83_FR_28685 83 FR 28566 - Proposed Requirement-State Technical Assistance Projects To Improve Services and Results for Children Who Are Deaf-Blind and National Technical Assistance and Dissemination Center for Children Who Are Deaf-Blind (TA&D-DB)

83 FR 28566 - Proposed Requirement-State Technical Assistance Projects To Improve Services and Results for Children Who Are Deaf-Blind and National Technical Assistance and Dissemination Center for Children Who Are Deaf-Blind (TA&D-DB)

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range28566-28568
FR Document2018-13269

The Assistant Secretary for Special Education and Rehabilitative Services proposes a requirement under the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities (TA&D) program. The Assistant Secretary may use this requirement for a competition in fiscal year (FY) 2018 and later years.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28566-28568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13269]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2018-OSERS-0024]


Proposed Requirement--State Technical Assistance Projects To 
Improve Services and Results for Children Who Are Deaf-Blind and 
National Technical Assistance and Dissemination Center for Children Who 
Are Deaf-Blind (TA&D-DB)

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.326T.

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

ACTION: Proposed requirement.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a requirement under the Technical 
Assistance and Dissemination to Improve Services and Results for 
Children with Disabilities (TA&D) program. The Assistant Secretary may 
use this requirement for a competition in fiscal year (FY) 2018 and 
later years.

DATES: We must receive your comments on or before July 11, 2018.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to Use Regulations.gov.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this proposed requirement, address 
them to Jo Ann McCann, U.S. Department of Education, 400 Maryland 
Avenue SW, Room 5162, Potomac Center Plaza, Washington, DC 20202-5076.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Jo Ann McCann, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5162, Potomac Center Plaza, 
Washington, DC 20202-5076. Telephone: (202) 245-7434. Email: 
[email protected]. Tina Diamond, 400 Maryland Avenue SW, Room 5136, 
Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-
6674. 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: 
    Invitation to Comment: We invite you to submit comments regarding 
this document. We urge you to identify clearly the specific issue that 
each comment addresses to ensure your comments are accurately 
represented in the development of the final requirements.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 13771 and their 
overall requirement of reducing regulatory burden that might result 
from this proposed requirement. Please let us know of any further ways 
we could reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this proposed requirement by accessing Regulations.gov. 
You may also inspect the comments in person in Room 5145, 550 12th 
Street SW, Washington, DC, between 8:30 a.m. and 4:00 p.m., Eastern 
Time, Monday through Friday of each week except Federal holidays. 
Please contact the persons listed under FOR FURTHER INFORMATION 
CONTACT.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this proposed requirement. If you want to 
schedule an appointment for this type of accommodation or auxiliary 
aid, please contact the persons listed under FOR FURTHER INFORMATION 
CONTACT.
    Purpose of Program: The purpose of the Technical Assistance and 
Dissemination to Improve Services and Results for Children with 
Disabilities program is to promote academic achievement and to improve 
results for children with disabilities by providing technical 
assistance (TA), supporting model demonstration projects, disseminating 
useful information, and implementing activities that are supported by 
scientifically based research.

    Program Authority: 20 U.S.C. 1461, 1463, 1481, and 1482.

Proposed Requirement

Background

    The Individuals with Disabilities Education Act (IDEA) requires 
that the Secretary reserve $12,832,000 of IDEA Part D funds each year 
to address the needs of children with deaf-blindness (see section 
682(d)(1)(A) of IDEA, 20 U.S.C. 1482(d)). The Office of Special 
Education Programs (OSEP) supports children who are deaf-blind and 
their

