[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57066-57067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22626]
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DEPARTMENT OF EDUCATION
34 CFR Parts 75 and 371
[Catalog of Federal Domestic Assistance (CFDA) Number: 84.250C and
84.250D]
Final Waivers and Extensions of Project Periods; American Indian
Vocational Rehabilitation Services (AIVRS) Program
AGENCY: Rehabilitation Services Administration, Office of Special
Education and Rehabilitative Services, Department of Education.
ACTION: Final waivers and extensions of project periods.
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SUMMARY: The Secretary waives the regulations that generally limit
project periods to 60 months and that restrict project period
extensions involving the obligation of additional Federal funds. As a
result, for the 60-month projects initially funded in fiscal years
(FYs) 2007 and 2008 under the AIVRS program, the Secretary is extending
the project periods until September 30, 2014.
DATES: Effective September 17, 2013.
FOR FURTHER INFORMATION CONTACT: August Martin, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5049, Potomac Center Plaza
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7410.
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 June 11, 2013, the Department published a
notice in the Federal Register (78 FR 34962) inviting comments on the
Department's proposal to make certain AIVRS grants effective for more
than 60 months under the authority of Section 121(b)(3) of the
Rehabilitation Act of 1973, as amended (the Act). The Secretary
proposed to waive the requirements of 34 CFR 75.250, which generally
limit project periods to 60 months, and of 34 CFR 75.261(c)(2), which
restrict project period extensions involving the obligation of
additional Federal funds. The Secretary also proposed to extend the
project period for the 32 AIVRS grantees from October 1, 2013, through
September 30, 2014. The proposed waivers and extensions would enable
the 32 AIVRS grantees to request, and continue to receive, Federal
funds beyond the 60-month limitation set by 34 CFR 75.250.
There are no substantive differences between the proposed and final
waivers and extensions.
Public Comment
In the June 11, 2013, notice for the AIVRS program, the Secretary
invited comments on the effect these proposed waivers and extensions
may have on the AIVRS program and on potential applicants for grant
awards responding to any new AIVRS notice inviting applications (NIA),
should there be one. We received comments from three commenters, all of
whom supported the Department's proposal. In addition, one of the three
commenters raised four concerns.
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 waivers and extensions.
Analysis of Comments and Changes
Comment: One commenter raised a concern about how a recent GAO
report would affect the ability of current AIVRS grantees that do not
have Federal or State reservations to continue serving tribal members
with disabilities. The commenter also was concerned about the ``effect
on the capacity and available resources for those tribes who will be
determined `ineligible' to receive RSA 121 funds to prepare its tribal
members with disabilities for gainful employment.'' (The reference to
``121 funds'' refers to the section of the Act that authorizes the
governing bodies and consortia of governing bodies of Indian Tribes to
receive Federal assistance in order to provide vocational
rehabilitation services to American Indians with disabilities.)
Discussion: This comment addresses an issue that is outside the
scope of this notice. The Department published a notice of tribal
consultation and request for comment in the Federal Register (78 FR
40458) on July 5, 2013. That notice specifically invited comments on
the effect of a possible change in how the Department interprets the
definition of the term ``reservation'' that is used to determine
eligibility for a grant under the AIVRS program. The comment period for
this notice closed on September 3, 2013. This comment will be
considered as a response to the Department's request for comment under
the Notice of Tribal Consultation.
Changes: None.
[[Page 57067]]
Comment: The same commenter raised a concern about whether there
would be adequate funds available to grant awards to continuing AIVRS
programs and other eligible tribal entities should RSA hold a section
121 grant competition in FY 2014.
Discussion: The AIVRS program is funded through a set-aside of the
funds appropriated for the Vocational Rehabilitation (VR) State Grants
program. Pending Congress's approval of a new budget, the Department
anticipates that sufficient funds should be available to hold a grant
competition in FY 2014 that would fund a minimum of 48 grants with
project periods that would begin in FY 2015. This is the same estimated
total number of new grants the Department would have awarded if it had
conducted separate competitions in FY 2012, 2013, and 2014.
Changes: None.
Comment: The same commenter also expressed the need to provide
technical assistance and training to existing AIVRS programs and
interested eligible tribes in the development of AIVRS grant proposals
and grant management. This commenter was particularly concerned, given
the fact that RSA's current capacity-building projects that provides
technical assistance to AIVRS projects and applicants ends on September
30, 2013.
Discussion: On November 8, 2012 (77 FR 66959), RSA published a
request for information related to its Rehabilitation Long-Term
Training program, Technical Assistance and Continuing Education, the
National Clearinghouse, and Capacity Building efforts. RSA is
continuing to analyze the comments we received from that notice.
Funding priorities to address the need for technical assistance,
including the technical assistance needs of AIVRS projects, will be
published at a later time.
Changes: None.
Waivers and Extensions
The project periods for the current 32 AIVRS grantees, selected
through the grant competitions held in FY 2007 and 2008 are scheduled
to end September 30, 2013. However, section 121(b)(3) of the Act
provides that the Department has the authority to make an AIVRS grant
effective for more than 60 months, pursuant to prescribed regulations.
Therefore, for these 32 AIVRS grantees, the Secretary waives the
requirements of 34 CFR 75.250 and 34 CFR 75.261(c)(2), which limit
project periods to 60 months and restrict project period extensions
that involve the obligation of additional Federal funds. The Secretary
also extends the current project period for the 32 AIVRS grantees
funded in FY 2007 and 2008 through September 30, 2014. Finally, the
Department will not announce a new AIVRS competition in FY 2013 or make
new awards in FY 2013.
This action allows the 32 AIVRS grantees to request continuation
funding in FY 2013. Decisions regarding annual continuation awards will
be based on the program narratives, budgets, budget narratives, and
program performance reports submitted by these 32 AIVRS grantees and on
the requirements of 34 CFR 75.253. Any activities to be carried out
during the year of continuation awards must be consistent with, or be a
logical extension of, the scope, goals, and objectives of each
grantee's application as approved following the FY 2007 and 2008 AIVRS
competitions. The FY 2007 and 2008 AIVRS NIAs will continue to govern
the grantees' projects during the extension year. These current AIVRS
grantees may request continuation awards in FY 2013 for project periods
ending September 30, 2014.
Waiver of Delayed Effective Date
The Administrative Procedure Act (APA) 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)). The
Secretary has determined that a delayed effective date is unnecessary
and contrary to the public interest. It is unnecessary because we
received only three public comments on this action, all of which
supported our proposal and we have not made any substantive changes to
the proposal. It is contrary to public interest because we would not be
able to make timely continuation grants to the 32 affected entities
with the delay. Therefore, the Secretary waives the APA's delayed
effective date provision for good cause.
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 waivers and extensions of project periods 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
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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: September 12, 2013.
Sue Swenson,
Deputy Assistant Secretary for Special Education and Rehabilitative
Services, delegated the authority to perform the functions and duties
of the Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2013-22626 Filed 9-16-13; 8:45 am]
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