[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57693-57694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20510]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2019-OSERS-0044]


Final Waiver and Extension of the Project Period for a Grant that 
Provides Rehabilitation Short-Term Training to the Client Assistance 
Program (CAP)

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

ACTION: Final waiver and extension of project period.

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SUMMARY: The U.S. Department of Education (Department) waives the 
requirements in the Education Department General Administrative 
Regulations that generally prohibit project periods exceeding five 
years and project period extensions involving the obligation of 
additional Federal funds. The waiver and extension enable the 
Rehabilitation Short-Term Training-CAP under Catalog of Federal 
Domestic Assistance (CFDA) number 84.246K to receive funding for an 
additional performance period of one year, not to exceed September 30, 
2021.

DATES: The waiver and extension of the project period is effective 
September 16, 2020.

FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5101, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: 202-245-7425. 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:

Background

    In September 2015, the Rehabilitation Services Administration (RSA) 
awarded a 60-month grant to the National Disability Rights Network 
(NDRN) under the Rehabilitation Short-Term Training Program, authorized 
under section 302 of the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act) (29 U.S.C. 772). Under the grant, NDRN provides 
training and technical assistance to increase the capacity of CAP 
professionals to fulfill their responsibilities under section 112 of 
the Rehabilitation Act to inform, advise, and advocate for individuals 
with disabilities and facilitate their access to services and programs 
available under the Rehabilitation Act, as amended by the Workforce 
Innovation and Opportunity Act (WIOA) (29 U.S.C. 3101 et seq.). The 
performance period for that grant ends on September 30, 2020.
    On April 27, 2020, the Department published in the Federal Register 
(85 FR 23270) a document proposing an extension of the Rehabilitation 
Short-Term Training-CAP performance period for an additional budget 
period, not to exceed September 30, 2021; a waiver of the requirements 
in 34 CFR 75.250, which prohibit project periods exceeding five years; 
and a waiver of 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.
    We are extending the Rehabilitation Short-Term Training-CAP for an 
additional year to assess and enhance the Department's CAP training and 
technical assistance approaches in light of (a) the expanded quality 
employment opportunities for individuals with disabilities promoted by 
WIOA; (b) promising employment initiatives advanced by RSA's Vocational 
Rehabilitation Technical Assistance Centers, consistent with WIOA; and 
(c) new training delivery platforms and methodologies that could be 
applied to this CAP training program, including the training that will 
be developed under the Innovative Rehabilitation Training program, CFDA 
number 84.263D. In short, the waiver and extension will allow the 
current Rehabilitation Short-Term Training-CAP grantee to continue 
providing critical training and technical assistance to CAP personnel, 
while the Innovative Rehabilitation Training program grantee designs 
and scales up a new, innovative training program that, consistent with 
WIOA, maximizes the capacity of CAP personnel to inform, advise, and 
advocate for individuals with disabilities and facilitate their access 
to expanded quality employment opportunities in their States.
    Public Comment: In response to our invitation in the notification 
of proposed waiver and extension of the project periods, five parties 
submitted responsive comments. An analysis of the comments follows.
    Comment: All commenters expressed support for the Rehabilitation 
Short-Term Training-CAP extension, including support for the 
Department's stated reason for doing so. None of the commenters 
recommended changes or provided substantive comments regarding the 
proposed extension and waiver itself.
    Discussion: We appreciate commenters' support for this action, 
which we believe will allow the Department to more effectively support 
CAP personnel.
    Changes: None.
    Final Waiver and Extension:
    The Department is extending the Rehabilitation Short-Term Training-
CAP for an additional budget period, not to exceed September 30, 2021. 
The Department has concluded that it would not be in the public 
interest to end the Rehabilitation Short-Term Training-CAP grant while 
the new, enhanced CAP training program under the Innovative 
Rehabilitation Training priority related to CAP (CFDA number 84.263D) 
is being designed and ramped up during its first year. Doing so would 
reduce the Department's ability to provide ongoing training and 
technical assistance that CAP professionals need to fulfill their 
responsibilities under the Rehabilitation Act in the coming fiscal year 
(FY).
    For this reason, the Department waives the requirements in 34 CFR 
75.250, which prohibit project periods exceeding five years, and 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 would allow the 
Department to issue a one-time FY 2020 continuation award to the 
Rehabilitation Short-Term Training-CAP, as follows.

[[Page 57694]]



84.246K...................  Rehabilitation Short-Term           $200,000
                             Training-CAP.
 

    Any activities carried out during the year of this continuation 
award must be consistent with the scope, goals, and objectives of the 
grantee's application as approved in the FY 2015 competition. The 
requirements for continuation awards are set forth 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)). A delayed 
effective date would be contrary to public interest by creating a gap 
in provision of training and technical assistance that CAP 
professionals need to effectively fulfill their responsibilities under 
the Rehabilitation Act. Therefore, the Secretary waives the delayed 
effective date provision for good cause.
    Regulatory Flexibility Act Certification:
    The Department certifies that the waiver and extension of the 
project period will not have a significant economic impact on a 
substantial number of small entities. The only entity that will be 
affected by the waiver and extension of the project period is the 
current Rehabilitation Short-Term Training-CAP grantee, because it 
would receive funding for an additional project period. Additionally, 
the extension of an existing budget period 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 
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 
Federal Regulations at www.govinfo.gov. 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 
view in 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.

Mark Schultz,
Commissioner, Rehabilitation Services Administration, Delegated the 
authority to perform the functions and duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2020-20510 Filed 9-14-20; 4:15 pm]
BILLING CODE 4000-01-P