[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Proposed Rules]
[Pages 27375-27381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10718]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2016-OSERS-0018; CFDA Number: 84.160D.]


Proposed Priority--Training of Interpreters for Individuals Who 
Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative

[[Page 27376]]

Services announces a priority under the Training of Interpreters for 
Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are 
Deaf-Blind program. The Assistant Secretary may use this priority for 
competitions in fiscal year 2016 and later years. We take this action 
to provide training to working interpreters in order to develop a new 
skill area or enhance an existing skill area.

DATES: We must receive your comments on or before June 6, 2016.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``Help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Kristen Rhinehart-Fernandez, U.S. Department of Education, 400 
Maryland Avenue SW., Room 5062, Potomac Center Plaza (PCP), Washington, 
DC 20202-5076.

    Privacy Note:  The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez. 
Telephone: (202) 245-6103 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority, we urge you to identify 
clearly the specific section of the proposed priority that each comment 
addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations by accessing Regulations.gov. 
You may also inspect the comments in person in Room 5040, 550 12th 
Street SW., PCP, Washington, DC 20202-5076, between the hours of 8:30 
a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each 
week except Federal holidays. Please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: Under the Rehabilitation Act of 1973 
(Rehabilitation Act), as amended by the Workforce Innovation and 
Opportunity Act (WIOA), the Rehabilitation Services Administration 
(RSA) makes grants to public and private nonprofit agencies and 
organizations, including institutions of higher education, to establish 
interpreter training programs or to provide financial assistance for 
ongoing interpreter programs to train a sufficient number of qualified 
interpreters throughout the country. The grants are designed to train 
interpreters to effectively interpret and transliterate using spoken, 
visual, and tactile modes of communication; ensure the maintenance of 
the interpreting skills of qualified interpreters; and provide 
opportunities for interpreters to raise their skill level competence in 
order to meet the highest standards approved by certifying associations 
and to effectively meet the communication needs of individuals who are 
deaf or hard of hearing and individuals who are deaf-blind.
    Program Authority: 29 U.S.C. 709(c) and 772(a) and (f).
    Applicable Program Regulations: 34 CFR part 396.
    PROPOSED PRIORITY: This notice contains one proposed priority.

Interpreter Training in Specialized Areas

Background

    Over the past 20 years, the fields of interpreting and interpreter 
training have changed significantly in order to effectively respond to 
the evolving needs of children and adults in the United States who are 
deaf,\1\ including consumers of the Vocational Rehabilitation (VR) 
system. These changes bring with them an array of unfamiliar 
communication challenges for interpreters, which are driving the need 
for new training and development priorities (Schafer and Cokely, 2016). 
Interpreters are increasingly providing services to deaf individuals 
with idiosyncratic and dysfluent language; being called upon to be 
fluent in English, ASL, and one other language in order to provide 
trilingual interpretation; and providing services to deaf individuals 
in highly specialized academic and employment settings (Schafer and 
Cokely, 2016).
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    \1\ As used in this notice, the word ``deaf'' refers to (1) 
``deaf'' and ``Deaf'' people, i.e., to the condition of deafness; 
(2) ``deaf, hard of hearing, and Deaf-Blind;'' and (3) individuals 
who are culturally Deaf and who use American Sign Language (ASL). 
``Deaf'' refers only to the third group.
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    In 2016, the National Interpreter Education Center (NIEC) released 
a report based on information and input collected over current and 
previous grant cycles through needs assessments, national surveys, and 
survey software platforms. A practitioner survey was conducted in 2014 
to gather data from interpreters on their experiences in interpreting 
for consumers who are deaf and hard of hearing. One question on the 
survey asked interpreters whether they have served an increased number 
of deaf individuals with idiosyncratic language. Overall, 24 percent of 
respondents reported an increase in the number of individuals with 
idiosyncratic language served, and 38 percent of respondents reported 
the numbers of individuals with idiosyncratic sign language have 
``remained the same.'' This trend dates back more than five years 
(Schafer and Cokely, 2016). The 2014 Practitioner survey also 
illustrates a growing demand for trilingual interpreting services. In 
that survey, 68 percent of respondents reported a need for third 
language fluency (Schafer and Cokely, 2016).
    The data from the 2014 Practitioner Survey was substantiated by 
data from the 2015 National Interpreter Education Center Trends Survey. 
In the Trends survey, 66 percent of service provider