[[Page 28567]]

families in part by funding the State Technical Assistance Projects to 
Improve Services and Results for Children Who Are Deaf-Blind and 
National Technical Assistance and Dissemination Center for Children Who 
Are Deaf-Blind (TA&D-DB) competition (CFDA number 84.326T). Authorized 
activities include providing TA on evidence-based practices to 
professionals and others involved in providing services that promote 
academic achievement and improve results for children who are deaf-
blind. For purposes of this document, the term ``children who are deaf-
blind'' refers to infants, toddlers, children, youth, and young adults 
(birth through 21) who are deaf-blind.
    To ensure that children who are deaf-blind and their families 
receive appropriate supports to address their specific needs, we 
propose a requirement that would limit the recovery of indirect costs 
by State Technical Assistance Projects to Improve Services and Results 
for Children Who Are Deaf-Blind (CFDA number 84.326T) grantees under 
this grant competition. The National Technical Assistance and 
Dissemination Center for Children Who Are Deaf-Blind (CFDA number 
84.326T) (National Center) would not be subject to this limitation on 
recovery of indirect costs. The National Center's burden for indirect 
costs is different from the burden for State Technical Assistance 
Projects because the National Center does not provide TA directly to 
professionals who serve deaf-blind children.
    The purpose of this requirement is to ensure that more Federal 
funding flows through to meet the needs of children who are deaf-blind. 
We are proposing this requirement based on 2 CFR 200.414(c)(1), which 
allows a Federal awarding agency to use an indirect cost rate different 
from the negotiated rate when required by Federal statute or 
regulation. Federal discretionary grantees have historically been 
reimbursed for indirect costs at the rate that the grantee has 
negotiated with its cognizant agency, and we believe that use of the 
negotiated rate is appropriate for most grants in most circumstances. 
However, grantees under the State Technical Assistance Projects to 
Improve Services and Results for Children Who Are Deaf-Blind program 
(CFDA number 84.326T), provide TA to professionals and others who 
provide direct services to children who are deaf-blind. Therefore, we 
believe most of these grants do not carry the same burden of overhead 
or administrative costs as do many other federally funded projects.
    We analyzed historical grantee data for grants previously awarded 
under CFDA number 84.326T and found a wide range of indirect cost rate 
agreements in place. Over the past five years, indirect cost rate 
agreements for grantees under CFDA number 84.326T have ranged from 0 
percent to 65 percent, with a median of 9 percent for 49 grantees 
examined. However, our analysis indicates that 28 grantees--
approximately 60 percent--currently funded under this program operate 
grants with an indirect cost rate of 10 percent or less. Because a 
majority of current grantees are able to run programs using 90 percent 
or more of their grant funds to provide direct services, we believe it 
is reasonable to set a cap of 10 percent on the indirect costs for 
future grantees.

Proposed Requirement

Allowable Indirect Costs

    A grantee may recover the lesser of (a) its actual indirect costs 
as determined by the grantee's negotiated indirect cost rate agreement 
and (b) 10 percent of its modified total direct costs. If a grantee's 
allocable indirect costs exceed 10 percent of its modified total direct 
costs, the grantee may not recoup the excess by shifting the cost to 
other grants or contracts with the U.S. Government, unless specifically 
authorized by legislation. The grantee must use non-Federal revenue 
sources to pay for such unrecovered costs.

Directed Question

    The Department seeks additional comment on this question: If the 
Department required grantees to justify all indirect costs that exceed 
10 percent, what circumstances could justify higher indirect costs? The 
Department is seeking comment on the circumstances that grantees may 
encounter that could result in indirect costs that exceed 10 percent.

Final Requirement

    We will announce the final requirement for the State Technical 
Assistance Projects to Improve Services and Results for Children Who 
Are Deaf-Blind and National Technical Assistance and Dissemination 
Center for Children Who Are Deaf-Blind (TA&D-DB) competition (CFDA 
Number: 84.326T) in a document in the Federal Register. We will 
determine the final requirement after considering public comments on 
the proposed requirement and other information available to the 
Department. This document does not preclude us from proposing 
additional priorities, requirements, definitions, or selection 
criteria, subject to meeting applicable rulemaking requirements.
    This document does not solicit applications. In any year in which 
we choose to use this proposed requirement, we invite applications 
through a notice in the Federal Register.

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 proposed 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 Fiscal Year 2018, any new incremental costs 
associated with a new regulation must be fully offset by the 
elimination of existing costs through deregulatory actions. However, 
Executive Order 13771 does not apply to ``transfer rules'' that cause 
only income transfers between taxpayers and program beneficiaries, such 
as those regarding discretionary grant programs. The proposed 
requirement would be utilized in connection with a discretionary grant 
program and, therefore, Executive Order 13771 is not applicable.

