of potential VR 

applicants and referral sources, 

including traditionally underserved 

populations. 

Proposed Application Requirements: 

The Department proposes the 

following application requirements for 

the purpose of this priority. We may 

apply one or more of these 

requirements, including one or more of 

the activities listed under these 

requirements, in any year in which this 

program is in effect. 

Proposed Application Requirement: 

The following proposed application 

requirements are for the purpose of the 

priority. Applicants must— 

(a) Provide, in the narrative section of 

the application under ‘‘Significance of 

the Project,’’ a landscape analysis of 

current challenges, opportunities, and 

initiatives in national VR technical 

assistance and training. The landscape 

analysis must address the following 

(1) Knowledge about— 

(i) State VR program challenges in 

performance, including barriers and 

trends regarding program and resource 

management and employment outcomes 

for individuals with disabilities 

especially those with significant and the 

most significant disabilities, students 

and youth with disabilities, and 

traditionally underserved populations, 

particularly as noted in recent RSA 

monitoring reports and State VR agency 

corrective action plans; and 

(ii) Federal and State initiatives and 

best practices to improve program and 

resource management and employment 

outcomes for individuals with 

disabilities, particularly in response to 

requirements under WIOA. 

(2) The proposed project’s potential to 

contribute to these Federal and State 


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5784 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 

initiatives by assisting State VR agencies 

in equipping personnel with the 

necessary skills and training to 

implement the substantive provisions of 

the Rehabilitation Act introduced by 

WIOA that are designed to improve the 

employment outcomes for individuals 

with disabilities. 

(b) Provide an implementation plan. 

The implementation plan must describe 

the feasibility of the management plan 

to achieve project objectives and goals 

on time and within budget, including 

clearly defined responsibilities, 

timelines, and milestones for 

accomplishing project tasks and meet 

expected outcomes. 

(c) Describe the plans to establish a 

state-of-the-art NVRTAC website and 

information technology platform. 

(d) Describe plans for completing the 

national technical assistance and 

training needs assessment. 

(e) Specify strategies to maximize 

coordination between the NVRTAC and 

other TA centers and seek opportunities 

to coordinate with other training and 

technical assistance investments, 

including those funded by the U.S. 

Departments of Education, Labor, and 

Health and Human Services, in the 

provision of training and technical 

assistance to State VR agencies. 

(f) Describe the proposed evaluation 

plan and logic model for the project. 

(g) Provide a dissemination plan. The 

dissemination plan must describe plans 

to disseminate its summative findings 

and results at national conferences, 

regional forums, or specialized meetings 

starting after the first year of the 

performance period, including costeffective approaches such as virtual 

convenings, to engage State VR agencies 

and other potential Federal, State, local, 

and nongovernment partners, 

including— 

(i) Types of events (e.g., conferences, 

forums, specialized meetings); 

(ii) Target audience (e.g., by event 

type); and 

(iii) Convening modes (in-person, 

virtual). 

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)). 

Proposed Definitions 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

proposes the following definitions for 

this program to ensure that applicants 

have a clear understanding of how we 

are using these terms. We may apply 

these definitions in any year in which 

this program is in effect. 

Intensive training and technical 

assistance means training and technical 

assistance provided to State VR agencies 

and State VR agency personnel, in 

consultation with RSA, primarily onsite for a specific issue and a set period 

of time negotiated between the State VR 

agency and NVRTAC. Intensive training 

and technical assistance is based on an 

ongoing relationship between the 

training and technical assistance center 

staff and State VR agencies and State VR 

agency personnel under the terms of a 

signed intensive training and technical 

assistance agreement. 

Targeted training and technical 

assistance means training and technical 

assistance based on needs common to 

one or more State VR agencies and State 

VR agency personnel on a time-limited 

basis and with limited commitment of 

training and technical assistance center 

resources. Targeted training and 

technical assistance are delivered 

through virtual, or in-person methods 

tailored to the identified needs of the 

participating State VR agencies and 

State VR agency personnel. 

Universal training and technical 

assistance means training and technical 

assistance broadly available to State VR 

agencies and State VR agency personnel 

and other interested parties through 

their own initiative, resulting in 

minimal interaction with training and 

technical assistance center staff. 

Universal training and technical 

assistance include generalized 

presentations, products, and related 

activities available through a website or 

through brief contacts with the training 

and technical assistance center staff. 

References 

Herbert, J.T., O’Shea, A., Joon Yoon, H., & 

Balushi, I.A. (2023). Recruitment and 

retention of state vocational 

rehabilitation counselors: A mixed 

methods analysis. Journal of 

Rehabilitation, 89(1), 61–71. 

Rehabilitation Services Administration. 

(2020). The State Vocational 

Rehabilitation Services Program—The 

First 100 Years. Retrieved from: https:// 

ncrtm.ed.gov/library/detail/statevocational-rehabilitation-servicesprogram-first-100-years. 

