83_FR_1565 83 FR 1556 - National Institute on Disability and Rehabilitation Research (NIDRR) and Independent Living Programs, Outdated, Superseded Regulations

83 FR 1556 - National Institute on Disability and Rehabilitation Research (NIDRR) and Independent Living Programs, Outdated, Superseded Regulations

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1556-1558
FR Document2018-00475

The Secretary removes outdated, superseded regulations for five programs no longer administered by the Department: The Disability and Rehabilitation Research Projects and Centers Program, the Research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.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Pages 1556-1558]
From the Federal Register Online  [www.thefederalregister.org]
[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(NIDRR) and Independent Living Programs, Outdated, Superseded 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.

-----------------------------------------------------------------------

SUMMARY: The Secretary removes outdated, superseded regulations for 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: [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 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 
at: www.thefederalregister.org/fdsys. 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.

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]
BILLING CODE 4000-01-P



                                              1556                Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations

                                              PART 4071—PENALTIES FOR                                 DATES:  This rule is effective on January              and the Centers for Independent Living
                                              FAILURE TO PROVIDE CERTAIN                              12, 2018.                                              program. In 2014, the Workforce
                                              NOTICES OR OTHER MATERIAL                               FOR FURTHER INFORMATION CONTACT:                       Innovation and Opportunity Act
                                              INFORMATION                                             Karen Kay at 703–693–0909.                             transferred these programs to the
                                                                                                      SUPPLEMENTARY INFORMATION: It has been
                                                                                                                                                             Department of Health and Human
                                              ■ 1. The authority citation for part 4071                                                                      Services, which has adopted regulations
                                                                                                      determined that publication of this CFR
                                              continues to read as follows:                                                                                  for them.
                                                                                                      part removal for public comment is
                                                Authority: 28 U.S.C. 2461 note, as                    impracticable, unnecessary, and                        DATES: These regulations are effective
                                              amended by sec. 701, Pub. L. 114–74, 129                contrary to public interest since it is                January 12, 2018.
                                              Stat. 599–601; 29 U.S.C. 1302(b)(3), 1371.              based on removing DoD internal                         FOR FURTHER INFORMATION CONTACT: Kate
                                              § 4071.3   [Amended]                                    policies and procedures that are                       Friday, U.S. Department of Education,
                                                                                                      publically available on the Department’s               400 Maryland Ave. SW, Room 5104
                                              ■ 2. In § 4071.3, the figures ‘‘$2,097’’ are            issuance website. Once signed, a copy of               PCP, Washington, DC 20202–2500.
                                              removed and the figures ‘‘$2,140’’ are                  DoD’s internal guidance contained in                   Telephone: (202) 245–7605 or email:
                                              added in their place.                                   DoD Directive 2040.03 will be made                     Kate.Friday@ed.gov.
                                                                                                      available at http://www.esd.whs.mil/                      If you use a telecommunications
                                              PART 4302—PENALTIES FOR                                                                                        device for the deaf (TDD) or a text
                                              FAILURE TO PROVIDE CERTAIN                              Directives/issuances/dodd/.
                                                                                                         This rule is being removed from the                 telephone (TTY), call the Federal Relay
                                              MULTIEMPLOYER PLAN NOTICES                                                                                     Service (FRS), toll free at 1–800–877–
                                                                                                      CFR because it does not place a burden
                                                                                                      on the public as it deals with matters                 8339.
                                              ■ 3. The authority citation for part 4302
                                              continues to read as follows:                           internal to DoD. As a direct result of                 SUPPLEMENTARY INFORMATION: On
                                                                                                      there being no burden on the public,                   February 24, 2017, President Trump
                                                Authority: 28 U.S.C. 2461 note, as
                                              amended by sec. 701, Pub. L. 114–74, 129
                                                                                                      there was never was a cost to the public               signed Executive Order 13777,
                                              Stat. 599–601; 29 U.S.C. 1302(b)(3), 1452.              to execute this rule, therefore, removing              ‘‘Enforcing the Regulatory Reform
                                                                                                      it does not provide a cost savings to the              Agenda,’’ which established a Federal
                                              § 4302.3   [Amended]                                    public.                                                policy ‘‘to alleviate unnecessary
                                              ■ 4. In § 4302.3, the figures ‘‘$279’’ are                                                                     regulatory burdens’’ on the American
                                                                                                      List of Subjects in 32 CFR Part 205
                                              removed and the figures ‘‘$285’’ are                                                                           people. Section 3(a) of the Executive
                                              added in their place.                                       Government procurement.                            Order directed each Federal agency to