[[Page 28568]]

    We have also reviewed this proposed regulatory action 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 its 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 the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including 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 proposed requirement based on a reasoned 
determination that the benefits would justify the costs. In choosing 
among alternative regulatory approaches, we selected this approach to 
maximize net benefits. Based on the analysis that follows, the 
Department believes that this regulatory action is 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.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. This regulatory action may 
result in a subset of grantees under this program recovering less funds 
for indirect costs than they would otherwise have recovered prior to 
this proposed new maximum indirect cost rate, which could impact their 
operations. Further, it could result in particular entities not seeking 
funding under this program because of an inability to operate under 
this proposed new maximum indirect cost rate. However, we believe that 
the benefits to program beneficiaries of utilizing a higher percentage 
of program funds for direct services outweigh these costs.

Paperwork Reduction Act of 1995

    This document does not contain Paperwork Reduction Act 
requirements. The Technical Assistance and Dissemination to Improve 
Services and Results for Children with Disabilities program has been 
approved by OMB to collect data under OMB 1820-0028. The proposed 
requirement would not impact the approved and active data collection.
    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 program contact persons 
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 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.

    Dated: June 15, 2018.
Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2018-13269 Filed 6-19-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                  28566                 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules

                                                  three Components may not at any time                    Dissemination to Improve Services and                  comments are accurately represented in
                                                  exceed three percent of the aggregate of:               Results for Children with Disabilities                 the development of the final
                                                     (i) The amounts received under a                     (TA&D) program. The Assistant                          requirements.
                                                  Component by a recipient, beginning                     Secretary may use this requirement for                    We invite you to assist us in
                                                  with the first grant through the most                   a competition in fiscal year (FY) 2018                 complying with the specific
                                                  recent grant; and                                       and later years.                                       requirements of Executive Orders
                                                     (ii) The amounts in the Trust Fund                   DATES: We must receive your comments                   12866, 13563, and 13771 and their
                                                  that are allocated to, but not yet                      on or before July 11, 2018.                            overall requirement of reducing
                                                  received under such Component by a                      ADDRESSES: Submit your comments                        regulatory burden that might result from
                                                  Gulf Coast State, coastal political                     through the Federal eRulemaking Portal                 this proposed requirement. Please let us
                                                  subdivision, or coastal zone parish                     or via postal mail, commercial delivery,               know of any further ways we could
                                                  under § 34.103, consistent with the                     or hand delivery. We will not accept                   reduce potential costs or increase
                                                  definition of administrative costs in                   comments submitted by fax or by email                  potential benefits while preserving the
                                                  § 34.2. The three percent limit does not                or those submitted after the comment                   effective and efficient administration of
                                                  apply to the administrative costs of                    period. To ensure that we do not receive               the program.
                                                  subrecipients. All recipient and                        duplicate copies, please submit your                      During and after the comment period,
                                                  subrecipient costs are subject to the cost              comments only once. In addition, please                you may inspect all public comments
                                                  principles in Federal laws and policies                 include the Docket ID at the top of your               about this proposed requirement by
                                                  on grants.                                              comments.                                              accessing Regulations.gov. You may also
                                                     (2) Treasury will conduct a                             • Federal eRulemaking Portal: Go to                 inspect the comments in person in
                                                  retrospective analysis of this provision                www.regulations.gov to submit your                     Room 5145, 550 12th Street SW,
                                                  no later than seven years after the date                comments electronically. Information                   Washington, DC, between 8:30 a.m. and
                                                  it becomes effective. This review will                  on using Regulations.gov, including                    4:00 p.m., Eastern Time, Monday
                                                  consider whether the revision ensures                   instructions for accessing agency                      through Friday of each week except
                                                  that the Gulf Coast states, coastal                     documents, submitting comments, and                    Federal holidays. Please contact the
                                                  political subdivisions, and coastal zone                viewing the docket, is available on the                persons listed under FOR FURTHER
                                                  parishes have the necessary funding to                  site under ‘‘How to Use                                INFORMATION CONTACT.
                                                  efficiently and effectively oversee and                 Regulations.gov.’’                                        Assistance to Individuals with
                                                  manage projects and programs for                           • Postal Mail, Commercial Delivery,                 Disabilities in Reviewing the
                                                  ecological and economic restoration of                  or Hand Delivery: If you mail or deliver               Rulemaking Record: On request, we will
