[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54006-54008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14226]


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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; the State Plan for Assistive Technology 
(OMB Control Number 0985-0048)

AGENCY: Administration for Community Living, HHS.

ACTION: Notice.

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SUMMARY: The Administration for Community Living (ACL) 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 proposed extension 
of the information collection requirements relating to the State Plan 
of Assistive Technology (OMB Control Number 0985-0048).

[[Page 54007]]


DATES: Comments on the collection of information must be submitted 
electronically by 11:59 p.m. ET or postmarked. July 29, 2024.

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, Attention: OMB Desk Officer for 
ACL.

FOR FURTHER INFORMATION CONTACT: [email protected] (202) 
795-7356.

SUPPLEMENTARY INFORMATION: In compliance with the Paperwork Reduction 
Act (44 U.S.C. 3506), the Administration for Community Living (ACL) has 
submitted the following proposed collection of information to OMB for 
review and clearance. Section 4 of the 21st Century Assistive 
Technology Act (AT Act) provides grants to states and territories to 
operate comprehensive statewide assistive technology programs 
(Statewide AT Programs) that increase access to and acquisition of AT 
devices and services for individuals with disabilities and older 
Americans. States and territories are required to apply to ACL in order 
to receive funds under this grant program. Section 4(d) of the AT Act 
requires that this application contain:
    (1) Information identifying and describing the lead agency and 
implementing entity (if applicable) responsible for carrying out the 
Statewide AT Program and a description of how the implementing entity 
(if applicable) coordinates and collaborates with the state;
    (2) A description of how public and private entities were involved 
in the development of the application and will be involved in 
implementation of the grant, including the resources to be committed by 
these entities;
    (3) A description of how the Statewide AT Program will implement 
the activities required under the grant, which include state financing, 
device reutilization, device loans, device demonstrations, training, 
technical assistance, and public awareness. Statewide AT Programs must 
conduct these activities in coordination and collaboration with other 
appropriate entities;
    (4) An explanation of how the grant funds will be allocated, used, 
and tracked;
    (5) A set of assurances; and
    (6) A description of the activities that will be supported with 
State funds.

Section 4 Requirements Necessitating Submission of the State Plan for 
AT and Annual Data Collection

    Section 4 of the AT Act authorizes grants to public agencies in the 
50 states and the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Marianas (states and outlying areas). With these funds, the 56 states 
and territories operate ``Statewide AT Programs'' that conduct 
activities to increase access to, and acquisition of, assistive 
technology (AT) for individuals with disabilities and older Americans. 
These comprehensive activities are divided into two categories: 
``State-level Activities'' and ``State Leadership Activities.''
    According to Section 4 of the AT Act, as a condition of receiving a 
grant to support their Statewide AT Programs, the 56 states and 
territories must provide to ACL: (1) applications and (2) annual 
progress reports on their activities.
    Applications: The application required of states and territories is 
a three-year State Plan for Assistive Technology (State Plan for AT or 
State Plan) (OMB No. 0985-0048). The content of the State Plan for AT 
is based on the requirements in Section 4(d) of the AT Act. As a part 
of this State Plan, Section 4(d)(3) of the AT Act requires that states 
and territories conduct activities addressing the assistive technology 
needs of individuals with disabilities in education, employment, 
community living and information technology/telecommunications.
    National aggregation of data related to the required state-level 
and state leadership activities is necessary for the Government 
Performance and Results Modernization Act of 2010 (GPRAMA) as well as 
an Annual Report to Congress. Therefore, this State Plan for AT 
instrument provides a way for all 56 grantees--50 U.S. states, DC, 
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands to collect and report data 
on their performance in a consistent manner.
    Annual Reports: In addition to submitting a State Plan for AT every 
three years, states and outlying areas are required to submit annual 
progress reports on their activities. The data required in that 
progress report is specified in Section 4(f) of the AT Act.