                                                                                                                                                             establish a regulatory reform task force,
                                                Issued in Washington, DC.                             PART 205—[REMOVED]                                     the duty of which is to evaluate existing
                                              W. Thomas Reeder,                                                                                              regulations and ‘‘make
                                              Director, Pension Benefit Guaranty                      ■ Accordingly, under the authority of 5
                                                                                                                                                             recommendations to the agency head
                                              Corporation.                                            U.S.C. 301, 32 CFR part 205 is removed.
                                                                                                                                                             regarding their repeal, replacement, or
                                              [FR Doc. 2018–00406 Filed 1–11–18; 8:45 am]               Dated: January 9, 2018.                              modification.’’ Accordingly, the
                                              BILLING CODE 7709–02–P                                  Aaron Siegel,                                          Secretary removes 34 CFR parts 350,
                                                                                                      Alternate OSD Federal Register Liaison                 356, 359, 364, 365, and 366 because
                                                                                                      Officer, Department of Defense.                        they have been superseded.
                                              DEPARTMENT OF DEFENSE                                   [FR Doc. 2018–00473 Filed 1–11–18; 8:45 am]               In 2014, the Workforce Innovation
                                                                                                      BILLING CODE 5001–06–P                                 and Opportunity Act (WIOA) (Pub. L.
                                              Office of the Secretary                                                                                        113–128) made significant changes to
                                                                                                                                                             many programs administered by the
                                              32 CFR Part 205                                         DEPARTMENT OF EDUCATION                                Office of Special Education and
                                                                                                                                                             Rehabilitative Services (OSERS). WIOA
                                              [Docket ID: DOD–2017–OS–0004]                           34 CFR Parts 350, 356, 359, 364, 365,                  transferred the National Institute for
                                                                                                      and 366                                                Disability and Rehabilitation Research
                                              RIN 0790–AJ05
                                                                                                                                                             (NIDRR), its functions, and its programs
                                                                                                      RIN 1820–AB75; 1820–AB76
                                              End Use Certificates (EUCs)                                                                                    from OSERS to the Administration for
                                                                                                      National Institute on Disability and                   Community Living (ACL) within the
                                              AGENCY:  Office of the Under Secretary of               Rehabilitation Research (NIDRR) and                    Department of Health and Human
                                              Defense for Acquisition, Technology,                    Independent Living Programs,                           Services (HHS). In the process, WIOA
                                              and Logistics, DoD.                                     Outdated, Superseded Regulations                       renamed NIDRR the National Institute
                                              ACTION: Final rule.                                                                                            for Disability, Independent Living, and
                                                                                                      AGENCY:  Office of Special Education and               Rehabilitation Research (NIDILRR).
                                              SUMMARY:   This final rule removes DoD’s                Rehabilitative Services, Department of                 (See, WIOA sections 433, 435, 491(n).)
                                              regulation concerning the signing of                    Education.                                             The programs transferred were the
                                              EUCs required by foreign governments                    ACTION: Final regulations.                             Disability and Rehabilitation Research
                                              for foreign defense items purchased by                                                                         Projects and Centers program, the
                                              the United States. DoD has determined                   SUMMARY:   The Secretary removes                       Research Fellowships program, and the
                                              that this part does not place a burden on               outdated, superseded regulations for                   Special Projects and Demonstrations for
                                              the public as it deals with matters                     five programs no longer administered by                Spinal Cord Injuries program.
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                                              internal to DoD. DoD signs end use                      the Department: The Disability and                        WIOA also created within ACL the
                                              certificates (following internal                        Rehabilitation Research Projects and                   Independent Living Administration and
                                              coordination and approval) at the behest                Centers Program, the Research                          transferred to it two programs from the
                                              of a foreign country, when DoD is                       Fellowships program, the Special                       Rehabilitation Services Administration
                                              buying products from that country.                      Projects and Demonstrations for Spinal                 (RSA) within OSERS, namely the State
                                              Therefore, this part is unnecessary and                 Cord Injuries program, the State                       Independent Living Services program
                                              can be removed from the CFR.                            Independent Living Services program,                   and the Centers for Independent Living