                                                  the Gulf Coast Region while ensuring                    your comments about this proposed                      provide an appropriate accommodation
                                                  compliance with the statutory three                     requirement, address them to Jo Ann                    or auxiliary aid to an individual with a
                                                  percent administrative cost cap, and                    McCann, U.S. Department of Education,                  disability who needs assistance to
                                                  whether it helps them to administer                     400 Maryland Avenue SW, Room 5162,                     review the comments or other
                                                  RESTORE grant projects effectively and                  Potomac Center Plaza, Washington, DC                   documents in the public rulemaking
                                                  efficiently.                                            20202–5076.                                            record for this proposed requirement. If
                                                  *       *    *    *     *                                  Privacy Note: The Department’s                      you want to schedule an appointment
                                                                                                          policy is to make all comments received                for this type of accommodation or
                                                  David A. Lebryk,                                        from members of the public available for               auxiliary aid, please contact the persons
                                                  Fiscal Assistant Secretary.                             public viewing in their entirety on the                listed under FOR FURTHER INFORMATION
                                                  [FR Doc. 2018–13227 Filed 6–19–18; 8:45 am]             Federal eRulemaking Portal at                          CONTACT.
                                                  BILLING CODE 4810–25–P                                  www.regulations.gov. Therefore,                           Purpose of Program: The purpose of
                                                                                                          commenters should be careful to                        the Technical Assistance and
                                                                                                          include in their comments only                         Dissemination to Improve Services and
                                                                                                          information that they wish to make                     Results for Children with Disabilities
                                                  DEPARTMENT OF EDUCATION
                                                                                                          publicly available.                                    program is to promote academic
                                                  34 CFR Chapter III                                      FOR FURTHER INFORMATION CONTACT: Jo                    achievement and to improve results for
                                                                                                          Ann McCann, U.S. Department of                         children with disabilities by providing
                                                  [Docket ID ED–2018–OSERS–0024]                                                                                 technical assistance (TA), supporting
                                                                                                          Education, 400 Maryland Avenue SW,
                                                                                                          Room 5162, Potomac Center Plaza,                       model demonstration projects,
                                                  Proposed Requirement—State                                                                                     disseminating useful information, and
                                                  Technical Assistance Projects To                        Washington, DC 20202–5076.
                                                                                                          Telephone: (202) 245–7434. Email:                      implementing activities that are
                                                  Improve Services and Results for                                                                               supported by scientifically based
                                                  Children Who Are Deaf-Blind and                         Jo.Ann.McCann@ed.gov. Tina Diamond,
                                                                                                          400 Maryland Avenue SW, Room 5136,                     research.
                                                  National Technical Assistance and
                                                  Dissemination Center for Children Who                   Potomac Center Plaza, Washington, DC                     Program Authority: 20 U.S.C. 1461, 1463,
                                                                                                          20202–5076. Telephone: (202) 245–                      1481, and 1482.
                                                  Are Deaf-Blind (TA&D–DB)
                                                                                                          6674. Email: Tina.Diamond@ed.gov.                      Proposed Requirement
                                                    Catalog of Federal Domestic                              If you use a telecommunications
                                                  Assistance (CFDA) Number: 84.326T.                      device for the deaf (TDD) or a text                    Background
                                                  AGENCY: Office of Special Education and                 telephone (TTY), call the Federal Relay                  The Individuals with Disabilities
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Rehabilitative Services, Department of                  Service (FRS), toll free, at 1–800–877–                Education Act (IDEA) requires that the
                                                  Education.                                              8339.                                                  Secretary reserve $12,832,000 of IDEA
                                                  ACTION: Proposed requirement.                           SUPPLEMENTARY INFORMATION:                             Part D funds each year to address the
                                                                                                             Invitation to Comment: We invite you                needs of children with deaf-blindness
                                                  SUMMARY:  The Assistant Secretary for                   to submit comments regarding this                      (see section 682(d)(1)(A) of IDEA, 20
                                                  Special Education and Rehabilitative                    document. We urge you to identify                      U.S.C. 1482(d)). The Office of Special
                                                  Services proposes a requirement under                   clearly the specific issue that each                   Education Programs (OSEP) supports
                                                  the Technical Assistance and                            comment addresses to ensure your                       children who are deaf-blind and their