Final Priority, Requirements, and 

Definitions: We will announce the final 

priority, requirements, and definitions 

in a notice in the Federal Register. We 

will determine the final priority, 

requirements, and definitions after 

considering responses to the proposed 

priority, requirements, and definitions 

and other information available to the 

Department. This document 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 these priorities, 

requirements, or definitions, we invite 

applications through a notice in the 

Federal Register. 

Executive Orders 12866, 13563, and 

14094 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Office of Management and Budget 

(OMB) determines whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by OMB. Section 3(f) of 

Executive Order 12866, as amended by 

Executive Order 14094, 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 $200 million or more 

(adjusted every three years by the 

Administrator of Office of Information 

and Regulatory Affairs (OIRA) for 

changes in gross domestic product); or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, territorial, or Tribal 

governments or communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlements, grants, user 

fees, or loan programs or the rights and 

obligations of recipients thereof; or 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 5785 

(4) Raise novel legal or policy issues 

for which centralized review would 

meaningfully further the President’s 

priorities, or the principles set forth in 

the Executive order, as specifically 

authorized in a timely manner by the 

Administrator of OIRA in each case. 

This proposed regulatory action is not 

a significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866, as amended by 

Executive Order 14094. 

We have also reviewed this proposed 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

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 the proposed priority, 

requirements, and definitions only on a 

reasoned determination that their 

benefits justify their costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that 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 have also determined that this 

regulatory action does not unduly 

interfere with State, local, territorial, 

and Tribal governments in the exercise 

of their governmental functions. 

In accordance with these 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. 

In addition, we have considered the 

potential benefits of this regulatory 

action and have noted these benefits in 

the background section of this 

document. 

Clarity of the Regulations 

Executive Order 12866 and the 

Presidential memorandum ‘‘Plain 

Language in Government Writing’’ 

require each agency to write regulations 

that are easy to understand. The 

Secretary invites comments on how to 

make the proposed priority, 

requirements, and definitions easier to 

understand, including answers to 

questions such as the following: 

• Are the requirements in the 

proposed regulations clearly stated? 

• Do the proposed regulations contain 

technical terms or other wording that 

interferes with their clarity? 

• Does the format of the proposed 

regulations (grouping and order of 

sections, use of headings, paragraphing) 

aid or reduce their clarity? 

• Would the proposed regulations be 

easier to understand if we divided them 

into more (but shorter) sections? 

• Could the description of the 

proposed regulations in the 

SUPPLEMENTARY INFORMATION section of 

the preamble be more helpful in making 

the proposed regulations easier to 

understand? If so, how? 

• What else could we do to make the 

proposed regulations easier to 

understand? 

To send any comments that concern 

how the Department could make these 

proposed regulations easier to 

understand, see the instructions in the 

ADDRESSES section. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 385. 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. 

Regulatory Flexibility Act 

Certification: The Secretary certifies that 

this proposed regulatory action would 

not have a significant economic impact 

on a substantial number of small 

entities. 

The small entities that this proposed 

regulatory action would affect are 

institutions of higher education (IHEs) 

that meet the eligibility requirements in 

section 241(1) of the Higher Education 

Act of 1965, as amended, and public 

and private nonprofit organizations and 

agencies that partner with IHEs. The 

Secretary believes that the costs 

imposed on applicants by the proposed 

priority and requirements would be 

limited to paperwork burden related to 

preparing an application and that the 

benefits would outweigh any costs 

incurred by applicants. 

Participation in this program is 

voluntary. For this reason, the proposed 

priority and requirements would impose 

no burden on small entities unless they 

applied for funding under the program. 

We expect that in determining whether 

to apply for any project under the 

Rehabilitation Training (RT) program 

funds, an eligible applicant would 

evaluate the requirements of preparing 

an application and any associated costs 

and weigh them against the benefits 

likely to be achieved by receiving a RT 

grant. Eligible applicants most likely 

would apply only if they determine that 

the likely benefits exceed the costs of 

preparing an application. The likely 

benefits include the potential receipt of 

a grant as well as other benefits that may 

accrue to an entity through its 

development of an application. 

This proposed regulatory action 

would not have a significant economic 

impact on a small entity once it receives 

a grant because it would be able to meet 

the costs of compliance using the funds 

provided under this program. We invite 

comments from eligible small entities as 

to whether they believe this proposed 

regulatory action would have a 

significant economic impact on them 

and, if so, request evidence to support 

that belief. 

Assessment of Educational Impact 

In accordance with section 411 of the 

General Education Provisions Act, 20 

U.S.C. 1221e–4, the Secretary 

particularly requests comments on 

whether these proposed regulations 

would require transmission of 


KHAMMOND on DSK9W7S144PROD with PROPOSALS
5786 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 

information that any other agency or 

authority of the United States gathers or 

makes available. 