Section 8 Requirements Necessitating Collection

    Section 8(d) of the AT Act requires that ACL submit to Congress an 
annual report on the activities identified in the State Plan for AT and 
an analysis of the progress of the states and territories in meeting 
their measurable goals. The State Plan for AT must include a 
compilation and summary of the activities conducted under Section 4(f). 
In order to make this possible, states and territories must provide 
their data uniformly. This State Plan for AT instrument was developed 
to ensure that all 56 states and territories report data in a 
consistent manner in alignment with the requirements of Section 4(f).

Comments in Response to the 60-Day Federal Register Notice (FRN)

    ACL published a 60-day FRN on March 26, 2024, at 89 FR 20977. ACL 
received six comments in support of the updates to the State Plan for 
AT instrument: one each from the Michigan AT Program, the Wisconsin AT 
Program, and the Association of Assistive Technology Act Programs 
(ATAP). A public comment summary and ACL responses are provided below.
    Comment Summary: Proposed overall updates to the State Plan for 
Assistive Technology (AT) information collection (IC) instrument and 
instruction manual to align with the reauthorization of the Assistive 
Technology Act. Two State AT Act Program grantees and the Association 
of Assistive Technology Act Programs (ATAP) commented in support of the 
proposed updates to the State Plan for AT IC as reasonable changes to 
align with the 21st Century Assistive Technology Act.
Comments
    (1) Wisconsin Assistive Technology Program: ``I have reviewed the 
proposed State Plan for AT Instrument and Instructions and also 
reviewed it with our Statewide Assistive Technology Advisory Council. 
The reporting structure and requirements appear to satisfy the 21st 
Century Assistive Technology Act. The updated components and 
information do not appear that they will cause our program any undue 
burden or increase our level of reporting for completion of the State 
Plan for Assistive Technology. I look forward to submitting our next 
three-year State Plan to ACL once this is finalized.''
    (2) Michigan Assistive Technology Program: ``I just wanted to 
submit a

[[Page 54008]]