                                             VerDate Sep<11>2014   16:51 Jun 19, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\20JNP1.SGM   20JNP1


                                                                        Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules                                            28567

                                                  families in part by funding the State                   costs as do many other federally funded                preclude us from proposing additional
                                                  Technical Assistance Projects to                        projects.                                              priorities, requirements, definitions, or
                                                  Improve Services and Results for                          We analyzed historical grantee data                  selection criteria, subject to meeting
                                                  Children Who Are Deaf-Blind and                         for grants previously awarded under                    applicable rulemaking requirements.
                                                  National Technical Assistance and                       CFDA number 84.326T and found a                          This document does not solicit
                                                  Dissemination Center for Children Who                   wide range of indirect cost rate                       applications. In any year in which we
                                                  Are Deaf-Blind (TA&D–DB) competition                    agreements in place. Over the past five                choose to use this proposed
                                                  (CFDA number 84.326T). Authorized                       years, indirect cost rate agreements for               requirement, we invite applications
                                                  activities include providing TA on                      grantees under CFDA number 84.326T                     through a notice in the Federal Register.
                                                  evidence-based practices to                             have ranged from 0 percent to 65                       Executive Orders 12866, 13563, and
                                                  professionals and others involved in                    percent, with a median of 9 percent for                13771
                                                  providing services that promote                         49 grantees examined. However, our
                                                  academic achievement and improve                        analysis indicates that 28 grantees—                   Regulatory Impact Analysis
                                                  results for children who are deaf-blind.                approximately 60 percent—currently                        Under Executive Order 12866, the
                                                  For purposes of this document, the term                 funded under this program operate                      Secretary must determine whether this
                                                  ‘‘children who are deaf-blind’’ refers to               grants with an indirect cost rate of 10                regulatory action is ‘‘significant’’ and,
                                                  infants, toddlers, children, youth, and                 percent or less. Because a majority of                 therefore, subject to the requirements of
                                                  young adults (birth through 21) who are                 current grantees are able to run                       the Executive order and subject to
                                                  deaf-blind.                                             programs using 90 percent or more of                   review by the Office of Management and
                                                     To ensure that children who are deaf-                their grant funds to provide direct                    Budget (OMB). Section 3(f) of Executive
                                                  blind and their families receive                        services, we believe it is reasonable to               Order 12866 defines a ‘‘significant
                                                  appropriate supports to address their                   set a cap of 10 percent on the indirect                regulatory action’’ as an action likely to
                                                  specific needs, we propose a                            costs for future grantees.                             result in a rule that may—
                                                  requirement that would limit the                                                                                  (1) Have an annual effect on the
                                                                                                          Proposed Requirement                                   economy of $100 million or more, or
                                                  recovery of indirect costs by State
                                                  Technical Assistance Projects to                        Allowable Indirect Costs                               adversely affect a sector of the economy,
                                                  Improve Services and Results for                                                                               productivity, competition, jobs, the
                                                                                                             A grantee may recover the lesser of (a)
                                                  Children Who Are Deaf-Blind (CFDA                                                                              environment, public health or safety, or
                                                                                                          its actual indirect costs as determined
                                                  number 84.326T) grantees under this                                                                            State, local or Tribal governments or
                                                                                                          by the grantee’s negotiated indirect cost
                                                  grant competition. The National                                                                                communities in a material way (also
                                                                                                          rate agreement and (b) 10 percent of its
                                                  Technical Assistance and Dissemination                                                                         referred to as an ‘‘economically
                                                                                                          modified total direct costs. If a grantee’s
                                                  Center for Children Who Are Deaf-Blind                                                                         significant’’ rule);
                                                                                                          allocable indirect costs exceed 10                        (2) Create serious inconsistency or
                                                  (CFDA number 84.326T) (National                         percent of its modified total direct costs,
