Notice2023-04802
Agency Information Collection Activities; Submission for OMB Review; Public Comment Request; State Plan for Independent Living Instrument and Instructions OMB Control Number 0985-0044
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 9, 2023
Issuing agencies
Health and Human Services DepartmentCommunity Living Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 46 (Thursday, March 9, 2023)</title>
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[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14619-14622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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
<a href="/cdn-cgi/l/email-protection#27686e6b7777756664484a4a424953546746444b094f4f5409404851"><span class="__cf_email__" data-cfemail="1857515448484a595b7775757d766c6b58797b743670706b367f776e">[email protected]</span></a>.
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,
<bullet> The revised Instrument and Instructions correct
grammatical and punctuation errors.
<bullet> The revised Instructions add lines for each core service.
<bullet> 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 <a href="https://www.acl.gov/about-acl/public-input">https://www.acl.gov/about-acl/public-input</a>.
[[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,
<bullet> ``Control their own ACL is deleting the statement
lives;. that ``Different centers and
<bullet> ``Participate in the different cultures may
community;. implement independent living
<bullet> ``Live independently and the philosophy
(as opposed to in differently.''
institutions); and.
<bullet> ``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
----------------------------------------------------------------------------------------------------------------
Statewide Independent Living Councils........... 56 1 60 3,360
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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
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