[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7294-7299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03661]
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DEPARTMENT OF EDUCATION
34 CFR Parts 400, 401, 402, 403, 406, 410, 411, and 413
[Docket ID ED-2018-OCTAE-0129]
RIN 1830-AA23
Program Regulations Superseded by Reauthorizations of the Perkins
Act
AGENCY: Office of Career, Technical, and Adult Education, Department of
Education.
ACTION: Final regulations.
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SUMMARY: The Secretary removes outdated and superseded regulations for
eight programs in the State Vocational and Applied Technology Education
Programs and National Discretionary Programs of Vocational Education as
authorized under the Carl D. Perkins Vocational and Applied Technology
Act of 1990 (Perkins II). The eight programs are: The Career, Technical
and Applied Technology Education Programs--General Provisions, the
Indian Vocational Education Program, the Native Hawaiian Vocational
Education Program, the State Vocational and Applied Technology
Education Program, the State-Administered Tech-Prep Education Program,
the Tribally Controlled Postsecondary Vocational Institutions Program,
the Vocational Education Research Program, and the National Center or
Centers for Research in Vocational Education (the eight programs).
These program regulations are outdated with the exception of certain
regulations under the Indian Vocational Education Program.
DATES: These regulations are effective March 4, 2019.
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 part 400, Sec. Sec. 401.1-401.22 and 401.30
and 401.31, and parts 402, 403, 406, 410, 411 and 413, published in the
Federal Register on August 14, 1992 (57 FR 36720) (Perkins 1992
Regulations), because they are outdated due to the reauthorization of
the Perkins Act by subsequent reauthorizations and changes to the
Perkins Act. The program regulations we are removing are:
----------------------------------------------------------------------------------------------------------------
Perkins 1992
regulations to be Perkins II
The eight programs removed--34 CFR authorities 20 Program type
part(s) U.S.C.
----------------------------------------------------------------------------------------------------------------
Career, Technical, and Applied 400 (57 FR 36724, 20 U.S.C. 2301 et State-Administered.
Technology Education Programs-- Aug. 14, 1992). seq., unless
General Provisions. otherwise noted.
Indian Vocational Education 401.1-401.22 and 20 U.S.C. 2313(b), National Discretionary.
Program. 401.30 and 401.31 unless otherwise
(57 FR 36730, Aug. noted.
14, 1992).
Native Hawaiian Vocational 402 (57 FR 36733, 20 U.S.C. 2313(c), National Discretionary.
Education Program. Aug. 14, 1992). unless otherwise
noted.
State Vocational and Applied 403 (57 FR 36735, 20 U.S.C. 2301 et National Discretionary.
Technology Education Program. Aug. 14, 1992). seq., unless
otherwise noted.
[[Page 7295]]
State-Administered Tech-Prep 406 (57 FR 36763, 20 U.S.C. 2394- State-Administered.
Education Program. Aug. 14, 1992). 2394e, unless
otherwise noted.
Tribally Controlled 410 (57 FR 36773, 20 U.S.C. 2397- National Discretionary.
Postsecondary Vocational Aug. 14, 1992). 2397h, unless
Institutions Program. otherwise noted.
Vocational Education Research 411 (57 FR 36776, 20 U.S.C. 2401 and National Discretionary.
Program. Aug. 14, 1992). 2402, unless
otherwise noted.
National Center or Centers for 413 (57 FR 36780, 20 U.S.C. 2404, National Discretionary.
Research in Vocational Aug. 14, 1992). unless otherwise
Education. noted.
----------------------------------------------------------------------------------------------------------------
The State-Administered Tech-Prep Education Program was not re-
authorized in the Strengthening Career and Technical Education for the
21st Century Act (Perkins V) that was signed on July 31, 2018, and
takes effect July 1, 2019. As such, we are removing the related
regulations in 34 CFR part 406. Generally, the regulations for the
other seven programs listed in the above chart are outdated due to the
passage of the Carl D. Perkins Vocational and Technical Education Act
of 1998 (Perkins III). These seven programs were updated in Perkins III
and subsequently in the Carl D. Perkins Career and Technical Education
Act of 2006 (Perkins IV) and Perkins V. However, the regulations
related to these seven programs, have not been updated to reflect
statutory changes in Perkins III-V, so we are removing those
regulations. Although the statutory authority still exists for these
seven program (not including The State-Administered Tech-Prep Education
Program, which was not re-authorized), the regulations are outdated and
do not reflect the most current statutory language. Therefore, we are
removing those regulations, with the exception of 34 CFR 401.1
(formerly 401.23), which still applies to the Native American Career
and Technical Education Program (NACTEP).
