[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14619-14622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04802]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living


Agency Information Collection Activities; Submission for OMB 
Review; Public Comment Request; State Plan for Independent Living 
Instrument and Instructions OMB Control Number 0985-0044

AGENCY: Administration for Community Living, HHS.

ACTION: Notice.

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SUMMARY: The Administration for Community Living is announcing that the 
proposed collection of information listed above has been submitted to 
the Office of Management and Budget (OMB) for review and clearance as 
required under section 506(c)(2)(A) of the Paperwork Reduction Act of 
1995. This 30-day notice collects comments on the information 
collection requirements related to the State Plan for Independent 
Living Instrument and Instructions.

DATES: Submit written comments on the collection of information by 
April 10, 2023.

ADDRESSES: Submit written comments and recommendations for the proposed 
information collection within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find the information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the search function. By mail to the Office of Information 
and Regulatory Affairs, OMB, New Executive Office Bldg., 725 17th St. 
NW, Rm. 10235, Washington, DC 20503, Attn: OMB Desk Officer for ACL.

FOR FURTHER INFORMATION CONTACT: Peter Nye, Administration for 
Community Living, Washington, DC 20201, (202) 795-7606 or 
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, ACL has 
submitted the following proposed collection of information to OMB for 
review and clearance. The Administration for Community Living (ACL) is 
requesting approval to collect data for the State Plan for Independent 
Living Instrument and Instructions.
    Legal authority for the State Plan for Independent Living (SPIL) is 
contained in chapter 1 of title VII of the Rehabilitation Act of 1973, 
as amended by the Workforce Innovation and Opportunity Act ([the Act], 
Pub. L. 113-128). Section 704 of the Rehabilitation Act requires that, 
to be eligible to receive financial assistance under chapter 1, ``a 
State shall submit to the Department, and obtain approval of, a State 
plan containing such provisions as the Department may require.'' ACL 
approval of the SPIL is required for states to receive Federal funding 
for both the Independent Living Services State grants and Centers for 
Independent Living (CIL) programs. Federal statute and regulations 
require the collection of this information every three years. The 
current three-year approval period for the SPIL expires March 31, 2023. 
The SPIL Instrument is the template for SPILs; the SPIL Instructions 
explain the Instrument and give tips about how to draft SPILs.
    The Office of Independent Living Programs (OILP) is proposing minor 
revisions based on OILP and the technical assistance provider revising 
the Instrument and Instructions to resolve issues that SILCs have 
reported having with their SPILs, and to increase the Instrument's and 
Instructions' clarity, conciseness, and precision. For example,
     The revised Instrument and Instructions correct 
grammatical and punctuation errors.
     The revised Instructions add lines for each core service.
     The revised Instrument and Instructions clarify the 
definition, and example, of state match.
    These updates were recommended by the technical assistance provider 
and analyzed by all the independent living project officers who work 
directly with SPILs and the issues that they plan for.
    The SPIL is jointly developed by the chairperson of the Statewide 
Independent Living Council and the directors of the CILs in the state, 
after receiving public input from individuals throughout the State, and 
signed by the chairperson of the SILC, acting on behalf of--and at the 
direction of--the SILC, the director of the designated State entity, 
and not less than 51 percent of the directors of the CILs in the State. 
ACL reviews the SPIL for compliance with the Rehabilitation Act and 45 
CFR part 1329 and approves the SPIL. The SPIL serves as a primary 
planning document for continuous monitoring of, and technical 
assistance to, the state independent living (IL) programs to ensure 
appropriate planning, financial support and coordination, and other 
assistance to appropriately address, statewide, needs for the provision 
of IL services in the state.
    The proposed data collection tools may be found on the ACL website 
for review at https://www.acl.gov/about-acl/public-input.

[[Page 14620]]

Comments in Response to the 60-Day Federal Register Notice

    A notice published in the Federal Register 87 FR 72487-72488 on 
November 25, 2022.
    There were 35 received during the 60-day FRN.
    ACL's responses to these comments are included below.