                                         VerDate Sep<11>2014   15:52 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\12JAR1.SGM   12JAR1


                                                                         Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations                                                                                          1557

                                              program (WIOA sections 471–484,                                          provided by, these five programs during                                   terminated, superseded, set aside, or
                                              491(b)).                                                                 their transfer, WIOA kept the                                             revoked’’ (WIOA sections 491(i)(1),
                                                To ensure that there would be no                                       regulations for those programs in effect                                  491(n)(3)(A)). The regulations for the
                                              interruption in funding for, or services                                 until they were properly ‘‘modified,                                      five transferred programs are:

                                                                                                                                                                                                                                                 Regulations
                                                                                                                                       Program                                                                                                  34 CFR part(s)

                                              Disability and Rehabilitation Research Projects and Centers Program ..............................................................................................                                          350
                                              Research Fellowships ..........................................................................................................................................................................             356
                                              Special Projects and Demonstrations for Spinal Cord Injuries ...........................................................................................................                                    359
                                              State Independent Living Services ......................................................................................................................................................               364, 365
                                              Centers for Independent Living ...........................................................................................................................................................             364, 366



                                                 The Department and HHS completed                                      the regulations and the affected                                          be fully offset by the elimination of
                                              all transfers from OSERS to ACL on                                       programs has been transferred to                                          existing costs through deregulatory
                                              March 30, 2015.                                                          another agency, the Secretary is also                                     actions. Because this final rule is not a
                                                 On May 11, 2016, HHS published                                        waiving the 30-day delay in the effective                                 significant regulatory action, the
                                              final regulations for NIDILRR’s three                                    date of these regulatory changes under                                    requirement to offset new regulations in
                                              programs, superseding 34 CFR parts                                       5 U.S.C. 553(d)(3).                                                       Executive Order 13771 does not apply.
                                              350, 356, and 359, and combines them                                                                                                                  We have also reviewed these
                                                                                                                       Executive Orders 12866, 13563, and
                                              into a single part, now codified at 45                                                                                                             regulations under Executive Order
                                                                                                                       13771
                                              CFR part 1330. Those three programs                                                                                                                13563, which supplements and
                                              are now titled the Disability,                                           Regulatory Impact Analysis                                                explicitly reaffirms the principles,
                                              Independent Living, and Rehabilitation                                      Under Executive Order 12866, the                                       structures, and definitions governing
                                              Research Projects and Centers Program;                                   Secretary must determine whether this                                     regulatory review established in
                                              the Disability, Independent Living, and                                  regulatory action is ‘‘significant’’ and,                                 Executive Order 12866. To the extent
                                              Rehabilitation Research Fellowships                                      therefore, subject to the requirements of                                 permitted by law, Executive Order
                                              program; and the Special Projects and                                    the Executive order and subject to                                        13563 requires that an agency—
                                              Demonstrations for Spinal Cord Injuries                                  review by the Office of Management and                                       (1) Propose or adopt regulations only
                                              program (81 FR 29156).                                                   Budget (OMB). Section 3(f) of Executive                                   upon a reasoned determination that
                                                 On October 27, 2016, HHS published                                    Order 12866 defines a ‘‘significant                                       their benefits justify their costs
                                              final regulations for the two programs                                   regulatory action’’ as an action likely to                                (recognizing that some benefits and
                                              transferred from RSA, superseding 34                                     result in a rule that may—                                                costs are difficult to quantify);