The requirements in 34 CFR 401.1 (formerly 401.23), regarding the
Secretary's decision not to make an award under the Indian Vocational
Education Program (now NACTEP) subject to a hearing, are not outdated.
NACTEP is one of the successor programs to the Indian Vocational
Education Program, and was established in Perkins IV.
34 CFR Part 400--Vocational and Applied Technology Education Programs--
General Provisions
The purpose of the Vocational and Applied Technology Education
Programs was to make the United States more competitive in the world
economy by developing more fully the academic and occupational skills
of all segments of the population, and the purpose would be achieved
principally through concentrating resources on improving educational
programs leading to academic and occupational skill competencies needed
to work in a technologically advanced society.
This Perkins II regulation provided such general program provisions
as the following:
(1) Purposes, which aligned with the purposes in Sec. 2 of Perkins
II and were superseded by the purposes of Sec. 2 of Perkins III and
subsequently by Sec. 2 of Perkins IV and Perkins V, respectively.
(2) Definitions, which aligned with the definitions in Secs.
232(d), 347, 371, 390, and 521 of Perkins II, and were superseded by
the definitions in Sec. 3 of Perkins III; and subsequently by the
definitions in Sec. 3 of Perkins IV, and Perkins V, respectively.
(3) Conditions for which funds under the Perkins Act were to be
used for the joint funding of programs, which aligned with joint
funding requirements in Sec. 511 of Perkins II, and were superseded by
the joint funding requirements in Sec. 321 of Perkins III. Those
requirements were subsequently superseded by Sec. 321 of Perkins IV,
and Sec. 221 of Perkins V.
(4) Requirements for establishing the State Committee of
Practitioners (Committee), aligned with Sec. 115 of Perkins II, which
further clarified the State board convene the Committee on a regular
basis to review, comment on, and propose revisions on a draft State
proposal that the State board developed for a system of core standards
and measures of performance for vocational programs. Perkins III did
not include a requirement for establishing the Committee, and
superseded that requirement in Sec. 113(b) indicating that each
eligible agency, with input from eligible recipients, shall establish
performance measures for a State. That requirement for establishing
performance measures for a State with input from eligible recipients
was subsequently superseded in Sec. 113(b) of Perkins IV, which was
reauthorized in Perkins V.
(5) Governing student assistance, aligned with Sec. 507 of Perkins
II regarding student assistance costs and was superseded by the
requirement for student assistance costs in Sec. 325 of Perkins III.
The requirement regarding student assistance costs was subsequently
superseded by Sec. 324 of Perkins IV and Sec. 224 of Perkins V.
34 CFR Part 401--Indian Vocational Education Program
The purpose of the Indian Vocational Education Program was to
provide financial assistance to projects that provide vocational
education for the benefit of Indians. The regulations provided such
general provisions as the definitions relative to the program,
eligibility for a program award, and what activities could be funded.
In addition, the regulations specified how one applied for an award,
how the Secretary made the award, and what conditions must be met after
the award. The regulations aligned with Sec. 103 of Perkins II, which
provided directions to the Secretary to enter into grants with eligible
applicants. Sec. 103 of Perkins II was updated by Perkins III, Sec.
116--Native American programs, under which grants were awarded under
the Native American Vocational and Technical Education program. The
requirements were subsequently updated by Perkins IV, Sec. 116--Native
American programs, under which grants were awarded for NACTEP.
Recently, Perkins V Sec. 116--Native American programs, also made minor
revisions and updates to the NACTEP program. Although there have been
minor revisions and updates under each reauthorization of the Perkins
Act regarding some of the program requirements, the program purpose and
administration supporting grants to improve CTE programs that benefit
Native Americans has remained the same.
Title 34 CFR 401.1 (formerly 401.23) remains in effect, as it
contains the requirements for when an applicant requests a hearing in
response to the Secretary's decision not to make an award under the
Indian Vocational
[[Page 7296]]
Education Program, as reauthorized (as NACTEP) under Sec. 116(b)(2) of
Perkins V. The Secretary continues to implement the appeal process at
the request of any applicant denied funding under the NACTEP
competition in accordance with the procedures set forth in 34 CFR 401.1
(formerly 401.23) (see 83 FR 5076, 5079 at: https://www.govinfo.gov/content/pkg/FR-2018-02-05/pdf/2018-02246.pdf). In accordance with those
procedures, any applicant denied funding has 30 calendar days to make a
written request to the Secretary for a hearing to review the
Secretary's decision (25 U.S.C. 5321(b)). We have also made the
following technical revisions to Sec. 401.1 (formerly Sec. 401.23):
(1) Replaced ``Indian Vocational Education Program'' with ``Native
American Career and Technical Education Program'' in the title; (2)
deleted reference to 34 CFR 401.2(a)(1), as this has been removed; and
(3) replaced reference to ``Office of Vocational and Adult Education''
with ``Office of Career, Technical, and Adult Education''.