[[Page 27377]]

respondents reported an increase in the number of deaf individuals from 
a household with a foreign spoken language, and 35 percent of 
respondents reported an increase in the number of deaf individuals 
using a foreign signed language (Schafer and Cokely, 2016).
    The 2015 Trends Survey also indicates that Federal legislation 
mandating communication access may have begun to pay off, creating more 
opportunities for deaf individuals to pursue postsecondary and graduate 
level education and specialized training. As a result, individuals who 
are deaf and hard of hearing are obtaining jobs in law, medicine, 
engineering, higher education, and high tech industries in greater 
numbers. The Trends Survey documented 47 percent of service providers 
reporting the number of deaf individuals pursuing education or 
employment in specialized fields increasing (Schafer and Cokely, 2016).
    The data from the 2014 Practitioner Survey and 2015 Trends Survey 
give support to the conclusion that interpreters must be able to 
understand and communicate proficiently using technical vocabulary and 
highly specialized discourse in a variety of complex subject matters in 
both ASL and English. Interpreters must also be prepared to meet the 
communication needs of individuals who are ``Deaf Plus'' \2\ with 
dysfluent first language skills, who pose many challenges for 
interpreters who do not have superior proficiency in ASL or a ready 
arsenal of communication strategies (Schafer and Cokely, 2016).
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    \2\ The term ``Deaf Plus'' refers to an individual who is deaf 
or hard of hearing in addition to having other medical, physical, 
emotional, cognitive, educational, or social challenges (Schafer and 
Cokely, page 5).
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    Training, even for qualified interpreters, is needed in all of 
these specialized areas to build a workforce that is reflective of the 
population it serves and equipped to meet a variety of extremely 
diverse communication needs. To address this problem, the Assistant 
Secretary proposes a priority to establish projects to train 
interpreters in specialized areas.
    Apart from this, generally, the pool of qualified interpreters is 
insufficient to meet the needs of deaf consumers in the United States. 
For this reason, we are publishing a proposed priority elsewhere in the 
Federal Register to establish a national model demonstration center to 
better prepare novice interpreters to become nationally certified sign 
language interpreters.

References

    Schafer, Trudy, MPA. MIP, Center Director, and Cokely, Dennis, 
Ph.D., Principle Investigator, ``Report on the National Needs 
Assessment Initiative New Challenges-Needed Challenges'' (National 
Interpreter Education Center at Northeastern University) (March 2016).