                                              CFR parts 364, 365, and 366. HHS did                                        (1) Have an annual effect on the                                          (2) Tailor their regulations to impose
                                              not change the names of the State                                        economy of $100 million or more, or                                       the least burden on society, consistent
                                              Independent Living Services program or                                   adversely affect a sector of the economy,                                 with obtaining regulatory objectives and
                                              the Centers for Independent Living                                       productivity, competition, jobs, the                                      taking into account—among other
                                              program, but combined all Independent                                    environment, public health or safety, or                                  things, and to the extent practicable—
                                              Living program regulations and codified                                  State, local or tribal governments or                                     the costs of cumulative regulations;
                                              them at 45 CFR part 1329. (81 FR                                         communities in a material way (also                                          (3) In choosing among alternative
                                              74682).                                                                  referred to as an ‘‘economically                                          regulatory approaches, select those
                                                                                                                       significant’’ rule);                                                      approaches that maximize net benefits
                                              Waiver of Proposed Rulemaking                                                                                                                      (including potential economic,
                                                                                                                          (2) Create serious inconsistency or
                                                Under the Administrative Procedures                                    otherwise interfere with an action taken                                  environmental, public health and safety,
                                              Act (5 U.S.C. 553), the Department                                       or planned by another agency;                                             and other advantages; distributive
                                              generally offers interested parties the                                     (3) Materially alter the budgetary                                     impacts; and equity);
                                              opportunity to comment on proposed                                       impacts of entitlement grants, user fees,                                    (4) To the extent feasible, specify
                                              regulations. However, this regulatory                                    or loan programs or the rights and                                        performance objectives, rather than
                                              action merely removes regulations that                                   obligations of recipients thereof; or                                     specifying the behavior or manner of
                                              are unnecessary because administration                                      (4) Raise novel legal or policy issues                                 compliance that regulated entities must
                                              of the regulations and the affected                                      arising out of legal mandates, the                                        adopt; and
                                              programs has been transferred to                                         President’s priorities, or the principles                                    (5) Identify and assess available
                                              another agency. This regulatory action                                   stated in the Executive order.                                            alternatives to direct regulation,
                                              adopts no new regulations and does not                                      This regulatory action is not a                                        including providing economic
                                              establish or affect substantive policy.                                  significant regulatory action subject to                                  incentives—such as user fees or
                                              Therefore, under 5 U.S.C. 553(b)(B), the                                 review by OMB under section 3(f) of                                       marketable permits—to encourage the
                                              Secretary has determined that proposed                                   Executive Order 12866.                                                    desired behavior, or provide
                                              regulations are unnecessary, and, thus,                                     Under Executive Order 13771, for                                       information that enables the public to
                                              waives notice and comment rulemaking.                                    each new regulation that the                                              make choices.
                                                The APA also requires that                                             Department proposes for notice and                                           Executive Order 13563 also requires
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                                              regulations be published at least 30 days                                comment or otherwise promulgates that                                     an agency ‘‘to use the best available
                                              before their effective date, unless the                                  is a significant regulatory action under                                  techniques to quantify anticipated
                                              agency has good cause to implement its                                   Executive Order 12866 and that imposes                                    present and future benefits and costs as
                                              regulations sooner (5 U.S.C. 553(d)(3)).                                 total costs greater than zero, it must                                    accurately as possible.’’ The Office of
                                              Again, because the final regulations                                     identify two deregulatory actions. For                                    Information and Regulatory Affairs of
                                              merely remove regulations that are                                       FY 2018, any new incremental costs                                        OMB has emphasized that these
                                              unnecessary because administration of                                    associated with a new regulation must                                     techniques may include ‘‘identifying