34 CFR Part 402--Native Hawaiian Vocational Education Program
The purpose of the Native Hawaiian Vocational Education Program was
to provide financial assistance to projects responsible for vocational
training and related activities for the benefit of native Hawaiians.
This regulation provided such general provisions as the definitions
relative to the program, eligibility for a program award, and what
activities could be funded. In addition, the regulation specified how
the Secretary made the award and what conditions must be met by a
grantee after the award. This regulation aligned with Sec. 103 of
Perkins II, which provided directions to the Secretary to enter into
grants with eligible applicants. Sec. 103 of Perkins II was updated by
Perkins III, Sec. 116--Native American programs, under which grants
were awarded for the Native Hawaiian Vocational and Technical Education
program. The requirement in Perkins III was subsequently updated by
Sec. 116--Native American programs of Perkins IV, under which grants
were awarded for the Native Hawaiian Career and Technical Education
program, and was also superseded by Perkins V Sec. 116--Native American
programs. Specifically, in Sec. 116(h) of Perkins III, and subsequently
in Sec. 116(h) of Perkins IV and Perkins V, it was clarified that
grants to plan, conduct, and administer programs, or portions thereof
that are consistent with the purposes of section 116 of each Act, were
for the benefit of Native Hawaiians.
34 CFR Part 403--State Vocational and Applied Technology Education
Program
The purpose of the State Vocational and Applied Technology
Education Program was for the Secretary to assist States, local
educational agencies, postsecondary educational institutions, and other
agencies and institutions to administer and conduct vocational
education programs that were authorized by Perkins II. The requirements
in the Perkins II regulations for the State Vocational and Applied
Technology Education Program aligned with Title I--Vocational Education
Assistance to the States in Perkins II, Part A--Allotment and
Allocation and Part B--State Organizational and Planning
Responsibilities. The Perkins II requirements were superseded by
requirements under Perkins III, Title I--Vocational and Technical
Education Assistance to the States--Part A--Allotment and Allocation,
Part B--State Provisions and Part C--Local Provisions. The Perkins III
requirements were subsequently superseded by requirements in Title I--
Career and Technical Education Assistance to the States Part A--
Allotment and Allocation, Part B--State Provisions and Part C--Local
Provisions under both Perkins IV and Perkins V.
34 CFR Part 406--State-Administered Tech-Prep Education Program
The purposes of the Tech-Prep Education Program were to: (1) Plan
for and develop four-year or six-year programs designed to provide a
tech-prep education program leading to a two-year associate degree or
certificate; and (2) plan and develop comprehensive links between
secondary schools and postsecondary educational institutions. The
requirements in the Perkins II regulations for the State-Administered
Tech-Prep Education Program aligned with Title III, Part E--Tech-Prep
Education. The Perkins II requirements were superseded by Title II--
Tech-Prep Education under Perkins III and Perkins IV, respectively.
Beginning in fiscal year 2010, Federal appropriations for Title II--
Tech-Prep Education under Perkins IV ceased, and Perkins V did not
authorize the program.
34 CFR Part 410--Tribally Controlled Postsecondary Vocational
Institutions Program
The purpose of the Tribally Controlled Postsecondary Vocational
Institutions Program was to provide grants for the operation and
improvement of tribally controlled postsecondary vocational
institutions in order to continue and expand educational opportunities
for Indian students, and improve and expand the physical resources of
those institutions. This regulation provided such general provisions as
the definitions relative to the program, eligibility for a program
award, and what activities could be funded. In addition, the regulation
specified how the Secretary made the award and what conditions must be
met after the award. This regulation aligned with Perkins II, Title
III--Special Programs--Part H--Tribally Controlled Postsecondary
Vocational Institutions. The requirements in Perkins II were updated by
Perkins III, Sec. 117--Tribally Controlled Postsecondary Vocational
Institutions, and subsequently updated by Sec. 117--Tribally Controlled
Postsecondary Career and Technical Institutions of Perkins IV and
Perkins V.