Proposed Priority

    The purpose of this priority is to fund projects that provide 
training for English-American Sign Language (ASL) interpreter training 
in specialized areas. The training must be provided to working 
interpreters (e.g., interpreters with a baccalaureate degree in ASL-
English who possess a minimum of three years of relevant experience as 
an interpreter) who need to develop a new skill area or enhance an 
existing skill area. Within this proposed priority, the Assistant 
Secretary intends to fund training in the following specialty areas: 
(1) Interpreting for consumers with dysfluent language competencies 
(e.g., individuals who use idiosyncratic signs or display limited first 
language competency in either spoken or sign language, due to delayed 
acquisition of the first language); (2) trilingual interpreting (e.g., 
language fluency in first, second, and third languages with one of the 
three languages being ASL); and (3) field-initiated topics.
    During the project, applicants must develop and deliver training of 
sufficient scope, intensity, and duration for working interpreters to 
achieve increased skill, knowledge, and competence in a specialty area. 
Applicants may develop a new training program or stand-alone modules 
that could also be incorporated into an existing baccalaureate degree 
ASL-English program. The training program or modules must be developed 
by the end of the first year of the project period and delivered in 
years two, three, four, and five of the project period.
    The projects must be designed to achieve, at a minimum, the 
following outcomes:
    (a) An increase in the number of interpreters who are trained to 
work with deaf consumers who require specialized interpreting; and
    (b) An increase in the number of interpreters trained in specialty 
areas who obtain or advance in employment in the areas for which they 
were prepared.
    To be considered for funding, applicants must meet the requirements 
contained in this proposed priority, which are as follows:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will address 
the need for sign language interpreters in a specialized area. To 
address this requirement, applicants must:
    (1) Present applicable data demonstrating the need for interpreters 
in the specialty area for which training will be developed by the 
project in at least three distinct, noncontiguous geographic areas, 
which may include the U.S. Territories;
    (2) Explain how the project will increase the number of working 
interpreters in a specialty area who demonstrate the necessary 
competencies to meet the communication needs of individuals who are 
deaf, hard of hearing, or deaf-blind. To meet this requirement, the 
applicant must--
    (i) Identify competencies working interpreters must demonstrate in 
order to provide high-quality services in the identified specialty area 
using practices that are promising or based on instruction supported by 
evidence and intervention, when available; and
    (ii) Demonstrate that the identified competencies are based on 
practices that are promising or supported by evidence that will result 
in effectively meeting the communication needs of individuals who are 
deaf, hard of hearing, or deaf-blind.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Design,'' how the proposed project will--
    (1) Provide training in person or remotely to at least three 
distinct, noncontiguous geographic areas identified in paragraph 
(a)(1);
    (2) Identify and partner with trainers who are certified and 
recognized in the specialty area through formal or informal 
certification to develop and deliver the training. If certification is 
not available in the specialty area, provide evidence of relevant 
training and experience (e.g., provide a portfolio that includes 
training verification, video samples, letters of support from consumers 
and employers, etc.);
    (3) Be based on current research and make use of practices that are 
promising or supported by evidence. To meet this requirement, the 
applicant must describe--
    (i) How the proposed project will incorporate current research and 
practices that are promising or supported by evidence in the 
development and delivery of its products and services;
    (ii) How the proposed project will engage working interpreters with 
different learning styles; and
    (iii) How the proposed project will ensure working interpreters 
interact

[[Page 27378]]

with deaf individuals who have a range of communication skills, from 
those with limited language skills to those with high-level, 
professional language skills.
    (c) In the narrative section of the application under ``Quality of 
Project Services,'' the applicant must--
    (1) Demonstrate how the project will ensure equal access and 
treatment for eligible project participants who are members of groups 
who have traditionally been underrepresented based on race, color, 
national origin, gender, age, or disability;
    (2) Describe the criteria that will be used to identify high-
quality applicants for participation in the program, including any pre-
assessments that may be used to determine the skill, knowledge base, 
and competence of the working interpreter;
    (3) Describe the recruitment strategies the project will use to 
attract high-quality working interpreters, including specific 
strategies targeting high-quality participants from traditionally 
underrepresented groups (e.g., individuals with disabilities and 
individuals living in remote areas);
    (4) Describe how the project will ensure that all training 
activities and materials are fully accessible;
    (5) Describe the approach that will be used to enable more working 
interpreters to participate in and successfully complete the training 
program, specifically participants who need to work while in the 
program, have child care or elder care considerations, or live in 
geographically isolated areas. The approach must emphasize innovative 
instructional delivery methods, such as distance learning or block 
scheduling (a type of academic scheduling that offers students fewer 
classes per day for longer periods of time), which would allow working 
interpreters to more easily participate in the program;
    (6) Describe the approach that will be used to enable working 
interpreters to successfully complete the program or stand-alone 
modules, to include mentoring, monitoring, and accommodation support 
services;
    (7) Describe how the project will incorporate practices that are 
promising and supported by evidence for adult learners;
    (8) Demonstrate how the project is of sufficient scope, intensity, 
and duration to adequately prepare working interpreters in the 
identified specialty area of training. To address this requirement, the 
applicant must describe how--
    (i) The components of the proposed project will support working 
interpreters' acquisition and enhancement of the competencies 
identified in paragraph (a)(2)(i);
    (ii) The components of the project will allow working interpreters 
to apply their content knowledge in a practical setting;
    (iii) The proposed project will provide working interpreters with 
ongoing guidance and feedback; and
    (iv) The proposed project will provide ongoing induction 
opportunities and support working interpreters after completion of the 
specialty area program.
    (9) Demonstrate how the proposed project will actively engage 
representation from consumers, consumer organizations, and service 
providers, especially vocational rehabilitation (VR) agencies, 
interpreters, interpreter training programs, and individuals who are 
deaf and deaf-blind in the project, including project development, 
design, implementation, delivery of training, dissemination, 
sustainability planning, program evaluation, and other relevant areas 
as determined by the applicant;
    (10) Describe how the project will conduct dissemination and 
coordination activities. To meet this requirement, the applicant must--
    (i) Describe its plan for disseminating information to and 
coordinating with VR agencies, American Job Centers and other workforce 
partners regarding finding interpreters with the specialized 
interpreting skills needed; disseminating information to working 
interpreters about training available in the specialized area, and 
broadly disseminating successful strategies for preparing working 
interpreters in a specialized area;
    (ii) Describe its strategy for disseminating products developed 
during the project period. To meet this requirement the applicant 
must--
    (A) Develop and maintain a state-of-the-art archiving and 
dissemination system that is open and available to the public and 
provides a central location for later use of training materials, 
including curricula, audiovisual materials, Webinars, examples of 
emerging and promising practices, and any other relevant material;
    (B) Provide a minimum of three Webinars or video conferences over 
the course of the project. Applicants may determine the audience, 
content, and goals of this activity. For instance, applicants may 
consider disseminating information to working interpreters not enrolled 
in the program about training in a specialty area, as well as 
interacting with interpreter educators about the curriculum or training 
module design, challenges, solutions, and results achieved.