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                                              1558                Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations

                                              changing future compliance costs that                   and 366 are no longer active information               Scholarships and fellowships;
                                              might result from technological                         collections with the Department of                     Vocational rehabilitation.
                                              innovation or anticipated behavioral                    Education. These information
                                              changes.’’                                              collections were transferred to HHS                    34 CFR Part 359
                                                We are issuing this regulatory action                 under WIOA in May 2015 and March                         Grant programs—education; Research;
                                              only upon a reasoned determination                      2016, removing 1820–0027 and 1820–                     Vocational rehabilitation.
                                              that its benefits justify its costs. In                 0527 from ED inventory and transferring
                                              choosing among alternative regulatory                   part 366 from 1820–0018. The                           34 CFR Part 364
                                              approaches, we selected the approach                    information collections under OMB
                                              that maximizes net benefits. Based on                   1820–0027 (parts 350 and 356), OMB                       Grant programs—education; Grant
                                              the analysis that follows, the                          1820–0527 (part 364), and OMB 1820–                    programs—social programs; Reporting
                                              Department believes that these                          0018 (part 366 only) are not contained                 and recordkeeping requirements;
                                              regulations are consistent with the                     in this regulatory action.                             Vocational rehabilitation.
                                              principles in Executive Order 13563.                                                                           34 CFR Part 365
                                                We also have determined that this                     Intergovernmental Review
                                              regulatory action would not unduly                         Some of these programs are subject to                 Grant programs—education; Grant
                                              interfere with State, local, and Tribal                 Executive Order 12372 and the                          programs—social programs; Reporting
                                              governments in the exercise of their                    regulations in 34 CFR part 79. One of                  and recordkeeping requirements;
                                              governmental functions.                                 the objectives of the Executive order is               Vocational rehabilitation.
                                                                                                      to foster an intergovernmental
                                              Need for the Regulatory Action                                                                                 34 CFR Part 366
                                                                                                      partnership and a strengthened
                                                This regulatory action is necessary to                federalism. The Executive order relies
                                              comply with Executive Order 13777 and                   on processes developed by State and                      Grant programs—social programs;
                                              to remove superseded regulations from                   local governments for coordination and                 Reporting and recordkeeping
                                              the Code of Federal Regulations (CFR).                  review of proposed Federal financial                   requirements; Vocational rehabilitation.
                                              Analysis of Costs and Benefits                          assistance.                                               Dated: January 8, 2018.
                                                                                                         Accessible Format: Individuals with                 Kimberly M. Richey,
                                                This regulatory action is a benefit to                disabilities can obtain this document in
                                              the public, grant recipients, and the                                                                          Deputy Assistant Secretary, delegated the
                                                                                                      an accessible format (e.g., braille, large             authority to perform the functions and duties
                                              Department as the action will remove                    print, audiotape, or compact disc) on
                                              any confusion that might be caused by                                                                          of the Assistant Secretary for Special
                                                                                                      request to the contact person listed                   Education and Rehabilitative Services.
                                              maintaining superseded regulations in                   under FOR FURTHER INFORMATION
                                              the CFR.                                                CONTACT.                                                 For the reasons discussed in the
                                                The Department has also analyzed the                     Electronic Access to This Document:                 preamble, and under the authority of
                                              costs of this regulatory action and has                 The official version of this document is               section 414 of the Department of
                                              determined that it will impose no                       the document published in the Federal                  Education Organization Act, 20 U.S.C.
                                              additional costs ($0). As detailed earlier,             Register. Free internet access to the                  3474, the Secretary of Education