34 CFR Part 411--Vocational Education Research Program
The purpose of the Vocational Education Research Program was to:
(1) Improve access to vocational educational programs for individuals
with disabilities, individuals who were disadvantaged, men and women
who were entering nontraditional occupations, adults who were in need
of retraining, single parents, displaced homemakers, single pregnant
women, individuals with limited English proficiency, and individuals
who were incarcerated in correctional institutions; (2) support
research and development activities that make the United States
competitive in the world economy; (3) improve the competitive process
by which research projects were awarded; (4) support the dissemination
of findings of research related to Department-funded projects; and (5)
support research activities that were readily applicable to the
vocational education setting. This regulation indicated how the
Secretary made an award, and was aligned with Sec. 402--Research
Objectives and Sec. 403--Research Activities of Perkins II. The
requirements in Perkins II was superseded by Perkins III, Sec. 114(c)--
Research, Development, Dissemination, Evaluation and Assessment, which
indicated that the Secretary through grants, contracts, or cooperative
agreements, carry out research, development, dissemination, evaluation
and assessment, capacity building, and technical assistance with regard
to vocational and technical education programs. Sec. 114(c) of Perkins
III was subsequently superseded by Perkins IV
[[Page 7297]]
and Perkins V, Sec. 114(c)--Single Plan for Research, Development,
Dissemination, Evaluation, and Assessment. That section indicated that
the Secretary may directly, or through grants, contracts, or
cooperative agreements, carry out research, development, dissemination,
evaluation and assessment, capacity building, and technical assistance
with regard to career and technical education programs.
34 CFR Part 413--National Center or Centers for Research in Vocational
Education
The purpose of the National Centers for Research in Vocational
Education was to support: (1) Applied research; and (2) development and
dissemination and training for vocational education. This regulation
provided such general provisions as the definitions relative to the
program, eligibility for a program award, and what activities could be
funded. In addition, the regulation specified how the Secretary made
the award and what conditions must be met after the award. The
regulation aligned with Perkins II, Sec. 404--National Center or
Centers for Research in Vocational Education. This Perkins II section
was superseded by Sec. 114(c)(5) of Perkins III, which established the
requirements for a national research center or centers, and was
subsequently superseded by the requirements in Sec. 114(d)(4) of
Perkins IV to establish a national research center. The Perkins IV,
Sec. 114(d)(4) requirements were superseded by Sec. 114(d)(4) of
Perkins V, which requires that the Secretary, after consultation with
the Director of the Institute of Education Sciences, the Commissioner
for Education Research, and the States, to award a grant, contract, or
cooperative agreement, to carry out research activities.
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)). Because the
final regulations merely reflect statutory changes and remove outdated
or unnecessary regulatory provisions, the Secretary 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, it
must identify two deregulatory actions. For FY 2019, no regulations
exceeding the agency's total incremental cost allowance will be
permitted. These regulations are a deregulatory action under E.O. 13771
and therefore the two-for-one requirements of E.O. 13771 do 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 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.
[[Page 7298]]
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. As
detailed earlier, this regulatory action removes outdated and
superseded regulations for eight 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 new information collection
requirements. The information collection OMB Control Number 1830-0503,
active during the Perkins II regulations with an annual cost to the
Federal Government of $94,160, expired March 31, 2010. The only
previously OMB-approved information collection under the Perkins II
regulations that has been renewed, updated, and remains currently
active is OMB Control Number 1830-0029. This information is used for
the Perkins State Plan Guide and expires on September 30, 2019.
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.
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by the Department.
List of Subjects
34 CFR Part 400
Accounting, Administrative practice and procedure, Adult education,
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business
and industry, Civil rights, Colleges and universities, Communications,
Community development, Community facilities, Copyright, Credit,
Cultural exchange programs, Educational facilities, Educational
research, Education, Education of disadvantaged, Education of
individuals with disabilities; Educational study programs, Electric
power, Electric power rates, Electric utilities, Elementary and
secondary education, Energy conservation, Equal educational
opportunity, Federally affected areas, Government contracts, Grant
programs, Grant programs--agriculture, Grant programs--business, Grant
programs--communications, Grant programs--education, Grant programs--
energy, Grant programs--health, Grant programs--housing and community
development, Grant programs--social programs, Grants administration,
Guam, Home improvement, Homeless, Hospitals, Housing, Human research
subjects, Indians, Indians--education, Infants and children, Insurance,
Intergovernmental relations, International organizations, Inventions
and patents, Loan programs, Loan programs--social programs, Loan
programs--agriculture, Loan programs--business, Loan programs--
communications, Loan programs--energy, Loan programs--health, Loan
programs--housing and community development, Manpower training
programs, Migrant labor, Mortgage insurance, Nonprofit organizations,
Northern Mariana Islands, Pacific Islands Trust Territories, Privacy,
Renewable energy, Reporting and recordkeeping requirements, Rural
areas, Scholarships and fellowships, School construction, Schools,
Science and technology, Securities, Small businesses, State and local
governments, Student aid, Teachers, Telecommunications, Telephone,
Urban areas, Veterans, Virgin Islands, Vocational education, Vocational
rehabilitation, Waste treatment and disposal, Water pollution control,
Water resources, Water supply, Watersheds, Women.
