FR Doc E8-28010[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Proposed Rules]
[Page 71572-71575]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no08-28]
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DEPARTMENT OF EDUCATION
34 CFR Part 385
RIN 1820-AB61
[Docket ID ED-2008-OSERS-0010]
Rehabilitation Training
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Secretary proposes to amend the regulations governing the
Rehabilitation Training Program. The amendment is needed to clarify the
membership of advisory committees for projects funded under this
program.
DATES: We must receive your comments on or before December 26, 2008.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or by e-mail. Please submit your comments only
one time, in order to ensure that we do not receive duplicate copies.
In addition, please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to http://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 This Site.''
Postal Mail, Commercial Delivery, or Hand Delivery. If you
mail or deliver your comments about the proposed regulation, address
them to Ruth Brannon, U.S. Department of Education, 400 Maryland
Avenue, SW., room 5052, Potomac Center Plaza (PCP), Washington, DC
20202-2800.
Privacy Note: The Department's policy for comments received from
members of the public (including those comments submitted by mail,
commercial delivery, or hand
[[Page 71573]]
delivery) is to make these submissions available for public viewing
in their entirety on the Federal eRulemaking Portal at
http://www.regulations.gov Therefore, commenters should be careful to
include in their comments only information that they wish to make
publicly available on the Internet.
FOR FURTHER INFORMATION CONTACT: Ruth Brannon. Telephone: (202) 245-
7278 or via Internet: ruth.brannon@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation to Comment
We invite you to submit comments regarding the proposed regulation.
We invite you to assist us in complying with the specific requirements
of Executive Order 12866 and its overall requirement of reducing
regulatory burden that might result from this proposed regulation.
Please let us know of any further opportunities we should take to
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 the proposed regulation by accessing Regulations.gov You
may also inspect the comments, in person, in room 5053, Potomac Center
Plaza, 550 12th Street, SW., Washington, DC, between the hours of 8:30
a.m. and 4 p.m., Eastern time, Monday through Friday of each week
except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for the proposed regulation. If you want to schedule
an appointment for this type of aid, please contact the person listed
under FOR FURTHER INFORMATION CONTACT.
Background
Current 34 CFR 385.40 lists members of minority groups as one of
the categories of mandatory participants on advisory committees for
projects funded under the Rehabilitation Training Program. We propose
to amend Sec. 385.40 by removing the requirement that a grantee
include members of minority groups on its project advisory committee
and adding a requirement that a grantee include individuals who are
knowledgeable about the needs of individuals with disabilities from
diverse groups, including minority groups.
These proposed changes would make 34 CFR 385.40 consistent with the
Supreme Court ruling in Adarand Constructors, Inc. v. Pena, 515 U.S.
200 (1995), in which the Court held that classifications based upon
race or national origin are consistent with equal protection
requirements of the Constitution only if they are narrowly tailored
measures that further compelling governmental interests. The Secretary
believes that current Sec. 385.40 is not consistent with the equal
protection requirements because it constitutes a quota based upon race
or national origin that is not narrowly tailored in a manner that
furthers a compelling government interest.
Thus, these proposed changes are necessary to ensure that grantees
do not select individuals to serve on project advisory committees on
the basis of their race or national origin. These changes also would
add a new requirement that project advisory committees have members who
are knowledgeable about the needs of individuals with disabilities from
diverse groups, including minority groups. This new requirement would
ensure that the committees have broader knowledge of the diverse range
of needs of individuals with disabilities.
Significant Proposed Regulations
We discuss here the substantive issues regarding the proposed
changes. Generally, we do not address proposed regulatory provisions
that are technical or otherwise minor in effect.
Section 385.40 What are the requirements pertaining to the membership
of a project advisory committee?
Statute: Section 302 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 772), authorizes the Department to provide grants to
eligible entities to increase the numbers and upgrade the skills of
qualified rehabilitation personnel. Under this authority, the
Department implements the Rehabilitation Training Program.
Current Regulation: Current Sec. 385.40 requires that, if a
project funded under 34 CFR parts 386 through 390 or part 396 (the
Rehabilitation Training Program) establishes an advisory committee, its
membership must include individuals with disabilities or parents,
family members, guardians, advocates, or other authorized
representatives of the individuals; members of minority groups;
trainees; and providers of vocational rehabilitation and independent
living rehabilitation services.
Proposed Regulation: Proposed Sec. 385.40 would remove ``members
of minority groups'' and add ``individuals who are knowledgeable about
the needs of individuals with disabilities from diverse groups,
including minority groups.''