                                              this regulatory action removes                          official edition of the Federal Register
                                              superseded regulations for five                                                                                amends chapter III of title 34 of the
                                                                                                      and the Code of Federal Regulations is                 Code of Federal Regulations as follows:
                                              programs that WIOA transferred from                     available via the Federal Digital System
                                              OSERS to HHS and adopts no new ones.                    at: www.gpo.gov/fdsys. At this site you                PART 350 [Removed and Reserved]
                                              In 2016, HHS adopted regulations for                    can view this document, as well as all
                                              the Disability, Independent Living, and                 other documents of this Department
                                              Rehabilitation Research Projects and                                                                           ■   1. Part 350 is removed and reserved.
                                                                                                      published in the Federal Register, in
                                              Centers Program; the Disability,                        text or Portable Document Format                       PART 356 [Removed and Reserved]
                                              Independent Living, and Rehabilitation                  (PDF). To use PDF you must have
                                              Research Fellowships program; the                       Adobe Acrobat Reader, which is
                                              Special Projects and Demonstrations for                                                                        ■   2. Part 356 is removed and reserved.
                                                                                                      available free at the site.
                                              Spinal Cord Injuries program; the State                    You may also access documents of the                PART 359 [Removed and Reserved]
                                              Independent Living Services program;                    Department published in the Federal
                                              and the Centers for Independent Living                  Register by using the article search
                                              program. See, 81 FR 29156 (May 11,                                                                             ■   3. Part 359 is removed and reserved.
                                                                                                      feature at: www.federalregister.gov.
                                              2016); 81 FR 74682 (October 27, 2016).                  Specifically, through the advanced                     PART 364 [Removed and Reserved]
                                              Regulatory Flexibility Act Certification                search feature at this site, you can limit
                                                 The Secretary certifies that this                    your search to documents published by                  ■   4. Part 364 is removed and reserved.
                                              regulatory action does not have a                       the Department.
                                              significant economic impact on a                        List of Subjects                                       PART 365 [Removed and Reserved]
                                              substantial number of small entities. As
                                              detailed above, this regulatory action                  34 CFR Part 350                                        ■   5. Part 365 is removed and reserved.
                                              merely removes superseded regulations                     Grant programs—education;
                                              from the CFR and imposes no costs.                      Reporting and recordkeeping                            PART 366 [Removed and Reserved]
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      requirements; Research; Vocational
                                              Paperwork Reduction Act of 1995                                                                                ■   6. Part 366 is removed and reserved.
                                                                                                      rehabilitation.
                                                This regulatory action does not                                                                              [FR Doc. 2018–00475 Filed 1–11–18; 8:45 am]
                                              contain any information collection                      34 CFR Part 356
                                                                                                                                                             BILLING CODE 4000–01–P
                                              requirements. The previously OMB-                         Grant programs—education; Human
                                              approved information collections that                   research subjects; Reporting and
                                              were contained in parts 350, 356, 364,                  recordkeeping requirements; Research;


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Document Created: 2018-10-26 09:50:23
Document Modified: 2018-10-26 09:50:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal regulations.
DatesThese regulations are effective January 12, 2018.
ContactKate Friday, U.S. Department of Education, 400 Maryland Ave. SW, Room 5104 PCP, Washington, DC 20202- 2500. Telephone: (202) 245-7605 or email: [email protected]
FR Citation83 FR 1556 
RIN Number1820-AB75 and 1820-AB76
CFR Citation34 CFR 350
34 CFR 356
34 CFR 359
34 CFR 364
34 CFR 365
34 CFR 366
CFR AssociatedGrant Programs-Education; Reporting and Recordkeeping Requirements; Research; Vocational Rehabilitation; Grant Programs-Education; Human Research Subjects; Reporting and Recordkeeping Requirements; Research; Scholarships and Fellowships; Vocational Rehabilitation; Grant Programs-Education; Research; Vocational Rehabilitation; Grant Programs-Education; Grant Programs-Social Programs; Reporting and Recordkeeping Requirements; Vocational Rehabilitation and Grant Programs-Social Programs; Reporting and Recordkeeping Requirements; Vocational Rehabilitation

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