[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47837-47839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20589]
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DEPARTMENT OF EDUCATION
34 CFR Parts 412, 415, 421, 425, 427, 428, and 429
RIN 1830-AA24, 1830-AA25, 1830-AA26, 1830-AA27, 1830-AA28, 1830-AA29,
and 1830-AA30
[Docket ID ED-2018-OCTAE-0071]
Outdated and Superseded Regulations--Career and Technical
Education National Programs
AGENCY: Office of Career, Technical, and Adult Education, Department of
Education.
ACTION: Final regulations.
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SUMMARY: The Secretary removes outdated, superseded regulations for
seven programs in the State Vocational and Applied Technology Education
Programs and National Discretionary Programs of Vocational Education
added by a final rule in the Federal Register on August 14, 1992
(Perkins 1992 Regulations) as authorized under the Carl D. Perkins
Vocational and Applied Technology Act of 1990 (Perkins II), Title IV
National Programs. These programs are no longer funded by the
Department.
DATES: Effective September 21, 2018.
FOR FURTHER INFORMATION CONTACT: Hugh Reid, U.S. Department of
Education, 400 Maryland Avenue SW, Room 11114 PCP, Washington, DC
20202-2500. Telephone: (202) 245-7491. Email: [email protected].
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 412, 415, 421, 425, 427, 428, and 429
published in the Perkins 1992 Regulations because they are outdated and
have been superseded. The seven outdated and superseded programs
published in the Perkins 1992 Regulations authorized under Perkins II
were:
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Perkins 1992
Programs regulations Perkins II authorizations 20 U.S.C.
34 CFR part(s)
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National Network for Curriculum 412 2402(c).
Coordination in Vocational and Technical
Education.
Demonstration Centers for the Training of 415 2413.
Dislocated Workers Program.
Business and Education Standards Program. 421 2416.
Demonstration Projects for the 425 2420.
Integration of Vocational and Academic
Learning Program.
Bilingual Vocational Training Program.... 427 2441(a).
Bilingual Vocational Instructor Training 428 2441(b) and (d)(1), (4), (5).
Program.
Bilingual Vocational Materials, Methods, * 429 2441(c) and (d)(1), (3).
and Techniques Program.
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[[Page 47838]]
The Perkins II Title IV National Programs focused on research and
development, demonstration programs, vocational education and
occupational information data systems, the national council of
vocational education, and bilingual vocational training. The programs
in the Perkins 1992 Regulations aligned with the Perkins II Title IV
National Programs, including the seven programs in this notice. The
Title IV National Programs of Perkins II (which authorized the programs
in the Perkins 1992 Regulations), were not included in the Carl D.
Perkins Vocational and Technical Education Act of 1998 (Perkins III).
Similarly, the Carl D. Perkins Career and Technical Education Act of
2006 (Perkins IV) did not include the National Programs from Title IV
of Perkins II. Instead of reauthorizing Title IV National Programs of
Perkins II in Perkins III and Perkins IV, section 114(c)(3) of Perkins
III and section 114(c)(1) of Perkins IV authorizes the Department to
provide support directly or through grants, contracts, or cooperative
agreements, for research, development, dissemination, evaluation,
assessment, capacity-building, and technical assistance activities
aimed at improving the quality and effectiveness of career and
technical education programs authorized under Perkins. Under section
114(c)(3) of Perkins III and currently under section 114(c)(1) of
Perkins IV, discretionary grants are awarded on a competitive basis
that includes a review of selection criteria published in the grant
award notice inviting applications in the Federal Register and
evaluated by impartial panels (see section 114(d)(2)(A) of Perkins IV).
These requirements in Perkins III and Perkins IV have superseded the
Perkins 1992 Regulations for the seven programs. Because the seven
programs were not included in Perkins III or Perkins IV, were
superseded by Perkins III and IV, and are no longer funded, the
regulations for the seven programs in 34 CFR parts 412, 415, 421, 425,
427, 428 and 429 are obsolete and outdated, and we are rescinding those
regulations.
Waiver of Proposed Rulemaking
Under the Administrative Procedures Act (5 U.S.C. 553) (APA), the
Department generally offers interested parties the opportunity to
comment on proposed regulations. However, the APA provides that an
agency is not required to conduct notice-and-comment rulemaking when
the agency, for good cause, finds that the requirement is
impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive rulemaking
in this case because this final regulatory action merely removes
regulations that are superseded by statute and, therefore, outdated and
unnecessary. 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 reflect statutory changes and remove
outdated or unnecessary regulatory provisions, the Secretary also has
good cause to waive 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 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
[[Page 47839]]
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 outdated and superseded regulations from the Code
of Federal Regulations.
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 outdated and 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 outdated and
superseded regulations for seven programs.
Regulatory Flexibility Act Certification
Pursuant to 5 U.S.C. 601(2), the Regulatory Flexibility Act applies
only to rules for which an agency publishes a general notice of
proposed rulemaking. The Regulatory Flexibility Act does not apply to
this rulemaking because there is good cause to waive notice and comment
under 5 U.S.C. 553.
Paperwork Reduction Act of 1995
This rule does not contain any information collection requirements.
The previously OMB-approved information collection (OMB Control Number
1830-0013) associated with 34 CFR parts 412, 415, 421, 425, 427, 428,
and 429 is no longer an active information collection, was last used
with the Application for Vocational Education Direct Grants, and
expired on March 31, 2001.
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. You may
access the official edition of the Federal Register and the Code of
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You may also access documents of the Department published in the
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by the Department.
List of Subjects
34 CFR Part 412
Grant programs--education, Reporting and recordkeeping
requirements, Vocational education.
34 CFR Part 415
Educational facilities, Grant programs--education, Nonprofit
organizations, Reporting and recordkeeping requirements, Vocational
education.
34 CFR Part 421
Business and industry, Grant programs--education, Labor unions,
Reporting and recordkeeping requirements, Vocational education.
34 CFR Part 425
Business and industry, Grant programs--education, Labor unions,
Reporting and recordkeeping requirements, Vocational education.
34 CFR Part 427
Bilingual education, Grant programs--education, Reporting and
recordkeeping requirements, Vocational education.
34 CFR Part 428
Grant programs--education, Reporting and recordkeeping
requirements, Teachers, Vocational education.
34 CFR Part 429
Bilingual education, Education research, Grant programs--education,
Reporting and recordkeeping requirements, Vocational education.
Dated: September 18, 2018.
Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.
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, and section 437 of the General Education Provisions Act
(20 U.S.C. 1221e-3) the Secretary of Education amends chapter III of
title 34 of the Code of Federal Regulations as follows:
PART 412--[REMOVED AND RESERVED]
0
1. Part 412 is removed and reserved.
PART 415--[REMOVED AND RESERVED]
0
2. Part 415 is removed and reserved.
PART 421--[REMOVED AND RESERVED]
0
3. Part 421 is removed and reserved.
PART 425--[REMOVED AND RESERVED]
0
4. Part 425 is removed and reserved.
PART 427--[REMOVED AND RESERVED]
0
5. Part 427 is removed and reserved.
PART 428--[REMOVED AND RESERVED]
0
6. Part 428 is removed and reserved.
PART 429--[REMOVED AND RESERVED]
0
7. Part 429 is removed and reserved.
[FR Doc. 2018-20589 Filed 9-20-18; 8:45 am]
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