83 FR 47837 - Outdated and Superseded Regulations-Career and Technical Education National Programs

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 184 (September 21, 2018)

The Secretary removes outdated, superseded regulations for seven programs in the State Vocational and Applied Technology Education Programs and National Discretionary Programs of Vocational Education added by a final rule in the Federal Register on August 14, 1992 (Perkins 1992 Regulations) as authorized under the Carl D. Perkins Vocational and Applied Technology Act of 1990 (Perkins II), Title IV National Programs. These programs are no longer funded by the Department.

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47837-47839]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20589]


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DEPARTMENT OF EDUCATION

34 CFR Parts 412, 415, 421, 425, 427, 428, and 429

RIN 1830-AA24, 1830-AA25, 1830-AA26, 1830-AA27, 1830-AA28, 1830-AA29, 
and 1830-AA30
[Docket ID ED-2018-OCTAE-0071]


Outdated and Superseded Regulations--Career and Technical 
Education National Programs

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Final regulations.

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SUMMARY: The Secretary removes outdated, superseded regulations for 
seven programs in the State Vocational and Applied Technology Education 
Programs and National Discretionary Programs of Vocational Education 
added by a final rule in the Federal Register on August 14, 1992 
(Perkins 1992 Regulations) as authorized under the Carl D. Perkins 
Vocational and Applied Technology Act of 1990 (Perkins II), Title IV 
National Programs. These programs are no longer funded by the 
Department.

DATES: Effective September 21, 2018.

FOR FURTHER INFORMATION CONTACT: Hugh Reid, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 11114 PCP, Washington, DC 
20202-2500. Telephone: (202) 245-7491. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: On February 24, 2017, President Trump signed 
Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' 
which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people. Section 3(a) of the 
Executive Order directed each Federal agency to establish a regulatory 
reform task force, the duty of which is to evaluate existing 
regulations and ``make recommendations to the agency head regarding 
their repeal, replacement, or modification.'' Accordingly, the 
Secretary removes 34 CFR parts 412, 415, 421, 425, 427, 428, and 429 
published in the Perkins 1992 Regulations because they are outdated and 
have been superseded. The seven outdated and superseded programs 
published in the Perkins 1992 Regulations authorized under Perkins II 
were:

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                                            Perkins 1992
                 Programs                    regulations            Perkins II  authorizations 20 U.S.C.
                                           34 CFR part(s)
----------------------------------------------------------------------------------------------------------------
National Network for Curriculum                       412  2402(c).
 Coordination in Vocational and Technical
 Education.
Demonstration Centers for the Training of             415  2413.
 Dislocated Workers Program.
Business and Education Standards Program.             421  2416.
Demonstration Projects for the                        425  2420.
 Integration of Vocational and Academic
 Learning Program.
Bilingual Vocational Training Program....             427  2441(a).
Bilingual Vocational Instructor Training              428  2441(b) and (d)(1), (4), (5).
 Program.
Bilingual Vocational Materials, Methods,            * 429  2441(c) and (d)(1), (3).
 and Techniques Program.
----------------------------------------------------------------------------------------------------------------


[[Page 47838]]

    The Perkins II Title IV National Programs focused on research and 
development, demonstration programs, vocational education and 
occupational information data systems, the national council of 
vocational education, and bilingual vocational training. The programs 
in the Perkins 1992 Regulations aligned with the Perkins II Title IV 
National Programs, including the seven programs in this notice. The 
Title IV National Programs of Perkins II (which authorized the programs 
in the Perkins 1992 Regulations), were not included in the Carl D. 
Perkins Vocational and Technical Education Act of 1998 (Perkins III). 
Similarly, the Carl D. Perkins Career and Technical Education Act of 
2006 (Perkins IV) did not include the National Programs from Title IV 
of Perkins II. Instead of reauthorizing Title IV National Programs of 
Perkins II in Perkins III and Perkins IV, section 114(c)(3) of Perkins 
III and section 114(c)(1) of Perkins IV authorizes the Department to 
provide support directly or through grants, contracts, or cooperative 
agreements, for research, development, dissemination, evaluation, 
assessment, capacity-building, and technical assistance activities 
aimed at improving the quality and effectiveness of career and 
technical education programs authorized under Perkins. Under section 
114(c)(3) of Perkins III and currently under section 114(c)(1) of 
Perkins IV, discretionary grants are awarded on a competitive basis 
that includes a review of selection criteria published in the grant 
award notice inviting applications in the Federal Register and 
evaluated by impartial panels (see section 114(d)(2)(A) of Perkins IV). 
These requirements in Perkins III and Perkins IV have superseded the 
Perkins 1992 Regulations for the seven programs. Because the seven 
programs were not included in Perkins III or Perkins IV, were 
superseded by Perkins III and IV, and are no longer funded, the 
regulations for the seven programs in 34 CFR parts 412, 415, 421, 425, 
427, 428 and 429 are obsolete and outdated, and we are rescinding those 
regulations.

