83_FR_48021 83 FR 47837 - Outdated and Superseded Regulations-Career and Technical Education National Programs

83 FR 47837 - Outdated and Superseded Regulations-Career and Technical Education National Programs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

Page Range47837-47839
FR Document2018-20589

The Secretary removes outdated, superseded regulations for seven programs in the State Vocational and Applied Technology Education Programs and National Discretionary Programs of Vocational Education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 Issue 184 (Friday, September 21, 2018)
[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Outdated and Superseded Regulations--Career and Technical 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.

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

SUMMARY: The Secretary removes outdated, superseded regulations for 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: Hugh.Reid@ed.gov.
    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:

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



                                                                 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                                               47837

                                             DEPARTMENT OF HOMELAND                                               The drawspan will be secured in the                          ACTION:   Final regulations.
                                             SECURITY                                                          closed-to-navigation position from 9:30
                                                                                                               a.m. to 11 a.m. on October 7, 2018, to                          SUMMARY:   The Secretary removes
                                             Coast Guard                                                       allow the community to participate in                           outdated, superseded regulations for
                                                                                                               the Juvenile Diabetes Research                                  seven programs in the State Vocational
                                             33 CFR Part 117                                                   Foundation One Walk. This temporary                             and Applied Technology Education
                                             [Docket No. USCG–2018–0885]                                       deviation has been coordinated with the                         Programs and National Discretionary
                                                                                                               waterway users. No objections to the                            Programs of Vocational Education
                                             Drawbridge Operation Regulation;                                  proposed temporary deviation were                               added by a final rule in the Federal
                                             Sacramento River, Sacramento, CA                                  raised. Vessels able to pass through the                        Register on August 14, 1992 (Perkins
                                                                                                               bridge in the closed position may do so                         1992 Regulations) as authorized under
                                             AGENCY: Coast Guard, DHS.                                         at anytime. In the event of an emergency
                                             ACTION:Notice of deviation from                                                                                                   the Carl D. Perkins Vocational and
                                                                                                               the draw span can open on signal if at                          Applied Technology Act of 1990
                                             drawbridge regulation.                                            least one hour notice is given to the
                                                                                                                                                                               (Perkins II), Title IV National Programs.
                                                                                                               bridge operator. There are no immediate
                                             SUMMARY:   The Coast Guard has issued a                                                                                           These programs are no longer funded by
                                                                                                               alternate routes for vessels to pass. The
                                             temporary deviation from the operating                                                                                            the Department.
                                                                                                               Coast Guard will also inform the users
                                             schedule that governs the Tower
                                                                                                               of the waterway through our Local and                           DATES:   Effective September 21, 2018.
                                             Drawbridge across the Sacramento
                                                                                                               Broadcast Notices to Mariners of the
                                             River, mile 59.0, at Sacramento, CA. The                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                               change in the operating schedule for the
                                             deviation is necessary to allow the                                                                                               Hugh Reid, U.S. Department of
                                                                                                               bridge so that vessel operators can
                                             community to participate in the Juvenile                                                                                          Education, 400 Maryland Avenue SW,
                                                                                                               arrange their transits to minimize any
                                             Diabetes Research Foundation One                                                                                                  Room 11114 PCP, Washington, DC
                                                                                                               impact caused by the temporary
                                             Walk. This deviation allows the bridge                                                                                            20202–2500. Telephone: (202) 245–
                                                                                                               deviation.
                                             to remain in the closed-to-navigation                                In accordance with 33 CFR 117.35(e),                         7491. Email: Hugh.Reid@ed.gov.
                                             position.                                                         the drawbridge must return to its regular                          If you use a telecommunications
                                             DATES: This deviation is effective from                           operating schedule immediately at the                           device for the deaf (TDD) or a text
                                             9:30 a.m. through 11 a.m. on October 7,                           end of the effective period of this                             telephone (TTY), call the Federal Relay
                                             2018.                                                             temporary deviation. This deviation                             Service (FRS), toll free at 1–800–877–
                                             ADDRESSES: The docket for this                                    from the operating regulations is                               8339.
                                             deviation, USCG–2018–0885, is                                     authorized under 33 CFR 117.35.
                                             available at http://www.regulations.gov.                            Dated: September 17, 2018.                                    SUPPLEMENTARY INFORMATION:     On
                                             Type the docket number in the                                     Carl T. Hausner,                                                February 24, 2017, President Trump
                                             ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                              District Bridge Chief, Eleventh Coast Guard
                                                                                                                                                                               signed Executive Order 13777,
                                             Click on Open Docket Folder on the line                           District.                                                       ‘‘Enforcing the Regulatory Reform
                                             associated with this deviation.                                   [FR Doc. 2018–20579 Filed 9–20–18; 8:45 am]
                                                                                                                                                                               Agenda,’’ which established a Federal
                                             FOR FURTHER INFORMATION CONTACT: If                               BILLING CODE 9110–04–P
                                                                                                                                                                               policy ‘‘to alleviate unnecessary
                                             you have questions on this temporary                                                                                              regulatory burdens’’ on the American
                                             deviation, call or email Carl T. Hausner,                                                                                         people. Section 3(a) of the Executive
                                             Chief, Bridge Section, Eleventh Coast                             DEPARTMENT OF EDUCATION                                         Order directed each Federal agency to
                                             Guard District; telephone 510–437–                                                                                                establish a regulatory reform task force,
                                             3516, email Carl.T.Hausner@uscg.mil.                              34 CFR Parts 412, 415, 421, 425, 427,                           the duty of which is to evaluate existing
                                             SUPPLEMENTARY INFORMATION: The                                    428, and 429                                                    regulations and ‘‘make
                                             California Department of Transportation                                                                                           recommendations to the agency head
                                                                                                               RIN 1830–AA24, 1830–AA25, 1830–AA26,                            regarding their repeal, replacement, or
                                             has requested a temporary change to the                           1830–AA27, 1830–AA28, 1830–AA29, and
                                             operation of the Tower Drawbridge,                                1830–AA30                                                       modification.’’ Accordingly, the
                                             mile 59.0, over Sacramento River, at                                                                                              Secretary removes 34 CFR parts 412,
                                             Sacramento, CA. The drawbridge                                    [Docket ID ED–2018–OCTAE–0071]                                  415, 421, 425, 427, 428, and 429
                                             navigation span provides a vertical                                                                                               published in the Perkins 1992
                                                                                                               Outdated and Superseded
                                             clearance of 30 feet above Mean High                                                                                              Regulations because they are outdated
                                                                                                               Regulations—Career and Technical
                                             Water in the closed-to-navigation                                                                                                 and have been superseded. The seven
                                                                                                               Education National Programs
                                             position. The draw operates as required                                                                                           outdated and superseded programs
                                             by 33 CFR 117.189(a). Navigation on the                           AGENCY: Office of Career, Technical, and                        published in the Perkins 1992
                                             waterway is commercial and                                        Adult Education, Department of                                  Regulations authorized under Perkins II
                                             recreational.                                                     Education.                                                      were:

