Rehabilitation Training, 71572-71575 [E8-28010]
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non-full-size cribs (ASTM F 1822) was
first published in 1997. In 2002, the
standard was combined with the play
yard standard, and the current version
(ASTM F 406) was published in 2008.
This standard has many requirements,
some pertaining only to play yards, and
others that are very similar to what is in
ASTM F 1169, pertaining to rigid sided,
non-full-size cribs.
F. Solicitation of Information and
Comments
CPSC staff is interested in obtaining
information and data to help in the
possible development of a mandatory
regulation. Below, by category, is the
information requested:
Product Availability:
• Whether there is a crib design on
the market that addresses the drop-side
and hardware issues identified in
Section D above.
• Whether there is a crib concept or
patent that addresses the drop-side and
hardware issues identified in Section D
above.
Market Information:
• The U.S. market share of drop-side
cribs versus other types of cribs.
• The U.S. market share of domestic
manufacturers versus foreign
manufacturers.
• The distribution of crib sales by
manufacturer and/or retail price for both
drop-side and other cribs.
• The models and model numbers of
cribs and the annual sales figures for
each model from the time such product
was made available in the marketplace.
• The names and addresses of
manufacturers and distributors who
make and sell drop-side and other cribs.
Costs of Various Alternatives:
• The costs to manufacturers of
redesigning cribs to remove the risk of
entrapment and/or the cost of removing
these cribs from the market.
• The costs of mandating a testing
requirement, a quality control/quality
assurance program requirement, a
labeling or instructions requirement,
and/or recordkeeping requirement
(especially for small firms).
• Comparisons of the costs of
producing drop-side cribs versus any
available substitute products.
• Other information on the potential
costs of alternative rules.
Benefits of Various Alternatives:
• Comparisons of the utility to
consumers of using drop-side cribs
versus any available substitute products.
• The benefits of mandating a testing
requirement, a quality control/quality
assurance program requirement, a
labeling or instructions requirement,
and/or recordkeeping requirement.
• Other information on the potential
benefits of alternative rules.
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Small Business Impacts:
• The likelihood and nature of any
significant economic impact of a rule on
small entities.
• Alternatives the Commission
should consider, as well as the costs and
benefits of those alternatives to
minimize the burdens or costs to small
entities.
Household Data/Information:
• The estimated average expected life
of a crib and/or an estimated number of
cribs in U.S. households.
• Information or data on the primary
reasons consumers purchase and/or use
drop-side cribs versus other types of
cribs.
• Information concerning consumer
use of cribs, specifically, how long they
own them, how frequently they use
them and for what duration, and
product life (in years). Also, information
concerning the frequency of resale and/
or handing down to other consumers.
Foreign Crib Experience:
• Information concerning the types of
cribs used in other countries and how
the use pattern may be different from
that seen in the U.S.
• Injury and death data pertaining to
crib uses outside the U.S.
• Standards used by crib
manufacturers that market to non-U.S.
markets.
Incident Data:
• Other crib incident data, not
already contained in CPSC data bases,
regardless of whether the incident was
the fault of the consumer, user,
manufacturer, distributor, shipper,
retailer or assembler.
• Crib parts replacements
information. Including parts sold or
offered by the manufacturer, as potential
safety problems can often be predicted
by looking at the pattern of requests for
replacement parts for specific crib
models or lines.
• Any studies regarding injuries,
deaths, or potential injuries associated
with drop-sided vs. non-drop-sided
cribs.
Other Standards or Testing
Requirements:
• Information on other standards not
outlined in this ANPR, including test
requirements specific to a manufacturer
or retailer that should be considered for
the mandatory regulation.
• Information concerning experience
with crib standards other than the CPSC
mandatory regulations and the ASTM
standards.
Comments should be filed by e-mail
to cribsanpr@cpsc.gov. Comments also
may be filed by telefacsimile to (301)
504–0127 or mailed, preferably in five
copies, to the Office of the Secretary,
Consumer Product Safety Commission,
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4330 East West Highway, Bethesda,
Maryland 20814; telephone (301) 504–
7530. Comments should be captioned
‘‘ANPR for Options To Address Crib
Safety Hazards.’’ All comments and
submissions should be received no later
than January 26, 2009.
Dated: November 18, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E8–27753 Filed 11–24–08; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF EDUCATION
34 CFR Part 385
RIN 1820-AB61
[Docket ID ED–2008-OSERS–0010]
Rehabilitation Training
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
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
https://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
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Proposed Rules
delivery) is to make these submissions
available for public viewing in their entirety
on the Federal eRulemaking Portal at
https://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:
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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
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categories of mandatory participants on
advisory committees for projects funded
under the Rehabilitation Training
Program. We propose to amend § 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 § 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 § 385.40
requires that, if a project funded under
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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
§ 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 § 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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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Proposed Rules
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.