                                                  Center) would not be subject to this                                                                           otherwise interfere with an action taken
                                                                                                          the grantee may not recoup the excess                  or planned by another agency;
                                                  limitation on recovery of indirect costs.               by shifting the cost to other grants or
                                                  The National Center’s burden for                                                                                  (3) Materially alter the budgetary
                                                                                                          contracts with the U.S. Government,                    impacts of entitlement grants, user fees,
                                                  indirect costs is different from the                    unless specifically authorized by
                                                  burden for State Technical Assistance                                                                          or loan programs or the rights and
                                                                                                          legislation. The grantee must use non-                 obligations of recipients thereof; or
                                                  Projects because the National Center                    Federal revenue sources to pay for such                   (4) Raise novel legal or policy issues
                                                  does not provide TA directly to                         unrecovered costs.                                     arising out of legal mandates, the
                                                  professionals who serve deaf-blind
                                                                                                          Directed Question                                      President’s priorities, or the principles
                                                  children.                                                                                                      stated in the Executive order.
                                                     The purpose of this requirement is to                   The Department seeks additional                        This proposed regulatory action is not
                                                  ensure that more Federal funding flows                  comment on this question: If the                       a significant regulatory action subject to
                                                  through to meet the needs of children                   Department required grantees to justify                review by OMB under section 3(f) of
                                                  who are deaf-blind. We are proposing                    all indirect costs that exceed 10 percent,             Executive Order 12866.
                                                  this requirement based on 2 CFR                         what circumstances could justify higher                   Under Executive Order 13771, for
                                                  200.414(c)(1), which allows a Federal                   indirect costs? The Department is                      each new regulation that the
                                                  awarding agency to use an indirect cost                 seeking comment on the circumstances                   Department proposes for notice and
                                                  rate different from the negotiated rate                 that grantees may encounter that could                 comment or otherwise promulgates that
                                                  when required by Federal statute or                     result in indirect costs that exceed 10                is a significant regulatory action under
                                                  regulation. Federal discretionary                       percent.                                               Executive Order 12866 and that imposes
                                                  grantees have historically been                                                                                total costs greater than zero, it must
                                                  reimbursed for indirect costs at the rate               Final Requirement
                                                                                                                                                                 identify two deregulatory actions. For
                                                  that the grantee has negotiated with its                  We will announce the final                           Fiscal Year 2018, any new incremental
                                                  cognizant agency, and we believe that                   requirement for the State Technical                    costs associated with a new regulation
                                                  use of the negotiated rate is appropriate               Assistance Projects to Improve Services                must be fully offset by the elimination
                                                  for most grants in most circumstances.                  and Results for Children Who Are Deaf-                 of existing costs through deregulatory
                                                  However, grantees under the State                       Blind and National Technical                           actions. However, Executive Order
                                                  Technical Assistance Projects to                        Assistance and Dissemination Center for                13771 does not apply to ‘‘transfer rules’’
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                                                  Improve Services and Results for                        Children Who Are Deaf-Blind (TA&D–                     that cause only income transfers
                                                  Children Who Are Deaf-Blind program                     DB) competition (CFDA Number:                          between taxpayers and program
                                                  (CFDA number 84.326T), provide TA to                    84.326T) in a document in the Federal                  beneficiaries, such as those regarding
                                                  professionals and others who provide                    Register. We will determine the final                  discretionary grant programs. The
                                                  direct services to children who are deaf-               requirement after considering public                   proposed requirement would be utilized
                                                  blind. Therefore, we believe most of                    comments on the proposed requirement                   in connection with a discretionary grant
                                                  these grants do not carry the same                      and other information available to the                 program and, therefore, Executive Order
                                                  burden of overhead or administrative                    Department. This document does not                     13771 is not applicable.


