American Indian Vocational Rehabilitation Services Program; Proposed Waivers and Extensions of the Project Periods, 34962-34964 [2013-13848]
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34962
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska to the extent that it justifies
making a regulatory distinction; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
2010 (ASB). Inspect the hatched area as
depicted in Details B, C, and D of Figure 2
of the ASB. A high-resolution (more than 2
million pixels) digital camera or dyepenetrant inspection may be used to facilitate
the crack inspection.
(ii) If there is a crack in any fitting, before
further flight, remove all four fittings from
service.
(2) Within 180 hours TIS, remove the
fittings from service.
(3) Do not install lower front fitting P/N
365A23–4240–01, upper front fitting P/N
365A23–4242–01, lower rear fitting P/N
365A23–4241–01, and upper rear fitting P/N
365A23–4243–01 on any helicopter.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(e) Credit for Actions Previously Completed
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Inspections accomplished before the
effective date of this AD in accordance with
the procedures specified in Eurocopter
Emergency Alert Service Bulletin No.
05A017, Revision 2, dated December 9, 2010;
Revision 1, dated January 27, 2010; and
Revision 0, dated September 28, 2007, are
considered acceptable for compliance with
the inspection specified in paragraph (d)(1)
of this AD.
PART 39—AIRWORTHINESS
DIRECTIVES
(f) Special flight permits
1. The authority citation for part 39
continues to read as follows:
(g) Alternative Methods of Compliance
(AMOCs)
Special flight permits will not be issued.
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Eurocopter France: Docket No. FAA–2013–
0501; Directorate Identifier 2011–SW–
036–AD.
(a) Applicability
This AD applies to Model EC 155B and
EC155B1 helicopters with lower front fitting
part number (P/N) 365A23–4240–01, upper
front fitting P/N 365A23–4242–01, lower rear
fitting P/N 365A23–4241–01, or upper rear
fitting P/N 365A23–4243–01 (fittings)
installed, certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as a
crack in a fitting. This condition could result
in loss of the upper fin during flight and
subsequent loss of control of the helicopter.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
(c) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time.
(d) Required Actions
(1) Within 15 hours time-in-service (TIS)
and thereafter at intervals not to exceed 55
hours TIS:
(i) Using an appropriate light source and a
10x or higher power magnifying glass,
inspect each front (c) and rear (d) upper
fitting and each front (e) and rear (f) lower
fitting for a crack as depicted in Figure 1 of
Eurocopter Emergency Alert Service Bulletin
No. 05A017, Revision 2, dated December 9,
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(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Robert Grant,
Aviation Safety Engineer, Safety Management
Group, FAA, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone 817–222–
5110; email robert.grant@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(h) Additional Information
(1) Eurocopter Service Bulletin No. 53–029,
Revision 1, dated March 10, 2011, which is
not incorporated by reference, contains
additional information about the subject of
this AD. For service information identified in
this AD, contact American Eurocopter
Corporation, 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone (972) 641–0000
or (800) 232–0323; fax (972) 641–3775; or at
https://www.eurocopter.com/techpub. You
may review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
(2) The subject of this AD is addressed in
European Aviation Safety Agency AD No.
2011–0108, dated June 7, 2011.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 5530 Vertical Stabilizer Structure.
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Issued in Fort Worth, Texas, on June 3,
2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2013–13799 Filed 6–10–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF EDUCATION
34 CFR Part 75 and Chapter III
[CFDA Number: 84.250C and 84.250D]
American Indian Vocational
Rehabilitation Services Program;
Proposed Waivers and Extensions of
the Project Periods
Rehabilitation Services
Administration, Office of Special
Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed waivers and
extensions of project periods.
AGENCY:
SUMMARY: These proposed waivers and
extensions of project periods would
affect two sets of grantees under the
American Indian Vocational
Rehabilitation Services (AIVRS)
Program in the Rehabilitation Services
Administration (RSA): eight grantees
with 60-month projects initially funded
in fiscal year (FY) 2007 (72 FR 11851)
and twenty-four grantees with 60-month
projects initially funded in FY 2008 (73
FR 6491). For FY 2013, the Secretary
proposes to waive the regulations that
generally limit project periods to 60
months and that restrict project period
extensions involving the obligation of
additional Federal funds. The Secretary
proposes these actions in order to
extend the 60-month projects for the
grants initially funded in FY 2007 for a
seventh year, and the grants initially
funded in FY 2008 for a sixth year. The
32 AIVRS grants would be extended
through September 30, 2014.
