[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Rules and Regulations]
[Pages 35443-35445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16068]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III


Final Waiver and Extension of the Project Period; National 
Individuals With Disabilities Education Act (IDEA) Technical Assistance 
Center on Early Childhood Longitudinal Data Systems

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

ACTION: Final waiver and extension of the project period.

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[Catalog of Federal Domestic Assistance (CFDA) Number: 84.373Z.]

SUMMARY: The Secretary waives the requirements that generally prohibit 
project periods exceeding five years and

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project period extensions involving the obligation of additional 
Federal funds. This action enables the National IDEA Technical 
Assistance Center on Early Childhood Longitudinal Data Systems 
(Center), currently funded under the Technical Assistance on State Data 
Collection Program, to receive funding from December 1, 2017, through 
November 30, 2018. This also means that we will not announce a new 
competition or make new awards in fiscal year (FY) 2017.

DATES: As of July 31, 2017, the Secretary waives project period 
requirements and extends the project period.

FOR FURTHER INFORMATION CONTACT: Meredith Miceli, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5130, Potomac Center Plaza, 
Washington, DC 20202-5108. Telephone: (202) 245-6028.
    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 February 27, 2017, we published a 
document in the Federal Register (82 FR 11870) proposing an extension 
of the project period and waiver of 34 CFR 75.250 and 75.261(a) and 
(c)(2) for the Center (the waiver and extension) in order to:
    (1) Enable the Secretary to provide additional funds to the 
currently funded Center for an additional 12-month period; and
    (2) Invite 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

    Eight commenters responded to our invitation to comment in the 
proposed waiver and extension. Seven of the eight supported the 
proposed waiver and extension. One expressed concern regarding the 
proposed extension.

Analysis of Comments and Changes

    Comment: Seven of the eight commenters provided favorable and 
supportive comments regarding the proposed waiver and extension.
    Discussion: We thank these commenters for their support.
    Changes: None.
    Comment: One commenter requested information on the cost of the 
current grant.
    Discussion: Beginning in December 2012, SRI International, the 
current grantee, has received approximately $6.5 million annually to 
run the Center. The waiver and extension will allow for an additional 
year of funding at the same level.
    Changes: None.
    Comment: The same commenter expressed concern that this one-year 
extension would not secure future funding for the Center or these 
efforts and would prove harmful to children with disabilities.
    Discussion: We appreciate the commenter's concern for the long-term 
future of this important work. The extension would ensure continuity of 
valuable technical assistance (TA) services in critically needed areas, 
which will benefit States as they provide early intervention and 
special education services to children with disabilities. We agree that 
recompeting this investment in FY 2017 would likely provide additional 
clarity around funding priorities in future years. However, the 
Department is taking this action to ensure efficient and effective 
coordination of data TA by aligning the funding cycle for two large 
data TA centers. We believe such an approach is in the best interests 
of both States and the children with disabilities they serve.
    Changes: None.
    Comment: None.
    Discussion: We misstated the dates of the extended project period 
in the proposed extension and waiver (October 1, 2017 through September 
30, 2018). We have changed the dates to align with the period of the 
current grant (December 1, 2017 through November 30, 2018).
    Changes: We have changed the dates of the project period for this 
extension to December 1, 2017, through November 30, 2018.

Final Waiver and Extension

    In the proposed waiver and extension, we discuss the background and 
purposes of the Center and our reasons for proposing the waiver and 
extension.
    For these reasons, the Secretary waives the requirements in 34 CFR 
75.250, which prohibit project periods exceeding five years, as well as 
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 one-time FY 2017 continuation award of $6,500,000 
to the Center originally funded in FY 2012.
    Any activities carried out during the year of this continuation 
award must be consistent with, or a logical extension of, the scope, 
goals, and objectives of the grantee's application as approved in the 
2012 competition. The requirements for continuation awards are set 
forth in the document inviting applications published in the Federal 
Register on February 27, 2017 (82 FR 11870) for a new award for FY 2012 
and 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)). All but one of 
the comments we received supported the proposed waiver and extension, 
and we have not made any substantive changes to the proposed waiver and 
extension. Therefore, the Secretary waives the delayed effective date 
to ensure there is no lapse in the TA services currently provided by 
the Center.

Regulatory Flexibility Act Certification

    The Secretary certifies that this final waiver and extension of the 
project period will not have a significant economic impact on a 
substantial number of small entities.
    The only entities that will be affected are the current grantee 
receiving Federal funds and any other potential applicants.
    The Secretary certifies that this waiver and final extension will 
not have a significant economic impact on these entities because the 
extension of existing project periods imposes minimal compliance costs, 
and the activities required to support the additional year of funding 
will not impose additional regulatory burdens or require unnecessary 
Federal supervision.

Paperwork Reduction Act of 1995

    This 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

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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.

    Dated: July 25, 2017.
Kimberly M. Richey,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2017-16068 Filed 7-28-17; 8:45 am]
 BILLING CODE 4000-01-P