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                                                  28568                 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules

                                                     We have also reviewed this proposed                  regulatory action. This regulatory action              your search to documents published by
                                                  regulatory action under Executive Order                 may result in a subset of grantees under               the Department.
                                                  13563, which supplements and                            this program recovering less funds for                   Dated: June 15, 2018.
                                                  explicitly reaffirms the principles,                    indirect costs than they would                         Johnny W. Collett,
                                                  structures, and definitions governing                   otherwise have recovered prior to this
                                                                                                                                                                 Assistant Secretary for Special Education and
                                                  regulatory review established in                        proposed new maximum indirect cost
                                                                                                                                                                 Rehabilitative Services.
                                                  Executive Order 12866. To the extent                    rate, which could impact their
                                                                                                                                                                 [FR Doc. 2018–13269 Filed 6–19–18; 8:45 am]
                                                  permitted by law, Executive Order                       operations. Further, it could result in
                                                                                                                                                                 BILLING CODE 4000–01–P
                                                  13563 requires that an agency—                          particular entities not seeking funding
                                                     (1) Propose or adopt regulations only                under this program because of an
                                                  upon a reasoned determination that                      inability to operate under this proposed
                                                  their benefits justify their costs                      new maximum indirect cost rate.                        ENVIRONMENTAL PROTECTION
                                                  (recognizing that some benefits and                     However, we believe that the benefits to               AGENCY
                                                  costs are difficult to quantify);                       program beneficiaries of utilizing a
                                                     (2) Tailor its regulations to impose the             higher percentage of program funds for                 40 CFR Part 52
                                                  least burden on society, consistent with                direct services outweigh these costs.                  [EPA–R04–OAR–2017–0542; FRL–9979–
                                                  obtaining regulatory objectives and                                                                            65—Region 4]
                                                  taking into account—among other things                  Paperwork Reduction Act of 1995
                                                  and to the extent practicable—the costs                    This document does not contain                      Air Plan Approval; Tennessee: Knox
                                                  of cumulative regulations;                              Paperwork Reduction Act requirements.                  County NSR Reform
                                                     (3) In choosing among alternative                    The Technical Assistance and
                                                                                                                                                                 AGENCY:  Environmental Protection
                                                  regulatory approaches, select those                     Dissemination to Improve Services and
                                                                                                                                                                 Agency.
                                                  approaches that maximize net benefits                   Results for Children with Disabilities
                                                                                                          program has been approved by OMB to                    ACTION: Proposed rule.
                                                  (including potential economic,
                                                  environmental, public health and safety,                collect data under OMB 1820–0028. The                  SUMMARY:   The Environmental Protection
                                                  and other advantages; distributive                      proposed requirement would not impact                  Agency (EPA) is proposing to approve
                                                  impacts; and equity);                                   the approved and active data collection.               several Tennessee State Implementation
                                                     (4) To the extent feasible, specify                     Intergovernmental Review: This
                                                                                                                                                                 Plan (SIP) revisions submitted by the
                                                  performance objectives, rather than the                 program is subject to Executive Order
                                                                                                                                                                 Tennessee Department of Environment
                                                  behavior or manner of compliance a                      12372 and the regulations in 34 CFR
                                                                                                                                                                 & Conservation (TDEC), on behalf of
                                                  regulated entity must adopt; and                        part 79. One of the objectives of the
                                                                                                                                                                 Knox County’s Air Quality Management
                                                     (5) Identify and assess available                    Executive order is to foster an
                                                                                                                                                                 Division, on March 7, 2017, and April
                                                  alternatives to direct regulation,                      intergovernmental partnership and a
                                                                                                                                                                 17, 2017. The SIP revisions modify the
                                                  including economic incentives—such as                   strengthened federalism. The Executive
                                                                                                                                                                 Prevention of Significant Deterioration
                                                  user fees or marketable permits—to                      order relies on processes developed by
                                                                                                                                                                 (PSD) and Nonattainment New Source