                                                                                                                                                                             Perkins 1992                Perkins II
                                                                                                    Programs                                                                  regulations              authorizations
                                                                                                                                                                            34 CFR part(s)               20 U.S.C.

                                             National Network for Curriculum Coordination in Vocational and Technical Education ...........                                            412   2402(c).
                                             Demonstration Centers for the Training of Dislocated Workers Program ................................                                     415   2413.
                                             Business and Education Standards Program ...........................................................................                      421   2416.
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                                             Demonstration Projects for the Integration of Vocational and Academic Learning Program ...                                                425   2420.
                                             Bilingual Vocational Training Program ......................................................................................              427   2441(a).
                                             Bilingual Vocational Instructor Training Program ......................................................................                   428   2441(b) and (d)(1), (4), (5).
                                             Bilingual Vocational Materials, Methods, and Techniques Program .........................................                               * 429   2441(c) and (d)(1), (3).




                                        VerDate Sep<11>2014      16:15 Sep 20, 2018      Jkt 244001     PO 00000     Frm 00037      Fmt 4700    Sfmt 4700     E:\FR\FM\21SER1.SGM     21SER1


                                             47838            Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

                                                The Perkins II Title IV National                     There is good cause to waive                          Executive Order 12866 and that imposes
                                             Programs focused on research and                        rulemaking in this case because this                  total costs greater than zero, it must
                                             development, demonstration programs,                    final regulatory action merely removes                identify two deregulatory actions. For
                                             vocational education and occupational                   regulations that are superseded by                    FY 2018, any new incremental costs
                                             information data systems, the national                  statute and, therefore, outdated and                  associated with a new regulation must
                                             council of vocational education, and                    unnecessary. This regulatory action                   be fully offset by the elimination of
                                             bilingual vocational training. The                      adopts no new regulations and does not                existing costs through deregulatory
                                             programs in the Perkins 1992                            establish or affect substantive policy.               actions. Because this final rule is not a
                                             Regulations aligned with the Perkins II                 Therefore, under 5 U.S.C. 553(b)(B), the              significant regulatory action, the
                                             Title IV National Programs, including                   Secretary has determined that proposed                requirement to offset new regulations in
                                             the seven programs in this notice. The                  regulations are unnecessary, and, thus,               Executive Order 13771 does not apply.
                                             Title IV National Programs of Perkins II                waives notice and comment rulemaking.                    We have also reviewed these
                                             (which authorized the programs in the                      The APA also requires that                         regulations under Executive Order
                                             Perkins 1992 Regulations), were not                     regulations be published at least 30 days             13563, which supplements and
                                             included in the Carl D. Perkins                         before their effective date, unless the               explicitly reaffirms the principles,
                                             Vocational and Technical Education Act                  agency has good cause to implement its                structures, and definitions governing
                                             of 1998 (Perkins III). Similarly, the Carl              regulations sooner (5 U.S.C. 553(d)(3)).              regulatory review established in
                                             D. Perkins Career and Technical                         Again, because the final regulations                  Executive Order 12866. To the extent
                                             Education Act of 2006 (Perkins IV) did                  merely reflect statutory changes and                  permitted by law, Executive Order
                                             not include the National Programs from                  remove outdated or unnecessary                        13563 requires that an agency—
                                             Title IV of Perkins II. Instead of                      regulatory provisions, the Secretary also                (1) Propose or adopt regulations only
                                             reauthorizing Title IV National                         has good cause to waive the 30-day                    upon a reasoned determination that
                                             Programs of Perkins II in Perkins III and               delay in the effective date of these                  their benefits justify their costs
                                             Perkins IV, section 114(c)(3) of Perkins                regulatory changes under 5 U.S.C.                     (recognizing that some benefits and
                                             III and section 114(c)(1) of Perkins IV                 553(d)(3).                                            costs are difficult to quantify);
                                             authorizes the Department to provide                                                                             (2) Tailor their regulations to impose
                                             support directly or through grants,                     Executive Orders 12866, 13563, and                    the least burden on society, consistent
                                             contracts, or cooperative agreements, for               13771                                                 with obtaining regulatory objectives and