34 CFR Part 401
Administrative practice and procedure, Grant programs--education,
Grant programs--Indians, Indians--education, Reporting and
recordkeeping requirements, Vocational education.
34 CFR Part 402
Grant programs--education, Hawaiian Natives, Reporting and
recordkeeping requirements, Vocational education.
34 CFR Part 403
Business and industry, Colleges and universities, Elementary and
secondary education, Grant programs--education, Prisoners, Reporting
and recordkeeping requirements, Sex discrimination, Vocational
education, Women.
34 CFR Part 406
Colleges and universities, Elementary and secondary education,
Grant programs--education, Reporting and recordkeeping requirements,
Vocational education.
34 CFR Part 410
Grant programs--education, Grant programs--Indians, Indians--
education, Reporting and recordkeeping requirements, Vocational
education.
34 CFR Part 411
Education of disadvantaged, Education of individuals with
disabilities, Educational research, Grant programs--education,
Prisoners, Reporting and recordkeeping requirements, Vocational
education, Women.
34 CFR Part 413
Colleges and universities, Educational research, Grant programs--
education, Reporting and recordkeeping requirements, Vocational
education.
[[Page 7299]]
Dated: February 26, 2019.
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 IV of
title 34 of the Code of Federal Regulations as follows:
PART 400--[Removed and Reserved]
0
1. Part 400 is removed and reserved.
PART 401--NATIVE AMERICAN CAREER AND TECHNICAL EDUCATION PROGRAM
0
2. Revise the authority citation for part 401 to read as follows:
Authority: 20 U.S.C. 2313(b), 25 U.S.C. 5321.
0
3. The heading of part 401 is revised to read as set forth above.
Sec. 401.1 [Removed]
0
4. Remove Sec. 401.1.
Sec. 401.23 [Redesignated as Sec. 401.1 and Amended]
0
5. Redesignate Sec. 401.23 as Sec. 401.1 and revise newly
redesignated Sec. 401.1 to read as follows:
Sec. 401.1 Is the Secretary's decision not to make an award under the
Native American Career and Technical Education Program subject to a
hearing?
(a) After receiving written notice from an authorized official of
the Department that the Secretary will not award a grant or cooperative
agreement to an eligible applicant, an Indian tribal organization has
30 calendar days to make a written request to the Secretary for a
hearing to review the Secretary's decision.
(b) Within 10 business days of the Department's receipt of a
hearing request, the Secretary designates a Department employee who is
not assigned to the Office of Career, Technical, and Adult Education to
serve as a hearing officer. The hearing officer conducts a hearing and
issues a written decision within 75 calendar days of the Department's
receipt of the hearing request. The hearing officer establishes rules
for the conduct of the hearing. The hearing officer conducts the
hearing solely on the basis of written submissions unless the officer
determines, in accordance with standards in 34 CFR 81.6(b), that oral
argument or testimony is necessary.
(c) The Secretary does not make any award under this part to an
Indian tribal organization until the hearing officer issues a written
decision on any appeal brought under this section.
Sec. Sec. 401.2, 401.3, 401.4, and 401.5 [Removed and Reserved]
0
6. Remove and reserve Sec. Sec. 401.2, 401.3, 401.4, and 401.5.
Sec. Sec. 401.10, 401.20, 401.21, 401.22, 401.30, and
401.31 [Removed]
0
7. Remove Sec. Sec. 401.10, 401.20, 401.21, 401.22, 401.30, and
401.31.
PART 402--[Removed and Reserved]
0
8. Part 402 is removed and reserved.
PART 403--[Removed and Reserved]
0
9. Part 403 is removed and reserved.
PART 406--[Removed and Reserved]
0
10. Part 406 is removed and reserved.
PART 410--[Removed and Reserved]
0
11. Part 410 is removed and reserved.
PART 411--[Removed and Reserved]
0
12. Part 411 is removed and reserved.
PART 413--[Removed and Reserved]
0
13. Part 413 is removed and reserved.
[FR Doc. 2019-03661 Filed 3-1-19; 8:45 am]
BILLING CODE 4000-01-P