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         Comment from               Section               Public comment                   ACL response
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Stephanie Jensen.............  Instructions....  ``Equity and Independent Living  ACL is underlining these terms
                               Definitions.....   Philosophy need to be            in the Definitions.
                                                  underlined''.
Ann McDaniel.................  Instructions....  Add the following definition of  ACL supports this definition,
                               Definitions.....   independent living and delete    so ACL is adding it.
                                                  the note ``Different centers    ACL agrees with NCIL's
                                                  and different cultures may       assessment that ``Independent
                                                  implement independent living     Living is Independent Living
                                                  and the philosophy               and that too many CILs
                                                  differently.''                   currently do things that are
                                                 ``Independent Living means        not consistent with the
                                                  maximizing the ability of        purpose of Title VII and the
                                                  people with disabilities to:.    IL Philosophy.'' Therefore,
                                                  ``Control their own      ACL is deleting the statement
                                                  lives;.                          that ``Different centers and
                                                  ``Participate in the     different cultures may
                                                  community;.                      implement independent living
                                                  ``Live independently     and the philosophy
                                                  (as opposed to in                differently.''
                                                  institutions); and.
                                                  ``Have economic
                                                  security.''.
Stephanie Jensen.............  Instructions....  ``There needs to be a line       ACL supports adding a blank
                               Definitions.....   space after Pacific Islander     line, so ACL is adding a
                                                  and before Nonresidential''.     blank line.
Ann McDaniel.................  Instructions....  Rephrase the ``state match''     ACL is rephrasing in reaction
                               Definitions.....   definition to refer to the       to this comment because the
                                                  ``Instructions'' as opposed to   definition means to refer to
                                                  the ``Narrative''.               the Instructions (as opposed
                                                                                   to the narrative).
Ann McDaniel.................  Instructions....  Divide the definition of         ACL believes this division
                               Definitions.....   ``Unserved and underserved       would be too prescriptive.
                                                  groups or populations'' into a   The regulations require the
                                                  definition of ``Unserved'' and   state IL networks to
                                                  a definition of                  determine (via the SPILs)
                                                  ``Underserved''.                 what is unserved and what is
                                                                                   underserved. This issue will
                                                                                   require further discussion
                                                                                   with state IL networks; ACL
                                                                                   will further discuss this
                                                                                   issue with state IL networks
                                                                                   sometime in the future.
Sandra Fari[ntilde]a.........  Instructions....  Provide specific guidance ``as   ACL received several comments
                               Definitions.....   to how the IL Network will       asking ACL to define
                                                  determine `served, unserved,     ``unserved'' and
                                                  and underserved' populations''.  ``underserved.'' Instead of
                                                                                   adding definitions, ACL is
                                                                                   keeping the current
                                                                                   definition (which comes from
                                                                                   the federal regulations) and
                                                                                   is continuing to defer to
                                                                                   state IL networks to identify
                                                                                   and define unserved and
                                                                                   underserved populations. ACL
                                                                                   acknowledges that this issue
                                                                                   deserves further discussion
                                                                                   with the IL community, and
                                                                                   ACL will further discuss this
                                                                                   issue with the IL community
                                                                                   at some later time.
Ann McDaniel.................  Instructions....  Rephrase the public-input        ACL supports this rephrasing
                               SPIL............   requirement to ``States are      because it clarifies that
                               Development.....   required to gather public        ``submission'' means
                                                  input prior to development of    submission of the SPIL and
                                                  the SPIL and feedback/comment    clarifies what the public
                                                  prior to its submission and on   input is supposed to be
                                                  any proposed revisions to the    about.
                                                  approved state plan before
                                                  drafting.''.
Ann McDaniel.................  Instructions [no  Add a SPIL-appeals process       ACL is concerned about this
                                such section      (before SPIL submittal).         issue but does not want to
                                exists yet].                                       require appeals processes or
                                                                                   written records of
                                                                                   objections. Instead, ACL is
                                                                                   adding the following
                                                                                   statement to the Instructions
                                                                                   Section 9 Signatures. ``If a
                                                                                   required signatory objects to
                                                                                   the SPIL, then that required
                                                                                   signatory needs to tell the
                                                                                   program officer before SPIL
                                                                                   submission.''
Ann McDaniel.................  Instructions....  Formatting of the SPIL           ACL agrees, so ACL is
                               SPIL............   Amendments section needs to be   formatting this section to be
                               Amendments......   consistent.                      consistent.
Mark Leeper..................  Section 1:        Specify that the ``goals and     ACL thinks that adding this
                                Goals,            objectives should relate to      text would be superfluous, so
                                Objectives and    the funding that is available    ACL is not adding this text.
                                Activities.       to the IL Network . . . .''.
Mark Leeper..................  Section 1:        ``In many states, those          The SPIL is supposed to
                                Goals,            creating the SPIL have           reflect all the funding for
                                Objectives and    struggled to make these goals    IL in the state, including
                                Activities.       and objectives specific to the   Part B, Part C, and other
                                                  funding that the SPIL can        funds that pertain to the
                                                  directly control''; that has     SPIL outcomes. Therefore, ACL
                                                  caused confusion and conflicts   is not revising in reaction
                                                  about CILs reporting ``to the    to this comment.
                                                  DSE and/or SILC on activities
                                                  that are funded with Part C
                                                  dollars and that are already
                                                  being reported in CIL PPRs . .
                                                  . .''.

