[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89305-89306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28375]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[ED-2023-OSERS-0177]


Final Waiver and Extension of the Project Period With Funding for 
Innovative Rehabilitation Training Grants

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

ACTION: Final waiver and extension of project period with funding.

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SUMMARY: The Secretary 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 seven projects under Assistance Listing Number (ALN) 
84.263C to receive funding for an additional period, not to exceed 
September 30, 2025.

DATES: The waiver and extension of the project periods are effective 
December 27, 2023.

FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 4A110, Washington, DC 20202. 
Telephone: 202-987-0128. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2023, the Department published a notice in the 
Federal Register (84 FR 32135) proposing a waiver and extension of the 
project period with funding in order to enable seven projects under 
Assistance Listing Number (ALN) 84.263C to receive continuation funding 
for an additional 12-month period, not to exceed September 30, 2025. 
The proposed waiver and extension of the project period with funding 
would allow the Department to align those dates with that of awards 
funded under ALNs 84.263E and 84.263F, which will each receive their 
final year of funding in FY 2024, and end on September 30, 2025. Due to 
the overlapping goals of these three programs, the Department does not 
believe that it would be in the public interest to run a competition 
for ALN 84.263C in FY 2024. Rather, aligning the projects' periods of 
performance end dates for ALNs 84.263C, 84.263E, and 84.263F would 
reduce financial and administrative burden by allowing the Department 
to conduct a single competition for all 84.263C, 84.263E, and 84.263F 
grants in FY 2025, with a five-year performance period that would run 
from October 1, 2025, through September 30, 2030.
    There are no differences between the notice of proposed waiver and 
extension of the project period with funding and this notice of final 
waiver and extension of the project period with funding, as discussed 
in the Analysis of Comments and Changes section of this document.

Public Comment

    In response to our invitation in the notice of proposed waiver and 
extension of the project period with funding, two parties submitted 
comments.
    Generally, we do not address technical and other minor changes or 
suggested changes the law does not authorize us to make under the 
applicable statutory authority. In addition, we do not address general 
comments that raised concerns not directly related to the proposed 
waiver and extension with funding.

Analysis of Comments and Changes

    An analysis of the comments and of any changes in the priority 
since publication of the notice of proposed waiver and extension of the 
project period with funding follows.
    Comment: One commenter expressed strong support for the proposed 
waiver and extension of the project period with funding noting the 
vital importance of the Innovation Rehabilitation Training projects to 
the Vocational Rehabilitation field. The commenter described first-hand 
experience serving on an advisory board of one of the Innovative 
Rehabilitation Training grants and evaluating their products. The 
commenter noted the value of the products to the vocational 
rehabilitation field in meeting the needs of individuals with 
disabilities.
    Discussion: The Department appreciates support for the proposed 
waiver and extension of the project period with funding for the 
Innovative Rehabilitation Training grants.
    Change: None.
    Comment: One commenter analyzed whether the proposed waiver and 
extension of the project period with funding would lead to more 
efficient outcomes for the Innovative Rehabilitation Training program. 
The commenter presented one argument that extending the project period 
and providing additional funding would offer the Department streamlined 
decision-making and grantee flexibility to ensure the delivery of 
comprehensive, high-quality training that effectively meets the needs 
of their target populations. The commenter presented a counterargument 
that extending the project timeline might cause grantees to delay 
project milestones if they know extensions are readily available, 
leading to inefficiencies and prolonged timelines that do not guarantee 
improved outcomes. The commenter recommended the Department implement 
appropriate oversight procedures to alleviate possible risks and 
safeguard the effectiveness of the waiver and extension of the project 
period to alleviate financial and administrative burden.
    Discussion: The Department appreciates the commenter's analysis of 
arguments for and against the proposed notice of waiver and extension 
of the project period with funding and carefully considered them in its 
decision making. The Department will monitor grantees in accordance 
with applicable regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99; (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485; and (c) The Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards in 2 CFR 
part 200, as adopted and amended as regulations of the Department in 2 
CFR part 3474. Additionally, the Department will assess grant 
performance through annual reporting and tracking of expenditures to 
ensure that project milestones for both the current budget period and 
the additional budget period

[[Page 89306]]

are met in a timely and efficient manner, thus mitigating potential 
program and financial risk.
    Change: None.

Final Waiver and Extension of the Project Period With Funding

    The Department believes aligning the projects' period of 
performance for ALNs 84.263C, 84.263E, and 84.263F is in the best 
interest of the public, as the extension reduces the financial and 
administrative burden by allowing the Department to conduct a single 
competition for 84.263C, 84.263E, and 84.263F in FY 2025, with a five-
year performance period that would run from October 1, 2025, through 
September 30, 2030.
    Consequently, 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. This waiver allows the 
Department to issue a one-year FY 2024 continuation award to each of 
the seven currently funded FY 2019 84.263C projects. Any activities 
carried out during the year of this continuation award must be 
consistent with the scope, goals, and objectives of the grantees' 
applications as approved in the FY 2019 competition. The requirements 
for continuation awards are set forth in 34 CFR 75.253.

Regulatory Flexibility Act Certification

    The Secretary certifies that the final waiver and extension of the 
project period with funding would not have a significant economic 
impact on a substantial number of small entities. The only entities 
that would be affected by the final waiver and extension of the project 
period with funding are the seven grants that were awarded in FY 2019 
under ALN 84.263C.
    The Secretary certifies that the final waiver and extension would 
not have a significant economic impact on these entities, because the 
extension of an existing project period imposes minimal compliance 
costs, and the activities required to support the additional year of 
funding would not impose additional regulatory burdens or require 
unnecessary Federal supervision.

Paperwork Reduction Act of 1995

    This notice of final waiver and extension of the project period 
with funding does not contain any information collection requirements.

Intergovernmental Review

    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.
    This document provides final notification of our specific plans and 
actions for this program.
    Accessible Format: On request to the program contact person listed 
under FURTHER INFORMATION CONTACT, individuals with disabilities can 
obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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 
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.

Dant[eacute] Allen,
Commissioner, Rehabilitation Services Administration, Office of Special 
Education and Rehabilitative Services.
[FR Doc. 2023-28375 Filed 12-26-23; 8:45 am]
BILLING CODE 4000-01-P