[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57264-57266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22714]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.326Z.]


Final Waiver and Extension of the Project Period for the 
Technical Assistance Coordination Center

AGENCY: Office of Special Education Programs (OSEP), Office of Special 
Education and Rehabilitative Services, Department of Education.

[[Page 57265]]


ACTION: Final waiver and extension of the project period.

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SUMMARY: The Secretary waives the requirements in the Education 
Department General Administrative Regulations that generally prohibit 
project periods exceeding five years and extensions of project periods 
involving the obligation of additional Federal funds. This waiver and 
extension of the project period enables the currently funded Technical 
Assistance Coordination Center (Center) to receive funding from October 
1, 2013, through September 30, 2014.

DATES: The waiver and extension of the project period are effective 
September 18, 2013.

FOR FURTHER INFORMATION CONTACT: David Guardino, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4106, Potomac Center Plaza, 
Washington, DC 20202-2600. Telephone: (202) 245-6209.
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: On August 2, 2013, we published a notice in 
the Federal Register (78 FR 46860) proposing an extension of project 
period and a waiver of 34 CFR 75.250 and 75.261(a) and (c)(2) in order 
to--
    (1) Enable the Secretary to provide additional funds to the 
currently funded Center for an additional 12-month period, from October 
1, 2013, through September 30, 2014; and
    (2) Request comments on the proposed extension of project period 
and waiver.
    There are no substantive differences between the proposed waiver 
and extension and this final waiver and extension.

Public Comment

    In response to our invitation in the notice of proposed waiver and 
extension of the project period, we did not receive any substantive 
comments. Generally, we do not address comments that raise concerns not 
directly related to the proposed waiver and extension of project 
period.

Background

    On June 5, 2008, the Department published a notice in the Federal 
Register (73 FR 32016) inviting applications for new awards for fiscal 
year (FY) 2008 for a Technical Assistance Coordination Center (Center). 
The Center was funded under the Technical Assistance and Dissemination 
to Improve Services and Results for Children with Disabilities (TA&D) 
program, authorized under section 663 of the Individuals with 
Disabilities Education Act (IDEA). Its purpose is to support ongoing 
communication, collaboration, and coordination among the centers in the 
OSEP-funded TA&D Network, and between these centers and other relevant 
federally funded TA&D centers, national professional organizations, and 
a broad spectrum of stakeholders. Approximately 30 OSEP-funded centers 
comprise the TA&D Network and provide technical assistance (TA) 
covering a variety of areas to State educational agencies (SEAs), local 
educational agencies (LEAs), Part C State lead agencies, early 
intervention service (EIS) programs and providers, families of children 
with disabilities, and others to improve services and outcomes for 
children served under Part B and Part C of IDEA.
    Based on the selection criteria published in the 2008 notice 
inviting applications, the Department made one award for a period of 60 
months to the Academy for Educational Development, Inc. (now FHI 360) 
to establish the Center, which is currently known as the Technical 
Assistance Coordination Center.
    The Center has two broad goals:
    (1) Create a resource center where the various TA&D centers funded 
by OSEP and other Federal agencies that provide assistance and support 
to States, LEAs, EIS programs and providers, and stakeholders in the 
field can store and share information and resources developed by TA 
providers.
    (2) Support OSEP in developing a comprehensive network integrating 
a variety of relevant federally funded centers, professional 
organizations, and other stakeholders to collaborate, solve problems 
together, and exchange knowledge and expertise.
    The Center accomplishes this work by: (a) Creating ongoing 
opportunities to promote coordination, communication, and collaboration 
among OSEP-funded TA centers and other federally funded TA centers 
through various workgroups, meetings, listservs, and TA communities of 
practice; (b) maintaining a Web site that houses tools that TA&D 
Network projects have developed or can use in their TA delivery (e.g., 
product database, discretionary database, and TA&D Network Web site 
search); and (c) sharing knowledge of best practices in collaboration 
with the TA&D Network and other federally funded TA centers.
    The Center's current project period is scheduled to end on 
September 30, 2013. We do not believe that it would be in the public 
interest to run a competition for a new Center this year because the 
Department is planning to change the organization of its TA activities 
to better coordinate Federal TA activities to meet the needs of 
children with disabilities. We also have concluded that it would be 
contrary to the public interest to have a lapse in the provision of TA 
services currently provided by the Center pending the changes to the 
organization of the Department's TA activities. For these reasons, the 
Secretary waives the requirements in 34 CFR 75.250, which prohibit 
project periods exceeding five years, and waives the requirements in 34 
CFR 75.261(a) and (c)(2), which allow the extension of a project period 
only if the extension does not involve the obligation of additional 
Federal funds. The waiver allows the Department to issue a continuation 
award in the amount of $1,299,827 to FHI 360 for an additional 12-month 
period, which should ensure that the Center's support of, and 
collaboration and coordination with, the Federal TA&D centers will not 
be interrupted.
    Any activities to be carried out during the year of the 
continuation award would have to be consistent with, or be a logical 
extension of, the scope, goals, and objectives of the grantee's 
application as approved in the 2008 Technical Assistance Coordination 
Center competition.
    The requirements applicable to continuation awards for this 
competition, set forth in the June 5, 2008, notice inviting 
applications, and the requirements in 34 CFR 75.253 apply to any 
continuation awards sought by the current Technical Assistance 
Coordination Center grantee. We base our decisions regarding a 
continuation award on the program narrative, budget, budget narrative, 
and program performance report submitted by the current grantee, and 
the requirements in 34 CFR 75.253.

Waiver of Delayed Effective Date

    The Administrative Procedure Act 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)). We received no 
substantive comments on the proposed waiver and extension of project 
period, and we have not made any substantive changes to the proposed 
waiver and extension of project period. The Secretary has made a 
determination to waive the delayed effective date to ensure provision 
of TA services currently provided by the Center pending the changes to 
the organization of the Department's TA activities.

[[Page 57266]]

Regulatory Flexibility Act Certification

    The Secretary certifies that this waiver and extension of the 
project period would not have a significant economic impact on a 
substantial number of small entities.
    The only entity that would be affected by this waiver and extension 
of the project period is the current grantee.
    The Secretary certifies that this waiver and final extension would 
not have a significant economic impact on this entity because the 
extension of an existing project imposes minimal compliance costs, and 
the activities required to support the additional year of funding would 
not impose additional regulatory burdens or require unnecessary Federal 
supervision.

Paperwork Reduction Act of 1995

    This notice of final waiver and extension of the project period 
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.
    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 Adobe 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.

    Dated: September 13, 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. 2013-22714 Filed 9-17-13; 8:45 am]
BILLING CODE 4000-01-P