Reasons: The proposed changes would make clear that grantees cannot
select project advisory committee members on the basis of their race or
national origin. The proposed changes also would achieve the
Department's objective for project advisory committees to include
individuals who are knowledgeable about the needs of individuals with
disabilities from diverse groups. Grantees would be able to select
individuals, including individuals who are members of minority groups,
as advisory committee members if they possess knowledge of the needs of
individuals with disabilities from diverse groups or meet one of the
other membership requirements in Sec. 385.40. By no longer
constituting a quota based upon race or national origin, this
requirement is consistent with the Adarand case and the equal
protection requirements of the Constitution.
Executive Order 12866
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 review by 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) create novel
legal or policy issues
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arising out of legal mandates, the President's priorities, or the
principles set forth in the Executive order. The Secretary has
determined that this regulatory action is not significant under the
Executive order.
1. Potential Costs and Benefits
Under Executive Order 12866, we have assessed the potential costs
and benefits of this regulatory action. The benefits accruing to the
Rehabilitation Training Program resulting from this proposed amendment
outweigh the costs of making the changes. The proposed regulation would
benefit grantees by requiring advisory committees to have members who
are knowledgeable about the needs of individuals with disabilities,
thereby making the committee a more effective advisor to the grantee.
The requirement to select committee members with knowledge of the needs
of individuals with disabilities from diverse groups would not impose a
cost the grantee would not otherwise incur in the process of creating
an advisory committee.
We have also determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
2. Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum on ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make the proposed
regulation easier to understand, including answers to questions such as
the following:
Are the requirements in the proposed regulation clearly
stated?
Does the proposed regulation contain technical terms or
other wording that interferes with its clarity?
Does the format of the proposed regulation (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
its clarity?
Would the proposed regulation be easier to understand if
we divided it into more (but shorter) sections? (A ``section'' is
preceded by the symbol ``Sec. '' and a numbered heading; for example,
Sec. 385.40.)
Could the description of the proposed regulation in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulation easier to understand? If so, how?
What else could we do to make the proposed regulation
easier to understand?
To send any comments that concern how the Department could make the
proposed regulation easier to understand, see the instructions in the
ADDRESSES section of this preamble.
Regulatory Flexibility Act Certification
The Secretary certifies that the proposed regulation would not have
a significant economic impact on a substantial number of small
entities. The proposed regulation would affect States and public or
nonprofit agencies and organizations, including Indian tribes and
institutions of higher education, that are eligible to receive funding
under the Rehabilitation Training Program. Some of these entities would
be considered small entities according to the U.S. Small Business
Administration Size Standards. However, the changes in the proposed
regulation would not have a significant economic impact on applicants
in terms of the cost of establishing a project advisory committee under
this program.
Paperwork Reduction Act of 1995
The proposed regulation does not contain any information collection
requirements.
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.
Assessment of Educational Impact
In accordance with section 441 of the General Education Provisions
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on
whether the proposed regulation would require transmission of
information that any other agency or authority of the United States
gathers or makes available.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at:
http://www.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Numbers: 84.129 Long
Term Training; 84.275 Special Programs, National Clearinghouse of
Rehabilitation Training Materials; 84.264 Rehabilitation Continuing
Education Programs; 84.160 Training of Interpreters for Deaf
Individuals; 84.265 In-Service Training; 84.246 Short Term Training;
84.263 Experimental and Innovative Training; 84.246 Special
Programs, Client Assistance Program Training; 84.315 Capacity
Building Projects for Traditionally Underserved Populations.)
List of Subjects in 34 CFR Part 385
Education, Grant programs--education, Reporting and recordkeeping
requirements, Vocational rehabilitation.
Dated: November 20, 2008.
Tracy R. Justesen,
Assistant Secretary for Special Education and Rehabilitative Services.
For the reasons discussed in the preamble, the Secretary proposes
to amend part 385 of title 34 of the Code of Federal Regulations as
follows:
PART 385--REHABILITATION TRAINING
1. The authority citation for part 385 is revised to read as
follows:
Authority: 29 U.S.C. 709(c) and 772, unless otherwise noted.
2. Section 385.40 is revised to read as follows:
Sec. 385.40 What are the requirements pertaining to the membership of
a project advisory committee?
If a project funded under 34 CFR parts 386 through 390 or 34 CFR
part 396 establishes an advisory committee, its membership must include
individuals with disabilities or parents, family members, guardians,
advocates, or other authorized representatives of the individuals;
individuals who are knowledgeable about the needs of individuals with
disabilities from diverse groups, including minority groups; trainees;
and providers of vocational rehabilitation and independent living
rehabilitation services.
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(Authority: Sec. 12(c) of the Act; 29 U.S.C. 709(c))
[FR Doc. E8-28010 Filed 11-24-08; 8:45 am]
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