Waiver of Proposed Rulemaking

    Under the Administrative Procedures Act (5 U.S.C. 553) (APA), the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, the APA provides that an 
agency is not required to conduct notice-and-comment rulemaking when 
the agency, for good cause, finds that the requirement is 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive rulemaking 
in this case because this final regulatory action merely removes 
regulations that are superseded by statute and, therefore, outdated and 
unnecessary. This regulatory action adopts no new regulations and does 
not establish or affect substantive policy. Therefore, under 5 U.S.C. 
553(b)(B), the Secretary has determined that proposed regulations are 
unnecessary, and, thus, waives notice and comment rulemaking.
    The APA also requires that regulations be published at least 30 
days before their effective date, unless the agency has good cause to 
implement its regulations sooner (5 U.S.C. 553(d)(3)). Again, because 
the final regulations merely reflect statutory changes and remove 
outdated or unnecessary regulatory provisions, the Secretary also has 
good cause to waive the 30-day delay in the effective date of these 
regulatory changes under 5 U.S.C. 553(d)(3).

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    Under Executive Order 13771, for each new regulation that the 
Department proposes for notice and comment or otherwise promulgates 
that is a significant regulatory action under Executive Order 12866 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 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

[[Page 47839]]

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 outdated and superseded regulations from the Code 
of Federal Regulations.

Analysis of Costs and Benefits

    This regulatory action is a benefit to the public, grant 
recipients, and the Department as the action will remove any confusion 
that might be caused by maintaining outdated and superseded regulations 
in the CFR.
    The Department has also analyzed the costs of this regulatory 
action and has determined that it will impose no additional costs ($0). 
As detailed earlier, this regulatory action removes outdated and 
superseded regulations for seven programs.

Regulatory Flexibility Act Certification

    Pursuant to 5 U.S.C. 601(2), the Regulatory Flexibility Act applies 
only to rules for which an agency publishes a general notice of 
proposed rulemaking. The Regulatory Flexibility Act does not apply to 
this rulemaking because there is good cause to waive notice and comment 
under 5 U.S.C. 553.

Paperwork Reduction Act of 1995

    This rule does not contain any information collection requirements. 
The previously OMB-approved information collection (OMB Control Number 
1830-0013) associated with 34 CFR parts 412, 415, 421, 425, 427, 428, 
and 429 is no longer an active information collection, was last used 
with the Application for Vocational Education Direct Grants, and 
expired on March 31, 2001.

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. 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.

List of Subjects

34 CFR Part 412

    Grant programs--education, Reporting and recordkeeping 
requirements, Vocational education.

34 CFR Part 415

    Educational facilities, Grant programs--education, Nonprofit 
organizations, Reporting and recordkeeping requirements, Vocational 
education.

34 CFR Part 421

    Business and industry, Grant programs--education, Labor unions, 
Reporting and recordkeeping requirements, Vocational education.

34 CFR Part 425

    Business and industry, Grant programs--education, Labor unions, 
Reporting and recordkeeping requirements, Vocational education.

34 CFR Part 427

    Bilingual education, Grant programs--education, Reporting and 
recordkeeping requirements, Vocational education.

34 CFR Part 428

    Grant programs--education, Reporting and recordkeeping 
requirements, Teachers, Vocational education.

34 CFR Part 429

    Bilingual education, Education research, Grant programs--education, 
Reporting and recordkeeping requirements, Vocational education.

    Dated: September 18, 2018.
Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.

    For the reasons discussed in the preamble, and under the authority 
of section 414 of the Department of Education Organization Act, 20 
U.S.C. 3474, and section 437 of the General Education Provisions Act 
(20 U.S.C. 1221e-3) the Secretary of Education amends chapter III of 
title 34 of the Code of Federal Regulations as follows:

PART 412--[REMOVED AND RESERVED]

0
1. Part 412 is removed and reserved.

PART 415--[REMOVED AND RESERVED]

0
2. Part 415 is removed and reserved.

PART 421--[REMOVED AND RESERVED]

0
3. Part 421 is removed and reserved.

PART 425--[REMOVED AND RESERVED]

0
4. Part 425 is removed and reserved.

PART 427--[REMOVED AND RESERVED]

0
5. Part 427 is removed and reserved.

PART 428--[REMOVED AND RESERVED]

0
6. Part 428 is removed and reserved.

PART 429--[REMOVED AND RESERVED]

0
7. Part 429 is removed and reserved.

[FR Doc. 2018-20589 Filed 9-20-18; 8:45 am]
 BILLING CODE 4000-01-P