The proposed waivers and extensions
would enable the 32 grantees to request
funds and continue to receive Federal
funding beyond September 30, 2013,
when the project period ends. The
grantees must meet all of the AIVRS
program and other applicable
requirements while receiving funds
under this program. Further, if the
proposed waivers and extensions are
made final, RSA would not announce a
new competition in FY 2013 or make
new awards in FY 2013.
DATES: We must receive your comments
on or before July 11, 2013.
ADDRESSES: Submit all comments on
this notice to August Martin, U.S.
Department of Education, 400 Maryland
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules
Avenue SW., room 5049, Potomac
Center Plaza (PCP), Washington, DC
20202–2800.
If you prefer to send your comments
by email, use the following address:
august.martin@ed.gov. You must
include the term ‘‘Proposed Waivers
and Extensions for AIVRS’’ in the
subject line of your message.
FOR FURTHER INFORMATION CONTACT:
August Martin. Telephone: (202) 245–
7410, or by email:
august.martin@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation To Comment: The Secretary
invites you to submit comments
regarding the proposed waivers and
extensions. We are particularly
interested in comments on the effect
these proposed waivers and extensions
may have on the AIVRS program and on
potential applicants for grant awards
under any new AIVRS notice inviting
applications, should there be one.
During and after the comment period,
you may inspect all public comments
about the proposed waivers and
extensions in room 5049, PCP, 550 12th
Street SW., Washington, DC, between
the hours of 8:30 a.m. and 4:00 p.m.,
Washington, DC time, Monday through
Friday of each week, except Federal
holidays.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice of proposed
waivers and extensions. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Background
In a report released on May 9, 2012,
the U.S. Government Accountability
Office (GAO) raised a question about the
Department’s practice for determining
eligibility under the AIVRS program.
The report is titled ‘‘Federal Funding for
Non-Federally Recognized Tribes,’’
GAO–12–348, and can be found on the
GAO Web site at www.gao.gov/
products/GAO-12-348.
In this report, the GAO made a
finding that the interpretation of
‘‘reservation’’ used by the Department in
determining eligibility for grants under
VerDate Mar<15>2010
15:10 Jun 10, 2013
Jkt 229001
the AIVRS program raised substantial
questions for the GAO about the
eligibility of State-recognized tribes not
located on State reservations but instead
located on a defined and contiguous
area of land where there is a
concentration of tribal members and in
which the tribe is providing structured
activities and services, such as the tribal
service areas identified in a tribe’s grant
application. The GAO recommended
that the Secretary review the
Department’s practices with respect to
eligibility requirements for AIVRS
grants and take appropriate action with
respect to grants made to tribes that do
not have Federal or State reservations.
In order to comply with the GAO
recommendation, the Secretary will be
asking for input from tribal officials,
tribal governments, tribal organizations,
and affected tribal members regarding a
possible change in the Department’s
interpretation of ‘‘reservation’’ that
would align it with the GAO
interpretation. The Secretary’s request
for comments on this issue will be
published in a separate Federal Register
notice.
The Department believes it is
advisable to maintain funding to
existing AIVRS projects during the time
period it is implementing the GAO
recommendation. In this regard, in FY
2012, the Department extended through
September 30, 2013, the eight projects
initially funded in FY 2007. The
Department published a notice inviting
comments on the proposed waivers and
extensions of the project periods for the
FY 2007 grants on July 25, 2012 (77 FR
43560), which was adopted in final on
September 26, 2012 (77 FR 59085).
The Department is still in the process
of determining the appropriate response
to the GAO recommendation and we
intend to ask tribal officials for their
input consistent with Executive Order
13175. Therefore, we have decided not
to hold a new AIVRS competition in FY
2013. The Department has determined
that it is not advisable to announce a
new competition under which entities
would be expected to have the burden
of proceeding through the application
process while the Department reviews
the eligibility requirements for this
program.
Instead, the Department believes it is
preferable to waive the requirements of
34 CFR 75.250 and 34 CFR 75.261(c)(2),
which limit project periods to 60
months and restrict project period
extensions that involve the obligation of
additional Federal funds, for the eight
projects initially funded in FY 2007 and
the 24 projects initially funded in FY
2008. Section 121(b)(3) of the
Rehabilitation Act of 1973, as amended
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34963
(the Act) provides that RSA has the
authority to make an AIVRS grant
effective for more than 60 months,
pursuant to prescribed regulations.
Through this regulatory action, we are
proposing to extend the project period
for the grants initially funded in FY
2007 and FY 2008 through September
30, 2014.