    Note: All products produced by the grantees must meet 
government- and industry-recognized standards for accessibility, 
including section 508 of the Rehabilitation Act.

    (iii) Describe its approach for incorporating the use of 
information technology (IT) into all aspects of the project. The 
approach must include establishing and maintaining a state-of-the-art 
IT platform that is sufficient to support Webinars, teleconferences, 
video conferences, and other virtual methods of dissemination of 
information.

    Note: In meeting the requirements mentioned in paragraphs 
(c)(10)(ii)(A) and (B) and (c)(10)(iii) above, projects may either 
develop new platforms or systems or may modify existing platforms or 
systems, so long as the requirements of this priority are met.

    (iv) Describe its approach for conducting coordination and 
collaboration activities. To meet this requirement, the applicant 
must--
    (A) Establish a community of practice \3\ in the specialty area of 
training that focuses on project activities in this priority and acts 
as a vehicle for communication and exchange of information among 
participants in the program and other relevant stakeholders;
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    \3\ A community of practice (CoP) is a group of people who work 
together to solve a persistent problem or to improve practice in an 
area that is important to them and who deepen their knowledge and 
expertise by interacting on an ongoing basis. CoPs exist in many 
forms, some large in scale that deal with complex problems, others 
small in scale that focus on a problem at a very specific level. For 
more information on communities of practice, see: www.tadnet.org/pages/510.
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    (B) Communicate, collaborate, and coordinate with other relevant 
Department-funded projects, as applicable;
    (C) Maintain ongoing communication with the RSA project officer and 
other RSA staff as required; and
    (D) Communicate, collaborate, and coordinate, as appropriate, with 
key staff in State VR agencies, such as the State Coordinators for the 
Deaf; State and local partner programs; consumer organizations and 
associations, including those that represent individuals who are deaf, 
hard of hearing, deaf-blind, and late deafened; and relevant RSA 
partner organizations and associations.
    (d) In the narrative section of the application under ``Quality of 
the Evaluation Plan,'' include an evaluation plan for the project. To 
address this requirement, the evaluation plan must describe--

