[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Pages 1556-1558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00475]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Parts 350, 356, 359, 364, 365, and 366
RIN 1820-AB75; 1820-AB76
National Institute on Disability and Rehabilitation Research
(NIDRR) and Independent Living Programs, Outdated, Superseded
Regulations
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary removes outdated, superseded regulations for
five programs no longer administered by the Department: The Disability
and Rehabilitation Research Projects and Centers Program, the Research
Fellowships program, the Special Projects and Demonstrations for Spinal
Cord Injuries program, the State Independent Living Services program,
and the Centers for Independent Living program. In 2014, the Workforce
Innovation and Opportunity Act transferred these programs to the
Department of Health and Human Services, which has adopted regulations
for them.
DATES: These regulations are effective January 12, 2018.
FOR FURTHER INFORMATION CONTACT: Kate Friday, U.S. Department of
Education, 400 Maryland Ave. SW, Room 5104 PCP, Washington, DC 20202-
2500. Telephone: (202) 245-7605 or email: [email protected].
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 February 24, 2017, President Trump signed
Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,''
which established a Federal policy ``to alleviate unnecessary
regulatory burdens'' on the American people. Section 3(a) of the
Executive Order directed each Federal agency to establish a regulatory
reform task force, the duty of which is to evaluate existing
regulations and ``make recommendations to the agency head regarding
their repeal, replacement, or modification.'' Accordingly, the
Secretary removes 34 CFR parts 350, 356, 359, 364, 365, and 366 because
they have been superseded.
In 2014, the Workforce Innovation and Opportunity Act (WIOA) (Pub.
L. 113-128) made significant changes to many programs administered by
the Office of Special Education and Rehabilitative Services (OSERS).
WIOA transferred the National Institute for Disability and
Rehabilitation Research (NIDRR), its functions, and its programs from
OSERS to the Administration for Community Living (ACL) within the
Department of Health and Human Services (HHS). In the process, WIOA
renamed NIDRR the National Institute for Disability, Independent
Living, and Rehabilitation Research (NIDILRR). (See, WIOA sections 433,
435, 491(n).) The programs transferred were the Disability and
Rehabilitation Research Projects and Centers program, the Research
Fellowships program, and the Special Projects and Demonstrations for
Spinal Cord Injuries program.
WIOA also created within ACL the Independent Living Administration
and transferred to it two programs from the Rehabilitation Services
Administration (RSA) within OSERS, namely the State Independent Living
Services program and the Centers for Independent Living
[[Page 1557]]
program (WIOA sections 471-484, 491(b)).
To ensure that there would be no interruption in funding for, or
services provided by, these five programs during their transfer, WIOA
kept the regulations for those programs in effect until they were
properly ``modified, terminated, superseded, set aside, or revoked''
(WIOA sections 491(i)(1), 491(n)(3)(A)). The regulations for the five
transferred programs are:
------------------------------------------------------------------------
Regulations 34
Program CFR part(s)
------------------------------------------------------------------------
Disability and Rehabilitation Research Projects and 350
Centers Program........................................
Research Fellowships.................................... 356
Special Projects and Demonstrations for Spinal Cord 359
Injuries...............................................
State Independent Living Services....................... 364, 365
Centers for Independent Living.......................... 364, 366
------------------------------------------------------------------------
The Department and HHS completed all transfers from OSERS to ACL on
March 30, 2015.
On May 11, 2016, HHS published final regulations for NIDILRR's
three programs, superseding 34 CFR parts 350, 356, and 359, and
combines them into a single part, now codified at 45 CFR part 1330.
Those three programs are now titled the Disability, Independent Living,
and Rehabilitation Research Projects and Centers Program; the
Disability, Independent Living, and Rehabilitation Research Fellowships
program; and the Special Projects and Demonstrations for Spinal Cord
Injuries program (81 FR 29156).
On October 27, 2016, HHS published final regulations for the two
programs transferred from RSA, superseding 34 CFR parts 364, 365, and
366. HHS did not change the names of the State Independent Living
Services program or the Centers for Independent Living program, but
combined all Independent Living program regulations and codified them
at 45 CFR part 1329. (81 FR 74682).
Waiver of Proposed Rulemaking
Under the Administrative Procedures Act (5 U.S.C. 553), the
Department generally offers interested parties the opportunity to
comment on proposed regulations. However, this regulatory action merely
removes regulations that are unnecessary because administration of the
regulations and the affected programs has been transferred to another
agency. This regulatory action adopts no new regulations and does not
establish or affect substantive policy. Therefore, under 5 U.S.C.
553(b)(B), the Secretary has determined that proposed regulations are
unnecessary, and, thus, waives notice and comment rulemaking.
The APA also requires that regulations be published at least 30
days before their effective date, unless the agency has good cause to
implement its regulations sooner (5 U.S.C. 553(d)(3)). Again, because
the final regulations merely remove regulations that are unnecessary
because administration of the regulations and the affected programs has
been transferred to another agency, the Secretary is also waiving the
30-day delay in the effective date of these regulatory changes under 5
U.S.C. 553(d)(3).
Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
Under Executive Order 13771, for each new regulation that the
Department proposes for notice and comment or otherwise promulgates
that is a significant regulatory action under Executive Order 12866 and
that imposes total costs greater than zero, it must identify two
deregulatory actions. For FY 2018, any new incremental costs associated
with a new regulation must be fully offset by the elimination of
existing costs through deregulatory actions. Because this final rule is
not a significant regulatory action, the requirement to offset new
regulations in Executive Order 13771 does not apply.
We have also reviewed these regulations under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor their regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things, and to the extent practicable--the costs
of cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than specifying the behavior or manner of compliance that regulated
entities must adopt; and
(5) Identify and assess available alternatives to direct
regulation, including providing economic incentives--such as user fees
or marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying
[[Page 1558]]
changing future compliance costs that might result from technological
innovation or anticipated behavioral changes.''
We are issuing this regulatory action only upon a reasoned
determination that its benefits justify its costs. In choosing among
alternative regulatory approaches, we selected the approach that
maximizes net benefits. Based on the analysis that follows, the
Department believes that these regulations are consistent with the
principles in Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
Need for the Regulatory Action
This regulatory action is necessary to comply with Executive Order
13777 and to remove superseded regulations from the Code of Federal
Regulations (CFR).
Analysis of Costs and Benefits
This regulatory action is a benefit to the public, grant
recipients, and the Department as the action will remove any confusion
that might be caused by maintaining superseded regulations in the CFR.
The Department has also analyzed the costs of this regulatory
action and has determined that it will impose no additional costs ($0).
As detailed earlier, this regulatory action removes superseded
regulations for five programs that WIOA transferred from OSERS to HHS
and adopts no new ones. In 2016, HHS adopted regulations for the
Disability, Independent Living, and Rehabilitation Research Projects
and Centers Program; the Disability, Independent Living, and
Rehabilitation Research Fellowships program; the Special Projects and
Demonstrations for Spinal Cord Injuries program; the State Independent
Living Services program; and the Centers for Independent Living
program. See, 81 FR 29156 (May 11, 2016); 81 FR 74682 (October 27,
2016).
Regulatory Flexibility Act Certification
The Secretary certifies that this regulatory action does not have a
significant economic impact on a substantial number of small entities.
As detailed above, this regulatory action merely removes superseded
regulations from the CFR and imposes no costs.
Paperwork Reduction Act of 1995
This regulatory action does not contain any information collection
requirements. The previously OMB-approved information collections that
were contained in parts 350, 356, 364, and 366 are no longer active
information collections with the Department of Education. These
information collections were transferred to HHS under WIOA in May 2015
and March 2016, removing 1820-0027 and 1820-0527 from ED inventory and
transferring part 366 from 1820-0018. The information collections under
OMB 1820-0027 (parts 350 and 356), OMB 1820-0527 (part 364), and OMB
1820-0018 (part 366 only) are not contained in this regulatory action.
Intergovernmental Review
Some of these programs are subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
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 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.
List of Subjects
34 CFR Part 350
Grant programs--education; Reporting and recordkeeping
requirements; Research; Vocational rehabilitation.
34 CFR Part 356
Grant programs--education; Human research subjects; Reporting and
recordkeeping requirements; Research; Scholarships and fellowships;
Vocational rehabilitation.
34 CFR Part 359
Grant programs--education; Research; Vocational rehabilitation.
34 CFR Part 364
Grant programs--education; Grant programs--social programs;
Reporting and recordkeeping requirements; Vocational rehabilitation.
34 CFR Part 365
Grant programs--education; Grant programs--social programs;
Reporting and recordkeeping requirements; Vocational rehabilitation.
34 CFR Part 366
Grant programs--social programs; Reporting and recordkeeping
requirements; Vocational rehabilitation.
Dated: January 8, 2018.
Kimberly M. Richey,
Deputy Assistant Secretary, delegated the authority to perform the
functions and duties of the Assistant Secretary for Special Education
and Rehabilitative Services.
For the reasons discussed in the preamble, and under the authority
of section 414 of the Department of Education Organization Act, 20
U.S.C. 3474, the Secretary of Education amends chapter III of title 34
of the Code of Federal Regulations as follows:
PART 350 [Removed and Reserved]
0
1. Part 350 is removed and reserved.
PART 356 [Removed and Reserved]
0
2. Part 356 is removed and reserved.
PART 359 [Removed and Reserved]
0
3. Part 359 is removed and reserved.
PART 364 [Removed and Reserved]
0
4. Part 364 is removed and reserved.
PART 365 [Removed and Reserved]
0
5. Part 365 is removed and reserved.
PART 366 [Removed and Reserved]
0
6. Part 366 is removed and reserved.
[FR Doc. 2018-00475 Filed 1-11-18; 8:45 am]
BILLING CODE 4000-01-P