[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]


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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(NIDRR) and Independent Living Programs, Outdated, Superseded 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.

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SUMMARY: The Secretary removes outdated, superseded regulations for 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: Kate.Friday@ed.gov.
    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they have been superseded.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 
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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]
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