Accessible Format: On request to one 

of the program contact persons listed 

under FOR FURTHER INFORMATION

CONTACT, individuals with disabilities 

can obtain this document 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, compact disc, or other 

accessible format. 

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 

Department documents 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. Y ou 

may also access Department documents 

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. 

Glenna Wright-Gallo, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2025–01337 Filed 1–16–25; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–ASIS–NPS0039274; INSERT BILLING 

CODE] 

RIN 1024–AE90 

Assateague Island National Seashore; 

Oversand Vehicles 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

(NPS) proposes to amend the special 

regulations for Assateague Island 

National Seashore to remove certain 

permit eligibility requirements for motor 

vehicles that drive on designated 

beaches and oversand routes. The 

rulemaking would eliminate 

requirements addressing vehicle weight, 

ground clearance, and dimensions. 

These requirements were established in 

1976 and are no longer necessary. In 

addition, the NPS proposes to make 

several technical, non-substantive 

changes to the regulations. 

DATES: Comments on the proposed rule 

must be received by 11:59 p.m. ET on 

March 18, 2025. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE90, by either of 

the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov/. Follow the 

instructions for submitting comments. 

(2) By hard copy: Mail to: 

Superintendent, Assateague Island 

National Seashore, 7206 National 

Seashore Lane, Berlin, Maryland 21811. 

Instructions: Comments will not be 

accepted by fax, email, or in any way 

other than those specified above. All 

submissions received must include the 

words ‘‘National Park Service’’ or 

‘‘NPS’’ and must include the docket 

number or RIN (1024–AE90) for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. 

Docket: For access to the docket to 

read comments received, go to https:// 

www.regulations.gov/ and search for 

‘‘1024–AE90’’. In compliance with the 

Providing Accountability Through 

Transparency Act of 2023, the plain 

language summary of the proposal is 

available on Regulations.gov in the 

docket for this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Hugh Hawthorne, Superintendent, 

Assateague Island National Seashore; 

(410) 629–6080 Ext 6080; hugh_

hawthorne@nps.gov. Individuals in the 

United States who are deaf, deafblind, 

hard of hearing, or have a speech 

disability may dial 711 (TTY, TDD, or 

TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Background 

Purpose and Significance of Assateague 

Island National Seashore 

In 1965, Congress established the 

Assateague Island National Seashore to 

protect and develop Assateague Island 

and certain adjacent waters and small 

marsh islands for public outdoor 

recreation use and enjoyment. 16 U.S.C 

459f. Congress directed the Secretary of 

the Interior, acting through the NPS, to 

administer the Seashore for general 

purposes of public outdoor recreation, 

including conservation of natural 

features contributing to public 

enjoyment. 16 U.S.C. 459f–5. The NPS 

manages the Seashore as a unit of the 

National Park System. In addition to the 

Seashore that is managed by the NPS, 

other public lands on the island are 

managed by the Maryland Department 

of Natural Resources (Assateague State 

Park) and the U.S. Fish and Wildlife 

Service (Chincoteague National Wildlife 

Refuge). 

The dominant feature of the Seashore 

is Assateague Island, a barrier island 

that stretches 37 miles along the 

Atlantic Coast of Maryland and Virginia. 

The island is a dynamic place, altered 

daily by powerful wind and waves. It is 

the largest natural barrier island 

ecosystem in the mid-Atlantic region 

that remains predominantly unaffected 

by human development. Only a couple 

of miles wide at its broadest point, the 

island’s terrain offers shelter to famed 

wild horses as well as sika deer, ghost 

crabs, and migrating birds such as the 

great blue heron and snowy egret. The 

Seashore is a three-hour drive from 

Washington, Baltimore, and 

Philadelphia. Visitors to the Seashore 

can explore sandy beaches, salt 

marshes, maritime forests, and coastal 

bays. Popular recreational activities 

include swimming in the ocean, 

paddling in coastal bays, fishing, 

hunting, stargazing, and photography. 

Authority To Promulgate Regulations 

The NPS Organic Act (54 U.S.C. 

100101 et seq.) gives the NPS broad 

authority to regulate the use of lands 

and waters under its jurisdiction, 

including a specific authority to 

promulgate regulations it considers 

necessary or proper for the use and 

management of National Park System 

units. 54 U.S.C. 100751(a). The enabling 

act for the Seashore allows the NPS to 

use applicable legal authorities, 

including those provided by the Organic 

Act, for the conservation and 

management of natural resources. 16 

U.S.C. 459f–5. 

Executive Order 11644, Use of OffRoad Vehicles on the Public Lands, was 

issued in 1972 and amended by 

Executive Order 11989 in 1977. 

Executive Order 11644 required Federal 

agencies to issue regulations designating 

specific areas and routes on public 

lands where the use of off-road vehicles 

may be allowed. The NPS implemented 

these Executive orders, in part, by 

promulgating a regulation at 36 CFR 

4.10 (Travel on park roads and 

designated routes). Under 36 CFR 4.10, 


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