[[Page 14621]]

 
Mark Leeper..................  Section 1:        ``SPIL goals and objectives or   The SPIL is supposed to
                                Goals,            workplans should focus on        reflect all the funding for
                                Objectives and    funds available to the state     IL in the state, including
                                Activities.       through Part B or other          Part B, Part C, and other
                                                  sources and avoid redundant      funding that supports the
                                                  and confusing attention to       goals in the SPIL. Therefore,
                                                  funds already managed through    ACL is not revising in
                                                  other mechanisms''.              reaction to this comment.
Mark Leeper..................  Section 1:        ``The SPIL should describe the   The SPIL is supposed to
                                Goals,            IL network and offer clear,      reflect all the funding for
                                Objectives and    measurable results of what is    IL in the state, including
                                Activities.       done with funding that is        Part B, Part C, and other
                                                  available to the network but     funding that supports the
                                                  is not described and monitored   goals in the SPIL. Therefore,
                                                  by some other process.''.        ACL is not revising in
                                                                                   reaction to this comment.
Ann McDaniel.................  Instructions 1.4  Add the following immediately    ACL is adding this sentence
                               Evaluation......   after ``Compliance of CILs       because ACL often receives
                                                  receiving Part B funds . . .''   questions about this issue.
                                                  ``The process for that
                                                  oversight must be negotiated
                                                  and included in Section 4.5 of
                                                  the SPIL.''.
Ann McDaniel.................  Instructions 1.5  Clarify that the note refers to  ACL is adding these revisions
                               Financial Plan..   deviations from the financial    because they clarify what
                                                  plan ``regarding Chapter 1,      requires a substantial
                                                  Part B funds'' and that          amendment and what does not.
                                                  ``Deviations of less than 25%
                                                  may be reported with a
                                                  technical amendment.''.
Ann McDaniel.................  Instructions 1.5  In the 1.5 Financial Plan        ACL is deleting this struck-
                               Financial Plan..   table, delete the struck-        through text (because it is
                                                  through text in the ``Non-       unnecessary).
                                                  Federal Funds'' cell.
Ann McDaniel.................  Instructions 1.5  ``Instructions for the           ACL is not including such a
                               Financial Plan..   narrative section should         statement because that the
                                                  indicate that justification      Instrument and Instructions
                                                  for using more than 30% of the   adequately give that
                                                  Part B funds for the SILC        instruction elsewhere.
                                                  Resource Plan should be
                                                  included here.''.
Stephanie Jensen.............  Instrument 1.5    ``separate lines for Part B      ACL agrees with this
                                Financial Plan.   Match, other match, and State    assessment; this assessment
                                                  funds will make the math         does not make any revision
                                                  easier because a step is         necessary.
                                                  eliminated''.
Stephanie Jensen.............  Instrument 1.5    ``it is good that it is clear    ACL agrees with this
                                Financial Plan.   that the line for Innovation     assessment; this assessment
                                                  and Expansion Funds . . .        does not make any revision
                                                  cannot be $0.''.                 necessary.
Ann McDaniel.................  Instructions 2.1  In 2.1 Narrative, ``Specify      ACL is not adding such a
                               Narrative.......   what entities, if any, other     statement because entities
                                                  than CILs are providing IL       other than CILs that provide
                                                  services in the state and how    IL services are not required
                                                  the DSE ensures such services    to be consumer controlled.
                                                  are consumer controlled . .
                                                  .''.
Ann McDaniel.................  Instructions 3.1  Add ``a method . . . to          ACL is not adding a method
                               Existing Centers   indicate which counties are .    because the state IL network
                                                  . . served, unserved, and        is supposed to determine
                                                  underserved . . .''.             (according to its standards)
                                                                                   which counties are served,
                                                                                   unserved, and underserved.
Sandra Fari[ntilde]a.........  4.1 DSE           ``Require all responsible        The terms and conditions of
                                Responsibilitie   parties listed within the SPIL   grants to CILs require them
                                s.                to agree to the assigned data    to submit program performance
                                                  collection and defined           reports to the SILC. If a
                                                  responsibilities to promote      state IL network wants and/or
                                                  compliance with the ILS PPR.''.  needs more assurance of this
                                                                                   kind, then that state IL
                                                                                   network can impose this kind
                                                                                   of assurance. (The SPIL is
                                                                                   not supposed to be an
                                                                                   assurance document.)
                                                                                   Therefore, ACL is not adding
                                                                                   something in reaction to this
                                                                                   comment.
Stephanie Jensen.............  Instructions 4.4  Italicize ``Describe the         ACL is italicizing this text.
                               Grant Process &    processes, policies, and
                                Distribution of   procedures . . .'' and the
                                Funds.            following bullet points.
Stephanie Jensen.............  Instructions 4.5  ``The oversight process for the  ACL is correcting this error.
                               Oversight          DSE'' needs to be in the same
                                Process for       font size as the rest of the
                                Part B Funds.     subsection.
Stephanie Jensen.............  Instructions 4.5  The first italicized text needs  ACL is correcting this error.
                               Oversight          to be on its own line.
                                Process for
                                Part B Funds.
Stephanie Jensen.............  Instructions 4.5  ``Other oversight activities''   ACL is correcting this error.
                               Oversight          needs to be its own bullet
                                Process for       point.
                                Part B Funds.
Cheryl Peabody...............  Instructions 5.2  ``detailed instructions'' on     ACL means to offer more
                               SILC Resource      ``how to acknowledge I&E funds   guidance on how to report I&E
                                Plan.             allocations reporting in the     funds; such guidance would be
                                                  [SILC] Resource Plan'' would     outside the scope of the SPIL
                                                  be helpful.                      Instrument and Instructions.
                                                                                   Therefore, ACL is not adding
                                                                                   instructions to the SPIL
                                                                                   Instrument and Instructions.
Stephanie Jensen.............  Instructions 5.2  ``It is good that there is a     ACL agrees with this comment
                               SILC Resource      place to describe the SILC       and understands that it
                                Plan.             authorities that the SILC will   requires no revision, so ACL
                                                  be engaging in during the        is not revising in reaction
                                                  SPIL. Section 5.2 seems to be    to this comment.
                                                  a good place.''.