                                             research, development, dissemination,                   Regulatory Impact Analysis                            taking into account—among other
                                             evaluation, assessment, capacity-                                                                             things, and to the extent practicable—
                                             building, and technical assistance                         Under Executive Order 12866, the                   the costs of cumulative regulations;
                                             activities aimed at improving the quality               Secretary must determine whether this                    (3) In choosing among alternative
                                             and effectiveness of career and technical               regulatory action is ‘‘significant’’ and,             regulatory approaches, select those
                                             education programs authorized under                     therefore, subject to the requirements of             approaches that maximize net benefits
                                             Perkins. Under section 114(c)(3) of                     the Executive order and subject to                    (including potential economic,
                                             Perkins III and currently under section                 review by the Office of Management and                environmental, public health and safety,
                                             114(c)(1) of Perkins IV, discretionary                  Budget (OMB). Section 3(f) of Executive               and other advantages; distributive
                                             grants are awarded on a competitive                     Order 12866 defines a ‘‘significant                   impacts; and equity);
                                             basis that includes a review of selection               regulatory action’’ as an action likely to               (4) To the extent feasible, specify
                                             criteria published in the grant award                   result in a rule that may—                            performance objectives, rather than
                                             notice inviting applications in the                        (1) Have an annual effect on the                   specifying the behavior or manner of
                                             Federal Register and evaluated by                       economy of $100 million or more, or                   compliance that regulated entities must
                                             impartial panels (see section                           adversely affect a sector of the economy,             adopt; and
                                             114(d)(2)(A) of Perkins IV). These                      productivity, competition, jobs, the                     (5) Identify and assess available
                                             requirements in Perkins III and Perkins                 environment, public health or safety, or              alternatives to direct regulation,
                                             IV have superseded the Perkins 1992                     State, local or tribal governments or                 including providing economic
                                             Regulations for the seven programs.                     communities in a material way (also                   incentives—such as user fees or
                                             Because the seven programs were not                     referred to as an ‘‘economically                      marketable permits—to encourage the
                                             included in Perkins III or Perkins IV,                  significant’’ rule);                                  desired behavior, or provide
                                             were superseded by Perkins III and IV,                     (2) Create serious inconsistency or                information that enables the public to
                                             and are no longer funded, the                           otherwise interfere with an action taken              make choices.
                                             regulations for the seven programs in 34                or planned by another agency;                            Executive Order 13563 also requires
                                             CFR parts 412, 415, 421, 425, 427, 428                     (3) Materially alter the budgetary                 an agency ‘‘to use the best available
                                             and 429 are obsolete and outdated, and                  impacts of entitlement grants, user fees,             techniques to quantify anticipated
                                             we are rescinding those regulations.                    or loan programs or the rights and                    present and future benefits and costs as
                                                                                                     obligations of recipients thereof; or                 accurately as possible.’’ The office of
                                             Waiver of Proposed Rulemaking                              (4) Raise novel legal or policy issues             Information and Regulatory Affairs of
                                               Under the Administrative Procedures                   arising out of legal mandates, the                    OMB has emphasized that these
                                             Act (5 U.S.C. 553) (APA), the                           President’s priorities, or the principles             techniques may include ‘‘identifying
                                             Department generally offers interested                  stated in the Executive order.                        changing future compliance costs that
                                             parties the opportunity to comment on                      This regulatory action is not a                    might result from technological
                                             proposed regulations. However, the                      significant regulatory action subject to              innovation or anticipated behavioral
                                             APA provides that an agency is not                      review by OMB under section 3(f) of
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                                                                                                                                                           changes.’’
                                             required to conduct notice-and-                         Executive Order 12866.                                   We are issuing this regulatory action
                                             comment rulemaking when the agency,                        Under Executive Order 13771, for                   only upon a reasoned determination
                                             for good cause, finds that the                          each new regulation that the                          that its benefits justify its costs. In
                                             requirement is impracticable,                           Department proposes for notice and                    choosing among alternative regulatory
                                             unnecessary, or contrary to the public                  comment or otherwise promulgates that                 approaches, we selected the approach
                                             interest (5 U.S.C. 553(b)(B) and (d)(3)).               is a significant regulatory action under              that maximizes net benefits. Based on


