[Federal Register Volume 59, Number 128 (Wednesday, July 6, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-16287] [[Page Unknown]] [Federal Register: July 6, 1994] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION [CFDA No. 84.177A] Independent Living Services for Older Individuals Who Are Blind; Notice Inviting Applications for New Awards for Fiscal Year (FY) 1994 Purpose of Program This program supports projects that--(1) provide independent living services to older individuals who are blind; (2) conduct activities that will improve or expand services for these individuals; and (3) conduct activities to help improve public understanding of the problems of these individuals. The Independent Living Services for Older Individuals Who Are Blind program supports the National Education Goal that, by the year 2000, every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship. Eligible Applicants: Any designated State agency (DSA) that is authorized to provide rehabilitation services to individuals who are blind is eligible for an award under this program. Deadline for Transmittal of Applications: August 5, 1994 Deadline for Intergovernmental Review: September 6, 1994 Applications Available: July 6, 1994 Available Funds: $7,449,000. Estimated Range of Awards: $130,000-180,000. Estimated Average Size of Award: $158,000. Estimated Number of Awards: 47. Note: The Department is not bound by any estimates in this notice. Project Period: Up to 60 months. Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Parts 75, 77, 79, 80, 81, 82, 85, and 86; and (b) The regulations for this program in 34 CFR Part 367. It is the policy of the Department of Education not to solicit applications before the publication of final regulations. However, in this case, it is essential to solicit applications on the basis of the notice of proposed rulemaking, published in the Federal Register on May 12, 1994 (59 FR 24814), because the Department's authority to obligate these funds will expire on September 30, 1994. The comment period for the notice of proposed rulemaking ended on June 13, 1994. Six parties submitted comments on proposed 34 CFR Part 367. The following is a summary of the comments received and of the changes that are expected to be made, based on public comments, in the final regulations that are currently undergoing review. Three commenters supported the proposed regulations as worded. One commenter recommended adding the word ``may'' to proposed Sec. 367.3(b). (Although the commenter identified the provision as Sec. 367.1(b), the comment makes sense only if applied to proposed Sec. 367.3(b).) The commenter stated that the addition of the word ``may'' would give States flexibility in the event they have funds to cover other services. Proposed Sec. 367.3(a) states that a DSA ``may'' use funds awarded under proposed Part 367 for the activities described in proposed Secs. 367.1 and in 367.3(b). The Secretary believes that this language already provides a DSA with adequate flexibility in choosing which services will be provided to individuals in the State. Therefore, no change to proposed Sec. 367.3(b) is expected in the final regulations. One commenter suggested changing the definition of ``older individual who is blind'' in proposed Sec. 367.5 to make it less restrictive. Because this term is specifically defined in section 751 of the Act, no change to this definition in proposed Sec. 367.5 is expected in the final regulations. One commenter recommended adding a definition of ``capacity building'' to proposed Sec. 367.5. The Secretary does not believe a definition is necessary because a variety of possible opportunities already exists for local, regional, and State ``capacity building.'' One commenter suggested that the list of services in proposed Sec. 367.22(g) should be the same as that provided in proposed Sec. 367.3(b) and also suggested adding the word ``may'' to Sec. 367.22(g)(2). The commenter also stated that the wording in proposed Sec. 367.22(g) could be construed to mean that grant funds have to be used for all the listed services and that States should not have to duplicate services already provided by the State through other sources. The Secretary agrees that the list of services in these proposed provisions should be the same. The Secretary expects that this change will be made to proposed Secs. 367.3(b) and 367.22(g)(2) in the final regulations. The Secretary also agrees that Chapter 2 funds should be used in a way that will supplement services that may already be available through other sources. The Secretary expects that proposed Sec. 367.22(g)(2) of the final regulations will be changed to make clear that an application will be evaluated on the extent to which the DSA will use Chapter 2 funds to meet the unmet independent living (IL) needs of individuals in the State. One commenter recommended including older individuals who are blind in the selection of new methods and approaches for the provision of IL services pursuant to proposed Sec. 364.28. The Secretary believes that the views of older individuals who are blind will be adequately represented and addressed by the Statewide Independent Living Council (SILC). The SILC and DSU have joint responsibility for development of the State plan and for ensuring that consumers have the opportunity to comment on the development and revision of the State plan during public hearings. The selection and incorporation into the State plan of any new approaches for the provision of IL services to older individuals who are blind would require a revision to the State plan. Therefore, the Secretary does not expect any changes in the final regulations. Two commenters recommended deleting proposed Sec. 367.41(b), which restricts a DSA's flexibility to enter into procurement contracts with public and private nonprofit agencies. Although section 752(i)(2)(A) of the Rehabilitation Act of 1973 (Act), as amended, 29 U.S.C. 701-796i, is a general provision that allows the DSA to operate or administer this program either directly or through grants or contracts, section 752(g) of the Act requires that a State's awards to public and private nonprofit agencies and organizations under this program be made only through grants. Therefore, no change to proposed Sec. 367.41(b) is expected in the final regulations. Applicants should prepare their applications based on the proposed regulations, as modified by the expected changes contained in this notice. If additional changes are made in the final regulations that are currently undergoing review, applicants will be given the opportunity to revise or resubmit their applications. For Applications or Information Contact: Raymond Melhoff, U.S. Department of Education, 400 Maryland Avenue, S.W., Room 3416 Switzer Building, Washington, D.C. 20202-2741. Telephone: (202) 205-9320. Individuals who use a telecommunications device for the deaf (TTD) may call (202) 205-9362. Information about the Department's funding opportunities, including copies of application notices for discretionary grant competitions, can be viewed on the Department's electronic bulletin board (ED Board), telephone (202) 260-9950; or on the Internet Gopher Server at GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases). However, the official application notice for a discretionary grant competition is the notice published in the Federal Register. Program Authority: 29 U.S.C. 796f. Dated: June 30, 1994. Judith E. Heumann, Assistant Secretary, Office of Special Education and Rehabilitative Services. [FR Doc. 94-16287 Filed 7-5-94; 8:45 am] BILLING CODE 4000-01-P