comment on the proposed changes to the state plan--the proposed changes 
look great and won't be a burden for our state. Thank you for all you 
are doing.''
    (3) Association of Assistive Technology Act Programs: ``On behalf 
of the Association of Assistive Technology Act Programs (ATAP), we 
would like to respond to the U.S. Department of Health and Human 
Services, Administration for Community Living (ACL)'s Federal Register 
Notice (FRN) published on March 26, 2024 in 89 FR 20977 regarding the 
proposed updates to the State Plan for Assistive Technology.
    ATAP represents State and Territory Assistive Technology Act 
Programs formula funded under Section 4 of the Assistive Technology 
(AT) Act. State and Territory AT Act Programs operate in all 50 states, 
the District of Columbia, Puerto Rico and four territories and are 
available for persons with all types of disabilities, all ages, in all 
environments (education, employment, community living, and information 
technology). State and Territory AT Act Programs are able to best match 
the proper assistive technology (AT) with individuals' needs, provide a 
device demonstration, loan a device, and provide training and support 
for the use of the device. Assistive technology and/or adaptive 
equipment can facilitate, support, and improve functionality so every 
individual with disability can obtain an education, gain, and maintain 
employment, and live independently in their community.
    ATAP supports ACL's proposed updates to the State Plan for 
Assistive Technology that mirror the changes made to the Assistive 
Technology Act in the 2022 reauthorization, retitling the law to the 
21st Century Assistive Technology Act.
    ATAP appreciates the opportunity to comment. Please let me know if 
we can provide any additional information.''
    ACL Response: ACL acknowledged receipt of comments in support of 
the updates to the State Plan for AT.
    Comment Summary: The Texas Assistive Technology Act Program 
submitted three comments on proposed changes for clarification of terms 
and activities consistent with the reauthorization of the AT Act.
Comment 1: Advisory Council
    ``While I completely agree in the proposed representation on the 
Advisory Committee, unless the other agency has a commensurate data 
point or a fiscal incentive, they may not be inclined to participate on 
a state AT Program Advisory. I would assume a state AT program would do 
their due diligence to acquire representation, and could likely 
document doing so, it still may not occur. I would hope the plan would 
provide an opportunity for a State AT Program to document such efforts.
    As a specific example for Texas' SEA has been reluctant to engage 
the state AT Program in any respect. While TTAP has been able to gain 
participation at Regional levels (Education Service Centers which serve 
under Texas' SEA--so in essence are representatives but are not 
directly employed by the SEA), and local levels (LEAs that engage the 
TTAP Advisory in some capacity), we have not been able to get an actual 
SEA employee to participate in our Advisory. We speculate, there are 
many possible reasons--understaffing, frequent turn over, lack of 
support for AT/assumption that LEAs are ``doing fine'' with AT, etc. I 
have heard from other programs similar issues--also extending to VA, 
housing, Medicaid/HHS, and transportation representation.
    To summarize, I see the value of this expectation but think many 
programs will not be able to make the mark. I am hopeful there will be 
a mechanism to share efforts programs have made to fulfill this grant 
obligation even if it was not realized--perhaps some place to record 
future plans to encourage engagement.''
    ACL Response: ACL acknowledged receipt of comment. The updated 
State Plan for AT instrument enables grantees to describe their efforts 
to secure required Advisory Council membership.
Comment 2: Education/Training, Technical Assistance, and Public 
Awareness
    ``I think this section does not capture the dept of work State AT 
programs put into this activity. This changes practice which eventually 
affects outcomes. We can provide access to technology all day long but 
if people (professionals, care givers, and people with disabilities) do 
not know what to do with it, it is useless. The collection tool asks 
for no more than three examples, but education/training, and technical 
assistance are what make the biggest difference. Anecdotal and 
narrative information does not measure the impact these activities have 
on the provision of AT devices and services. I would also like to be 
able to highlight more than one or two public awareness event plans. 
These state leadership activities drive increased state level 
activities. State AT programs should be able to share this robust 
information and possibly outline 1-3-5-year plans for increasing 
leadership to better support state level programs.''
    ACL Response: ACL acknowledged receipt and agrees with the comment, 
which is specific to data collection and reporting for the AT Annual 
Progress Report (APR) Information Collection (IC) instrument. The State 
Plan for AT is a high-level three-year planning document outlining 
projected AT Act activities. The AT APR provides an expansive mechanism 
to report annually on these activities.
Comment 3: Coordination/Collaboration and State Improvement Initiatives
    ``I did not see this reflected in the State AT planning document 
though we do collect data on this annually. It also highlights the 
local control afforded state programs to determine specific needs for 
our consumers which is a positive aspect of the grant.''
    ACL Response: ACL acknowledged receipt and agrees with the comment 
that is specific to the AT APR IC. The State Plan for AT is a high-
level three-year planning document outlining projected AT Act 
activities. The AT APR provides an expansive mechanism to report 
annually on these activities.

Estimated Program Burden

    ACL estimates the burden of this collection of information as 
follows:
    Fifty-six grantees report to ACL using the web-based data 
collection system. A workgroup of grantees estimated that the average 
amount of time required to complete all responses to the data 
collection instrument is 73 hours annually. The burden estimates affect 
the reporting responsibilities of the Statewide AT Programs, and the 
directors were chosen to represent the diversity of the 56 programs 
based on regions of the country, sizes of the programs, types of 
agencies operating the programs, and whether or not the director is an 
individual with a disability. The estimated response burden includes 
time to review the instructions, gather existing information, and 
complete and review the data entries.

a. Number of respondents--56
b. Frequency of response--1
c. Total annual responses (a x b)--56
d. Hours per response--73
e. Total burden hours (c x d)--4,088

    Dated: June 24, 2024.
Alison Barkoff,
Principal Deputy Administrator for the Administration for Community 
Living, performing the delegable duties of the Administrator and the 
Assistant Secretary for Aging.
[FR Doc. 2024-14226 Filed 6-27-24; 8:45 am]
BILLING CODE 4154-01-P