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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
‘‘§ ’’ and a numbered heading; for
example, § 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?
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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: https://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
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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: https://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:
§ 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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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Proposed Rules
(Authority: Sec. 12(c) of the Act; 29 U.S.C.
709(c))
[FR Doc. E8–28010 Filed 11–24–08; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[EPA–R10–OW–2008–0826; FRL–8744–8]
Ocean Dumping; Designation of Ocean
Dredged Material Disposal Sites
Offshore of the Umpqua River, OR
Environmental Protection
Agency (EPA).
ACTION: Proposed Rule.
AGENCY:
SUMMARY: EPA is withdrawing an earlier
proposal to designate an ocean dredged
material disposal site near the mouth of
the Umpqua River, Oregon, and is
proposing to designate two new ocean
dredged material disposal sites located
offshore of the Umpqua River, Oregon.
EPA’s proposed rule was published at
56 FR 49858 (October 2, 1991). Changes
since that time to the single site EPA
proposed, as well as changes to the
ocean dumping program, including
changes to the Marine Protection,
Research, and Sanctuaries Act, as
amended (MPRSA), 33 U.S.C. 1401 to
1445, give rise to EPA’s decision to
withdraw the October 2, 1991, proposal
and to propose two new sites near the
mouth of the Umpqua River. The new
sites are needed primarily to serve the
long-term need for a location to dispose
of material dredged from the Umpqua
River navigation channel, and to
provide a location for the disposal of
dredged material for persons who have
received a permit for such disposal. The
newly designated sites will be subject to
ongoing monitoring and management to
ensure continued protection of the
marine environment.
DATES: Comments on this proposed rule
must be received by December 26, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OW–2008–0826 by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail:
Freedman.Jonathan@epa.gov.
• Mail: Jonathan Freedman, U.S.
Environmental Protection Agency,
Region 10, Office of Ecosystems, Tribal
and Public Affairs (ETPA–083), Aquatic
Resources Unit, 1200 Sixth Avenue,
Suite 900, Seattle, Washington 98101.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OW–2008–
0826. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through the Web site, https://
www.regulations.gov, or through e-mail.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through the Web site, https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information
may not be publicly available, e.g., CBI
or other information whose disclosure is
71575
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
U.S. Environmental Protection Agency,
Region 10, Library, 10th Floor, 1200
Sixth Avenue, Suite 900, Seattle,
Washington 98101. For access to the
documents at the Region 10 Library,
contact the Region 10 Library Reference
Desk at (206) 553–1289, between the
hours of 9 a.m. and 11:30 a.m., and
between the hours of 1 p.m. and 4 p.m.,
Monday through Friday, excluding legal
holidays, for an appointment.
FOR FURTHER INFORMATION CONTACT:
Jonathan Freedman, U.S. Environmental
Protection Agency, Region 10, Office of
Ecosystems, Tribal and Public Affairs
(ETPA–083), Aquatic Resources Unit,
1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101, phone number:
(206) 553–0266, e-mail:
freedman.jonathan@epa.gov, or contact
Jessica Winkler, U.S. Environmental
Protection Agency, Region 10, Office of
Ecosystems, Tribal and Public Affairs
(ETPA–183), Aquatic Resources Unit,
1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101, phone number:
(206) 553–7369, e-mail:
winkler.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
1. Potentially Affected Persons
Persons potentially affected by this
proposed action include those who seek
or might seek permits or approval by
EPA to dispose of dredged material into
ocean waters pursuant to the Marine
Protection, Research, and Sanctuaries
Act, as amended (MPRSA), 33 U.S.C.
1401 to 1445. EPA’s action would be
relevant to persons, including
organizations and government bodies
seeking to dispose of dredged material
in ocean waters offshore of the Umpqua
River, Oregon. Currently, the U.S. Army
Corps of Engineers (Corps) would be
most affected by this proposed action.
Potentially affected categories and
persons include:
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Category
Examples of potentially regulated persons
Federal Government .................................................................................
U.S. Army Corps of Engineers Civil Works Projects, and other Federal
Agencies.
Port Authorities, Marinas and Harbors, Shipyards and Marine Repair
Facilities, Berth Owners.
Governments owning and/or responsible for ports, harbors, and/or
berths, Government agencies requiring disposal of dredged material
associated with public works projects.
Industry and General Public .....................................................................
State, local and tribal governments ..........................................................
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]]>Agencies
[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Proposed Rules]
[Pages 71572-71575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28010]
=======================================================================
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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.
-----------------------------------------------------------------------
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 https://
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 https://
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
[[Page 71574]]
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:
https://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: https://www.gpoaccess.gov/
nara/.
(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.
[[Page 71575]]
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 709(c))
[FR Doc. E8-28010 Filed 11-24-08; 8:45 am]
BILLING CODE 4000-01-P