                                                  encourage the desired behavior, or                      State and local governments for
                                                                                                                                                                 Review (NNSR) regulations in the Knox
                                                  provide information that enables the                    coordination and review of proposed
                                                                                                                                                                 County portion of the Tennessee SIP to
                                                  public to make choices.                                 Federal financial assistance. This
                                                                                                                                                                 address changes to the federal new
                                                     Executive Order 13563 also requires                  document provides early notification of
                                                                                                                                                                 source review (NSR) regulations in
                                                  an agency ‘‘to use the best available                   our specific plans and actions for this
                                                                                                                                                                 recent years for the implementation of
                                                  techniques to quantify anticipated                      program.
                                                                                                             Accessible Format: Individuals with                 the national ambient air quality
                                                  present and future benefits and costs as
                                                                                                          disabilities can obtain this document in               standards (NAAQS). Additionally, the
                                                  accurately as possible.’’ The Office of
                                                                                                          an accessible format (e.g., Braille, large             SIP revisions include updates to Knox
                                                  Information and Regulatory Affairs of
                                                                                                          print, audiotape, or compact disc) on                  County’s minor source permitting
                                                  OMB has emphasized that these
                                                                                                          request to the program contact persons                 regulations. This action is being
                                                  techniques may include ‘‘identifying
                                                                                                          listed under FOR FURTHER INFORMATION                   proposed pursuant to the Clean Air Act
                                                  changing future compliance costs that
                                                                                                          CONTACT.
                                                                                                                                                                 (CAA or Act).
                                                  might result from technological
                                                  innovation or anticipated behavioral                       Electronic Access to This Document:                 DATES: Comments must be received on
                                                  changes.’’                                              The official version of this document is               or before July 20, 2018.
                                                     We are issuing this proposed                         the document published in the Federal                  ADDRESSES: Submit your comments,
                                                  requirement based on a reasoned                         Register. You may access the official                  identified by Docket ID No. FDMS
                                                  determination that the benefits would                   edition of the Federal Register and the                Docket ID Number EPA–R04–OAR–
                                                  justify the costs. In choosing among                    Code of Federal Regulations via the                    2017–0542 at http://
                                                  alternative regulatory approaches, we                   Federal Digital System at: www.gpo.gov/                www.regulations.gov. Follow the online
                                                  selected this approach to maximize net                  fdsys. At this site you can view this                  instructions for submitting comments.
                                                  benefits. Based on the analysis that                    document, as well as all other                         Once submitted, comments cannot be
                                                  follows, the Department believes that                   documents of this Department                           edited or removed from Regulations.gov.
                                                  this regulatory action is consistent with               published in the Federal Register, in                  EPA may publish any comment received
                                                  the principles in Executive Order 13563.                text or Portable Document Format                       to its public docket. Do not submit
                                                     We also have determined that this                    (PDF). To use PDF you must have                        electronically any information you
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  regulatory action would not unduly                      Adobe Acrobat Reader, which is                         consider to be Confidential Business
                                                  interfere with State, local, and Tribal                 available free at the site.                            Information (CBI) or other information
                                                  governments in the exercise of their                       You may also access documents of the                whose disclosure is restricted by statute.
                                                  governmental functions.                                 Department published in the Federal                    Multimedia submissions (audio, video,
                                                     In accordance with both Executive                    Register by using the article search                   etc.) must be accompanied by a written
                                                  orders, the Department has assessed the                 feature at: www.federalregister.gov.                   comment. The written comment is
                                                  potential costs and benefits, both                      Specifically, through the advanced                     considered the official comment and
                                                  quantitative and qualitative, of this                   search feature at this site, you can limit             should include discussion of all points


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Document Created: 2018-06-20 00:19:58
Document Modified: 2018-06-20 00:19:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed requirement.
DatesWe must receive your comments on or before July 11, 2018.
ContactJo Ann McCann, U.S. Department of Education, 400 Maryland Avenue SW, Room 5162, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-7434. Email: [email protected] Tina Diamond, 400 Maryland Avenue SW, Room 5136, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245- 6674. Email: [email protected]
FR Citation83 FR 28566 

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