[[Page 14622]]

 
Ann McDaniel.................  Instructions 5.2  In 5.2 SILC Resource Plan,       ACL agrees that this
                               SILC Resource      rephrase the ``Narrative''       rephrasing is more accurate
                                Plan.             instruction to ``Provide a       and easier to understand.
                                                  brief description of how the
                                                  SILC Authorities will be
                                                  conducted by the SILC during .
                                                  . .''.
Sandra Fari[ntilde]a.........  5.2 SILC          ``Describe what process(es)      Adding such description would
                                Resource Plan.    will be used to disburse funds   be outside the SPIL's proper
                                                  for the SILC Resource Plan . .   scope: The DSE and SILC are
                                                  . .''.                           supposed to choose processes
                                                                                   that comply with state
                                                                                   policies.
Sandra Fari[ntilde]a.........  5.2 SILC          ``Provide guidance on            ACL is adding a statement
                                Resource Plan.    acceptable forms of resource     about this issue and a
                                                  development that the SILC may    citation of the regulatory
                                                  engage in.''.                    requirement.
Ann McDaniel.................  Instrument 5.2    Add a chart of authorities that  ACL is not adding such a chart
                                SILC Resource     Section 705(c)(2) of the Act     because the information that
                                Plan.             allows the SILC to elect to      this chart would request is
                                                  engage in.                       adequately requested
                                                                                   elsewhere in the SPIL.
Ann McDaniel.................  Instructions 5.3  In 5.2 SILC Resource Plan,       ACL agrees that adding this
                               Maintenance of     ``provide a list of the          list would be helpful; ACL is
                                SILC.             Authorities with space for the   adding it as a list as
                                                  SILC to mark which they are      opposed to a chart.
                                                  electing to conduct . . .''.
Ann McDaniel.................  Instructions 9    ``[clarify] that a signature     ACL is adding this
                                Signatures.       space be included for every      clarification because it is
                                                  CIL eligible . . .''.            helpful.
Sandra Fari[ntilde]a.........  [none in          ``Identify opportunities for     ACL requires all IL networks
                                particular].      the SILC and its IL partners     to do training and technical
                                                  to engage in training and        assistance; that is not
                                                  technical assistance . . .''.    supposed to be part of the
                                                                                   SPIL Instrument and
                                                                                   Instructions. Therefore, ACL
                                                                                   is not adding something in
                                                                                   reaction to this comment.
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    Estimated Program Burden: ACL estimates the burden of this 
collection of information as follows: 56 Statewide Independent Living 
Councils (SILCs) will respond to the requirement for a SPIL every three 
years. Each state's, outlying area's, or the District of Columbia's 
SILC will take approximately 60 hours to develop the SPIL for a total 
of approximately 3,360 hours. This estimate is based on amounts of time 
SILCs have reported previously spending to complete the SPIL. ACL does 
not expect the changes to the Instrument and Instructions to take more 
or less time than the currently approved information collection. 
Therefore, there is no change to the estimated burden.

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                                                     Number of     Responses per     Hours per     Annual burden
       Respondent/data collection activity          respondents     respondent       response          hours
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Statewide Independent Living Councils...........              56               1              60           3,360
                                                 ---------------------------------------------------------------
    Total.......................................              56               1              60           3,360
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    Dated: March 3, 2023.
Alison Barkoff,
Acting Administrator and Assistant Secretary for Aging.
[FR Doc. 2023-04802 Filed 3-8-23; 8:45 am]
BILLING CODE 4154-01-P