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                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                             47839

                                             the analysis that follows, the                          an accessible format (e.g., Braille, large            Reporting and recordkeeping
                                             Department believes that these                          print, audiotape, or compact disc) on                 requirements, Vocational education.
                                             regulations are consistent with the                     request to the contact person listed                    Dated: September 18, 2018.
                                             principles in Executive Order 13563.                    under FOR FURTHER INFORMATION                         Scott Stump,
                                               We also have determined that this                     CONTACT.
                                                                                                                                                           Assistant Secretary for Career, Technical, and
                                             regulatory action would not unduly                        Electronic Access to This Document:
                                                                                                                                                           Adult Education.
                                             interfere with State, local, and Tribal                 The official version of this document is
                                             governments in the exercise of their                    the document published in the Federal                   For the reasons discussed in the
                                             governmental functions.                                 Register. You may access the official                 preamble, and under the authority of
                                                                                                     edition of the Federal Register and the               section 414 of the Department of
                                             Need for the Regulatory Action                                                                                Education Organization Act, 20 U.S.C.
                                                                                                     Code of Federal Regulations via the
                                               This regulatory action is necessary to                Federal Digital System at: www.gpo.gov/               3474, and section 437 of the General
                                             comply with Executive Order 13777 and                   fdsys. At this site you can view this                 Education Provisions Act (20 U.S.C.
                                             to remove outdated and superseded                       document, as well as all other                        1221e–3) the Secretary of Education
                                             regulations from the Code of Federal                    documents of this Department                          amends chapter III of title 34 of the
                                             Regulations.                                            published in the Federal Register, in                 Code of Federal Regulations as follows:
                                             Analysis of Costs and Benefits                          text or Portable Document Format
                                                                                                     (PDF). To use PDF you must have                       PART 412—[REMOVED AND
                                               This regulatory action is a benefit to                Adobe Acrobat Reader, which is                        RESERVED]
                                             the public, grant recipients, and the                   available free at the site.
                                             Department as the action will remove                                                                          ■   1. Part 412 is removed and reserved.
                                                                                                       You may also access documents of the
                                             any confusion that might be caused by                   Department published in the Federal                   PART 415—[REMOVED AND
                                             maintaining outdated and superseded                     Register by using the article search                  RESERVED]
                                             regulations in the CFR.                                 feature at: www.federalregister.gov.
                                               The Department has also analyzed the                  Specifically, through the advanced                    ■   2. Part 415 is removed and reserved.
                                             costs of this regulatory action and has                 search feature at this site, you can limit
                                             determined that it will impose no                       your search to documents published by                 PART 421—[REMOVED AND
                                             additional costs ($0). As detailed earlier,             the Department.                                       RESERVED]
                                             this regulatory action removes outdated
                                             and superseded regulations for seven                    List of Subjects                                      ■   3. Part 421 is removed and reserved.
                                             programs.                                               34 CFR Part 412                                       PART 425—[REMOVED AND
                                             Regulatory Flexibility Act Certification                  Grant programs—education,                           RESERVED]
                                               Pursuant to 5 U.S.C. 601(2), the                      Reporting and recordkeeping
                                             Regulatory Flexibility Act applies only                 requirements, Vocational education.                   ■   4. Part 425 is removed and reserved.
                                             to rules for which an agency publishes                  34 CFR Part 415                                       PART 427—[REMOVED AND
                                             a general notice of proposed                                                                                  RESERVED]
                                                                                                       Educational facilities, Grant
                                             rulemaking. The Regulatory Flexibility
                                                                                                     programs—education, Nonprofit