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    (1) An approach, using pre- and post-assessments, for assessing the 
level of knowledge, skills, and competencies gained among participants;
    (2) An approach for assessing the application of knowledge, skills, 
and competencies after completion; and
    (3) An approach for incorporating oral and written feedback from 
trainers, from deaf consumers, and any feedback from mentoring sessions 
conducted with the participants;
    (4) Evaluation methodologies, including instruments, data 
collection methods, and analyses that will be used to evaluate the 
project;
    (5) Measures of progress in implementation, including the extent to 
which the project's activities and products have reached their target 
populations; intended outcomes or results of the project's activities 
in order to evaluate those activities; and how well the goals and 
objectives of the proposed project, as described in its logic model,\4\ 
have been met;
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    \4\ A logic model communicates how the project will achieve its 
intended outcomes and provides a framework for both the formative 
and summative evaluations of the project.
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    (6) How the evaluation plan will be implemented and revised, as 
needed, during the project. The applicant must designate at least one 
individual with sufficient dedicated time, experience in evaluation, 
and knowledge of the project to coordinate the design and 
implementation of the evaluation. For example, coordination with any 
identified partners in the application and RSA to make revisions post 
award to the logic model in order to reflect any changes or 
clarifications to the model and to the evaluation design and 
instrumentation with the logic model (e.g., designing instruments and 
developing quantitative or qualitative data collections that permit 
collecting of progress data and assessing project outcomes);
    (7) The standards and targets for determining effectiveness of the 
project;
    (8) How evaluation results will be used to examine the 
effectiveness of implementation and the progress toward achieving the 
intended outcomes; and
    (9) How the methods of evaluation will produce quantitative and 
qualitative data that demonstrate whether the project activities 
achieved their intended outcomes.
    (e) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how--
    (1) The proposed project will encourage applications for employment 
with the project from persons who are members of groups that have 
historically been underrepresented based on race, color, national 
origin, gender, age, or disability;
    (2) The proposed project personnel, consultants, and subcontractors 
have the qualifications and experience to provide training to working 
interpreters and to achieve the project's intended outcomes;
    (3) The applicant and any identified 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;
    (f) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how--
    (1) The proposed management plan will ensure that the project's 
intended outcomes will be achieved on time and within budget. To 
address this requirement, the applicant must describe--
    (i) Clearly defined responsibilities for key project personnel, 
consultants, and subcontractors, as applicable; and
    (ii) Timelines and milestones for accomplishing the project tasks.
    (2) Key project personnel and any consultants and subcontractors 
will be allocated to the project and how these allocations are 
appropriate and adequate to achieve the project's intended outcomes, 
including an assurance that such personnel will have adequate 
availability to ensure timely communications with stakeholders and RSA;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality; and
    (4) The proposed project will benefit from a diversity of 
perspectives, especially relevant partners, groups, and organizations 
described throughout this notice, in its development and operation.
    (g) Address the following application requirements. The applicant 
must--
    (1) Include, in Appendix A, a logic model that depicts, at a 
minimum, the goals, activities, outputs, and intended outcomes of the 
proposed project;
    (2) Include, in Appendix A, person-loading charts and timelines, as 
applicable, to illustrate the management plan described in the 
narrative; and
    (3) Include, in the budget, attendance at a one-day intensive 
review meeting in Washington, DC, during the third quarter of the third 
year of the project period.

