[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]


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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