[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Notices]
[Pages 36063-36064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14413]


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DEPARTMENT OF EDUCATION


Notice of Waivers for the Rehabilitation Training--Rehabilitation 
Continuing Education Program (RCEP)

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

ACTION: Notice of waivers for the Rehabilitation Training--
Rehabilitation Continuing Education Program (RCEP).

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SUMMARY: The Secretary waives the requirements in 34 CFR 75.250 and 
75.261(a) and (c)(2) of the Education Department General Administrative 
Regulations (EDGAR), respectively, that generally prohibit project 
periods exceeding five years and project period extensions involving 
the obligation of additional Federal funds. These waivers will enable 
seven current RCEP grantees to provide continuing education to 
employees of vocational rehabilitation (VR) agencies and their partners 
and to continue to receive some additional Federal funding from July 1 
through September 30, 2008.

DATES: Effective Date: These waivers are effective June 25, 2008.

FOR FURTHER INFORMATION CONTACT: Christine Marschall, U.S. Department 
of Education, 400 Maryland Ave, SW., room 5053, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202) 245-7429 or via Internet: 
[email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: On May 12, 2008, we published a notice in 
the

[[Page 36064]]

Federal Register (73 FR 26974), proposing waivers of 34 CFR 75.250 and 
75.261(a) and (c)(2) of EDGAR in order to give early notice of the 
possibility that the Department will continue to fund seven current 
RCEP grantees from July 1 through September 30, 2008.
    The RCEPs provide continuing education to employees of State VR 
agencies and their partners, as well as other rehabilitation services 
agencies. The Rehabilitation Services Administration (RSA) in the 
Department's Office of Special Education and Rehabilitative Services is 
in the process of redesigning the RCEPs to create and support 10 
regional Technical Assistance and Continuing Education (TACE) centers. 
(For more information on the TACE centers, see the notice of final 
priority that the Department published in the Federal Register on June 
5, 2008 (73 FR 32010). The Department intends to make awards for the 
TACE centers so that grant activities can begin by October 1, 2008.
    The waivers announced in this notice ensure that services provided 
by the current RCEP grantees are provided to the extent possible 
through September 30, 2008, the anticipated date that the TACE centers 
will commence their project activities. The project periods for the 
following current RCEP grantees end on June 30, 2008: (1) State 
University of New York at Buffalo, (2) George Washington University, 
(3) the University of Arkansas, (4) the University of Missouri-
Columbia, (5) the University of Northern Colorado, (6) San Diego State 
University, and (7) Western Washington University. Because it would be 
contrary to the public interest to have a lapse in continuing education 
activities before grants for RSA's new TACE projects are awarded and 
implemented, the Secretary will provide some additional funding to 
these seven RCEP grantees that are in the fifth year of their project 
periods to allow them to continue operating through September 30, 2008.

    Note: RSA does not plan to continue funding any other RCEPs with 
the exception of three RCEP grantees currently in the fourth year of 
their grant (Assumption College, the University of Tennessee, and 
Georgia State University) with budget periods ending on June 30, 
2008. For these three RCEP grantees, the Secretary plans to extend 
their current budget period and provide some additional funding to 
support continuing education activities through September 30, 2008.

Analysis of Comments and Changes

    In response to our invitation to comment on the proposed waivers, 
we received 13 comments, all expressing support for the waivers. As a 
result, there are no changes in the final waivers.

Waiver of Delayed Effective Date

    The Administrative Procedure Act requires that a substantive rule 
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 provided the 
public with an opportunity to comment on the Secretary's intent to 
waive the requirements in 34 CFR 75.250 and 75.261(a) and (c)(2) of 
EDGAR for current RCEP grantees that have grants ending on June 30, 
2008, to enable them to provide continuing education to employees of VR 
agencies and their partners and to continue to receive some additional 
Federal funding from July 1 through September 30, 2008. All of the 
comments that we received supported the proposed waivers. Given that 
the current RCEP grantees' project periods will expire on June 30, 
2008, in order to ensure that there is no lapse in the services 
provided by these grantees, the Secretary has determined that a delayed 
effective date is impracticable and would be contrary to the public 
interest.

Final Waivers--Rehabilitation Continuing Education Program

    The Secretary waives the requirements in 34 CFR 75.250 and 
75.261(a) and (c)(2), which prohibit project periods exceeding five 
years and extensions of project periods that involve the obligation of 
additional Federal funds, for current RCEP grantees in the fifth year 
of their grants.
    With these waivers, the seven RCEP grantees that have grants ending 
on June 30, 2008, are eligible for additional funding, as available, to 
allow them to continue their activities through September 30, 2008.

Regulatory Flexibility Act Certification

    The Secretary certifies that the announced waivers will not have a 
significant economic impact on a substantial number of small entities.

Paperwork Reduction Act of 1995

    This notice of waivers does not contain any information collection 
requirements.
    Intergovernmental Review: This program is 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.
    This document provides early notification of our specific plans and 
actions for this program.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/news/fedregister/index.html.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: 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 on GPO Access at: http://www.gpoaccess.gov/nara/index.html.


(Catalog of Federal Domestic Assistance Number 84.264A, 
Rehabilitation Continuing Education Program)

    Program Authority: 29 U.S.C. 772.

    Dated: June 20, 2008.
Tracy R. Justesen,
Assistant Secretary for Special Education and Rehabilitative Services.
 [FR Doc. E8-14413 Filed 6-24-08; 8:45 am]
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