                                             Act does not apply to this rulemaking                                                                         ■   5. Part 427 is removed and reserved.
                                                                                                     organizations, Reporting and
                                             because there is good cause to waive
                                                                                                     recordkeeping requirements, Vocational                PART 428—[REMOVED AND
                                             notice and comment under 5 U.S.C. 553.
                                                                                                     education.                                            RESERVED]
                                             Paperwork Reduction Act of 1995
                                                                                                     34 CFR Part 421
                                               This rule does not contain any                                                                              ■   6. Part 428 is removed and reserved.
                                                                                                       Business and industry, Grant
                                             information collection requirements.
                                                                                                     programs—education, Labor unions,                     PART 429—[REMOVED AND
                                             The previously OMB-approved
                                                                                                     Reporting and recordkeeping                           RESERVED]
                                             information collection (OMB Control
                                                                                                     requirements, Vocational education.
                                             Number 1830–0013) associated with 34                                                                          ■   7. Part 429 is removed and reserved.
                                             CFR parts 412, 415, 421, 425, 427, 428,                 34 CFR Part 425
                                                                                                                                                           [FR Doc. 2018–20589 Filed 9–20–18; 8:45 am]
                                             and 429 is no longer an active                            Business and industry, Grant
                                             information collection, was last used                                                                         BILLING CODE 4000–01–P
                                                                                                     programs—education, Labor unions,
                                             with the Application for Vocational                     Reporting and recordkeeping
                                             Education Direct Grants, and expired on                 requirements, Vocational education.
                                             March 31, 2001.                                                                                               POSTAL SERVICE
                                                                                                     34 CFR Part 427
                                             Intergovernmental Review                                                                                      39 CFR Part 111
                                                                                                       Bilingual education, Grant
                                               Some of these programs are subject to                 programs—education, Reporting and                     Changes to Validations for Intelligent
                                             Executive Order 12372 and the                           recordkeeping requirements, Vocational                Mail Package Barcode
                                             regulations in 34 CFR part 79. One of                   education.
                                             the objectives of the Executive order is                                                                      AGENCY:  Postal Service TM.
                                             to foster an intergovernmental                          34 CFR Part 428
                                                                                                                                                           ACTION: Final rule.
                                             partnership and a strengthened                            Grant programs—education,
                                             federalism. The Executive order relies                                                                        SUMMARY:   The Postal Service is
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Reporting and recordkeeping
                                             on processes developed by State and                     requirements, Teachers, Vocational                    amending Mailing Standards of the
                                             local governments for coordination and                  education.                                            United States Postal Service, Domestic
                                             review of proposed Federal financial                                                                          Mail Manual (DMM®) to add new
                                             assistance.                                             34 CFR Part 429                                       Intelligent Mail® package barcode
                                               Accessible Format: Individuals with                     Bilingual education, Education                      (IMpb) validations for evaluating
                                             disabilities can obtain this document in                research, Grant programs—education,                   compliance with IMpb requirements for


                                        VerDate Sep<11>2014   16:15 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\21SER1.SGM   21SER1



Document Created: 2018-09-21 00:23:09
Document Modified: 2018-09-21 00:23:09
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.
DatesEffective September 21, 2018.
ContactHugh Reid, U.S. Department of Education, 400 Maryland Avenue SW, Room 11114 PCP, Washington, DC 20202-2500. Telephone: (202) 245-7491. Email: [email protected]
FR Citation83 FR 47837 
RIN Number1830-AA24, 1830-AA25, 1830-AA26, 1830-AA27, 1830-AA28, 1830-AA29 and 1830-AA30
CFR Citation34 CFR 412
34 CFR 415
34 CFR 421
34 CFR 425
34 CFR 427
34 CFR 428
34 CFR 429
CFR AssociatedGrant Programs-Education; Reporting and Recordkeeping Requirements; Vocational Education; Educational Facilities; Nonprofit Organizations; Business and Industry; Labor Unions; Bilingual Education; Teachers and Education Research

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