Rehabilitation Training, 71572-71575 [E8-28010]

Download as PDF 71572 Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Proposed Rules erowe on PROD1PC64 with PROPOSALS-1 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. VerDate Aug<31>2005 15:00 Nov 24, 2008 Jkt 217001 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, PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 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 E:\FR\FM\25NOP1.SGM 25NOP1 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 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: erowe on PROD1PC64 with PROPOSALS-1 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 VerDate Aug<31>2005 15:00 Nov 24, 2008 Jkt 217001 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 71573 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 E:\FR\FM\25NOP1.SGM 25NOP1 71574 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. erowe on PROD1PC64 with PROPOSALS-1 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? VerDate Aug<31>2005 15:00 Nov 24, 2008 Jkt 217001 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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: § 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. E:\FR\FM\25NOP1.SGM 25NOP1 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: • http://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 http:// 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, http:// www.regulations.gov, or through e-mail. The http://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, http:// 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 http:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the http:// 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 http:// 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: erowe on PROD1PC64 with PROPOSALS-1 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 .......................................................... VerDate Aug<31>2005 15:00 Nov 24, 2008 Jkt 217001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\25NOP1.SGM 25NOP1

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 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

[[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: 
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.


[[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