Specialty Areas

    With this proposed priority, the Secretary intends to fund four 
national projects in the following specialty areas: (1) Interpreting 
for consumers with dysfluent language competencies (e.g., individuals 
who use idiosyncratic signs or display limited first language 
competency in either spoken or sign language, due to delayed 
acquisition of the first language); (2) trilingual interpreting (e.g., 
language fluency in first, second, and third languages with one of the 
three languages being ASL); and (3) field-initiated topics. Applicants 
must identify the specific focus area (1, 2, or 3) under which they are 
applying as part of the competition title on the application cover 
sheet (SF form 424, line 4). Applicants may not submit the same 
proposal under more than one specialty area.
Specialty Area 1: Interpreting for Consumers With Dysfluent Language 
Competencies
    Interpreting for consumers with dysfluent language competencies 
include: (1) Those with limited, idiosyncratic, or differing levels of 
first and second language fluency in English and ASL); (2) those who 
have families using non-English spoken languages at home and have 
limited or no fluency in English and ASL; (3) those with cognitive and 
physical disabilities that impact linguistic competencies; and (4) 
those who are deaf-blind with varying levels of vision and hearing 
functions.
Specialty Area 2: Trilingual Interpreting
    Trilingual interpreting is interpreting between three different 
languages; that is, two spoken languages such as English and Spanish, 
and ASL. This requires a working interpreter to be competent in three 
different languages and seamlessly facilitate communication between 
those languages in real time. RSA is seeking to fund similar projects 
in trilingual interpreting that includes languages that may be spoken 
in the United States.
    During the 2010-2016 grant cycle, RSA funded the development of 
trilingual interpreting specialized training between English and 
Spanish, and ASL. Therefore, proposals focusing on English and Spanish, 
and ASL are not eligible under this proposed priority.
Specialty Area 3: Field-Initiated Topics
    Field-initiated topics that address the needs of working 
interpreters to acquire specialized knowledge and competencies. These 
topics may address new specialty areas that require development of 
training modules of sufficient intensity, duration, and scope of 
sequence to warrant funding of an entire grant. Proposed topics may 
also

[[Page 27380]]

replace training in an established specialty area that is no longer 
relevant. For instance, applicants may propose new or updated training, 
such as interpreting in a VR setting given reauthorization of the 
Rehabilitation Act, as amended, by WIOA. Applicants may also propose a 
new subset of training in an established specialty area. For instance, 
in health care interpreting, mental health might be one permissible 
subset of training because it has its own unique challenges and 
complexities in terms of setting and deaf consumer needs. In addition, 
applicants must provide sufficient evidence to demonstrate the need for 
the proposed new specialty training project or to show that an existing 
specialized training project is not adequately meeting the training 
needs of interpreters in order to better meet the linguistic and 
communication needs of Deaf consumers.
    Field-initiated topics not eligible under this proposed priority 
include topics focusing on educational interpreting for pre-k-12 
students. In addition, applicants proposing to continue or expand 
existing training developed in prior grant cycles for deaf-blind 
interpreting, health care interpreting, legal interpreting, trilingual 
interpreting in English/Spanish/ASL, deaf self-advocacy training, 
interpreting in a VR setting, interpreting provided by Deaf 
Interpreters, and video remote interpreting and video relay 
interpreting) will not be considered eligible under this priority.

    Note:  The Secretary intends to fund a total of four projects in 
FY 2016 that have been awarded at least eighty-percent of the 
maximum possible points, including at least one project from each of 
the three specialty areas. As a result, the Secretary may fund 
applications out of rank order.

Types of Priorities

    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority: We will announce the final priority in a notice in 
the Federal Register. We will determine the final priority after 
considering responses to this notice and other information available to 
the Department. This notice does not preclude us from proposing 
additional priorities, requirements, definitions, or selection 
criteria, subject to meeting applicable rulemaking requirements.

    Note:
     This notice does not solicit applications. In any year in which 
we choose to use this priority, we invite applications through a 
notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this proposed regulatory action is ``significant'' and, therefore, 
subject to the requirements of the Executive order and subject to 
review by the Office of Management and Budget (OMB). Section 3(f) of 
Executive Order 12866 defines a ``significant regulatory action'' as an 
action likely to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only 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 would maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this proposed priority only on a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
would maximize net benefits. Based on the analysis that follows, the 
Department believes that this regulatory action is consistent with the 
principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for

[[Page 27381]]

administering the Department's programs and activities.
    Through this priority, working interpreters will receive training 
in a specialty area in order to better meet the communication needs of 
individuals who are deaf, including consumers of VR. The training 
ultimately will improve the quality of VR services and the competitive 
integrated employment outcomes achieved by individuals with 
disabilities. This priority would promote the efficient and effective 
use of Federal funds.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: The public 
understands the Department's collection instructions, respondents can 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    This proposed priority contains information collection requirements 
that are approved by OMB under the National Interpreter Education 
program 1820-0018; this proposed regulation does not affect the 
currently approved data collection.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site. 
You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: May 3, 2016.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2016-10718 Filed 5-5-16; 8:45 am]
 BILLING CODE 4000-01-P