[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42871-42872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17271]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.264A]


Final Extension of Project Period and Waiver; Rehabilitation 
Continuing Education Program for the Technical Assistance and 
Continuing Education Centers (TACE Centers)

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

ACTION: Final extension of project period and waiver.

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SUMMARY: The Secretary waives the requirements that generally prohibit 
project periods exceeding five years and extensions of project periods 
involving the obligation of additional Federal funds. This extension 
and waiver enables the currently funded TACE Centers to receive funding 
through September 30, 2014.

DATES: The extension of the project period and waiver are effective 
July 18, 2013.

FOR FURTHER INFORMATION CONTACT: RoseAnn Ashby, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5055, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202) 245-7258.
    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: On March 15, 2013, the Department published 
a notice in the Federal Register (78 FR 16447) proposing an extension 
of project period and a waiver of 34 CFR 75.250 and 34 CFR 75.261(c)(2) 
in order to--
    (1) Enable the Secretary to provide additional funds to eight of 
the currently funded TACE Centers for an additional 12-month period, 
from October 1, 2013, through September 30, 2014, and to provide 
additional funds to two of the TACE Centers from December 22, 2013, 
through September 30, 2014; and
    (2) Invite comments on the proposed extension of project period and 
waiver.
    There are no substantive differences between the proposed extension 
and waiver and this final extension and waiver.

Public Comment

    In response to our invitation in the proposed extension of project 
period and waiver, seven parties submitted comments. All of the 
commenters supported the Department's proposed extension and waiver, to 
permit eight of the TACE Centers to receive Federal funds from October 
1, 2013, through September 30, 2014, and to permit two of the TACE 
Centers to receive funds from December 22, 2013, through September 30, 
2014.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments that raise concerns not 
directly related to the proposed extension and waiver.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the extension and waiver since publication of the 
proposed extension and waiver follows.
    Comment: Seven commenters supported extending the TACE Centers' 
project period for another year to avoid a disruption in the technical 
assistance (TA) and continuing education (CE) provided to State 
vocational rehabilitation (VR) agencies and their partners in the ten 
Federal regions.
    Discussion: We appreciate the commenters' support.
    Changes: None.

Background

    On June 5, 2008, and October 20, 2008, the Department published 
notices in the Federal Register (73 FR 32006, 73 FR 62263) inviting 
applications for new awards for fiscal years (FYs) 2008 and 2009 for 
TACE Centers to be funded under the Rehabilitation Training Program, 
authorized under Section 302 of the Rehabilitation Act of 1973, as 
amended. The Department awarded grants to a total of 10 TACE Centers--
eight in FY 2008 and two in early FY 2009--for a period of 60 months. 
All 10 projects are scheduled to end in calendar year 2013.
    The purpose of these centers is to improve the quantity and quality 
of employment outcomes for individuals with disabilities through 
enhanced technical assistance (TA) and continuing education (CE) for 
State VR agencies and agency partners that cooperate with State VR 
agencies in

[[Page 42872]]

providing VR and other rehabilitation services (e.g., Centers for 
Independent Living, Client Assistance Programs, and Community 
Rehabilitation Programs).
    The TACE Centers contribute to the following outcomes: Improved 
quality of VR services, increased effectiveness and efficiency of State 
VR agencies in delivering VR services, and improved quantity and 
quality of VR employment outcomes for individuals with disabilities. 
The TACE Centers must contribute to these outcomes by providing, either 
directly or through contract, TA to State VR agencies and agency 
partners. The TACE Centers must also provide CE to employees of State 
VR agencies and agency partners on topics that are identified jointly 
by the Rehabilitation Services Administration and each TACE Center's 
advisory committee, and included in the TACE Center's annual work plan.
    The Department is in the process of reviewing and analyzing the 
current program to determine future needs, strategies, and funding 
priorities for FY 2014. As such, we do not believe that it would be in 
the public interest to run a competition for new TACE Centers this 
year.
    For this reason, the Secretary waives the requirements in 34 CFR 
75.250 and 34 CFR 75.261(c)(2), which prohibit project periods 
exceeding five years and extensions of project periods involving the 
obligation of additional Federal funds. The Secretary also extends the 
current project period for the ten TACE Center grantees funded in FYs 
2008 and 2009 until September 30, 2014.
    This extension of project period and waiver allows the ten TACE 
Center grantees to request continuation funding in FY 2013 for project 
periods through FY 2014. We base our decisions regarding continuation 
awards on the program narratives, budgets, budget narratives, and 
program performance reports submitted by these ten TACE Center grantees 
and the requirements in 34 CFR 75.253. Any activities to be carried out 
during the year of a continuation award must be consistent with, or be 
a logical extension of, the scope, goals, and objectives of a grantee's 
application as approved in the 2008 TACE Center competitions. The 2008 
TACE Center notices inviting applications will continue to govern these 
projects during the extension year.

Waiver of Delayed Effective Date

    The Administrative Procedure Act requires that a substantive rule 
must be published at least 30 days before its effective date, except as 
otherwise provided for good cause (5 U.S.C. 553(d)(3)). We have not 
made any substantive changes to the proposed extension of project 
period and waiver. The Secretary has therefore determined to waive the 
delayed effective date to ensure timely continuation grants to the 
entities affected and continuation of the valuable services the TACE 
Centers provide.

Regulatory Flexibility Act Certification

    The Secretary certifies that this final extension of the project 
period and waiver will not have a significant economic impact on a 
substantial number of small entities. The only entities that will be 
affected are the current grantees and any other potential applicants.

Paperwork Reduction Act of 1995

    The final extension of project period and waiver do not contain any 
information collection requirements.

Intergovernmental Review

    This program is not subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR part 79.
    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 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 Adobe 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: July 15, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and the duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-17271 Filed 7-17-13; 8:45 am]
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