The proposed waivers and extensions
would enable the 32 AIVRS grantees to
request funds and continue to receive
Federal funds beyond the 60-month
limitation set by 34 CFR 75.250, while
the Department determines the
appropriate course of action in response
to the GAO recommendation. The
Department believes that the
maintenance of the status quo during
this process is in the public interest.
If these proposed waivers and
extensions are made final for the 32
AIVRS grantees, RSA will base its
decisions regarding annual continuation
awards on the program narratives,
budgets, budget narratives, and program
performance reports submitted by these
32 AIVRS grantees, and on the
requirements in 34 CFR 75.253. Any
activities to be carried out during the
year of continuation awards must be
consistent with, or be a logical
extension of, the scope, goals, and
objectives of each grantee’s application,
as approved following the 2007 and
2008 AIVRS grant competitions. If we
publish the proposed waivers and
extensions as final, we would award
continuation grants to each grantee that
is making substantial progress in
performing its AIVRS grant activities.
The proposed waivers of 34 CFR
75.250 and 34 CFR 75.261(c)(2) and
extensions of the project periods, would
not exempt the 32 AIVRS grantees from
the appropriation account-closing
provisions of 31 U.S.C. 1552(a), nor
would they extend the availability of
funds previously awarded to the 32
AIVRS grantees past the five years
provided for in 31 U.S.C. 1552(a). Under
31 U.S.C. 1552(a), appropriations
available for a limited period may be
used for payment of valid obligations for
only five years after the expiration of
their period of availability for Federal
obligation. After that time, the
unexpended balance of those funds is
canceled and returned to the U.S.
Treasury Department and is unavailable
for restoration for any purpose (31
U.S.C. 1552(b)).
Regulatory Flexibility Act Certification
The Department certifies that the
proposed waivers and extensions would
not have a significant economic impact
on a substantial number of small
entities.
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34964
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules
The small entities that would be
affected by these proposed waivers and
extensions are the eight grantees
selected in FY 2007 currently receiving
Federal funds, the 24 grantees selected
in FY 2008 currently receiving Federal
funds, and any other potential applicant
for the estimated 32 awards for which
there would have been a competition in
FY 2013.
The Department certifies that the
proposed waivers and extensions would
not have a significant economic impact
on these entities because the proposed
waivers and extensions impose minimal
compliance costs to extend projects
already in existence, and the activities
required to support the additional year
of funding would not impose additional
regulatory burdens or require
unnecessary Federal supervision.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Paperwork Reduction Act of 1995
This notice of proposed waivers and
extensions does not contain any
information collection requirements.
Intergovernmental Review: The
AIVRS program is not subject to
Executive Order 12372 and the
regulations in 34 CFR part 79.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at this site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: June 6, 2013.
Michael K. Yudin,
Delegated the authority to perform the
functions and duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2013–13848 Filed 6–10–13; 8:45 am]
BILLING CODE 4000–01–P
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15:10 Jun 10, 2013
Jkt 229001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 50, 51, 70 and 71
[EPA–HQ–OAR–2010–0885; FRL–9823–8]
Implementation of the 2008 National
Ambient Air Quality Standards for
Ozone: State Implementation Plan
Requirements
Environmental Protection
Agency (EPA).
ACTION: Notice of public hearing.
AGENCY:
SUMMARY: The EPA is announcing a
public hearing to be held for the
proposed rule ‘‘Implementation of the
2008 National Ambient Air Quality
Standards for Ozone: State
Implementation Plan Requirements’’
which published in the Federal Register
on June 6, 2013. The hearing will be
held on Tuesday, June 25, 2013, in
Washington, DC
DATES: The public hearing will be held
on June 25, 2013.
ADDRESSES: The June 25, 2013, hearing
will be held at the EPA Ariel Rios North
Building, Room 1332, 1200
Pennsylvania Avenue NW., Washington,
DC 20460. The public hearing will
convene at 9 a.m. and continue until 6
p.m. (local time) or later, if necessary,
depending on the number of speakers
wishing to participate. The EPA will
make every effort to accommodate all
speakers that arrive and register before
6 p.m. A lunch break is scheduled from
12:30 p.m. until 2 p.m. The EPA Web
site for the rulemaking, which includes
the proposal and information about the
public hearing, can be found at:
https://www.epa.gov/air/ozonepollution/
actions.html#impl.
If
you would like to speak at the public
hearing, please contact Ms. Pamela
Long, U.S. Environmental Protection
Agency, OAQPS, Air Quality Planning
Division, (C504–03), Research Triangle
Park, NC 27711, telephone (919) 541–
0641, fax number (919) 541–5509, email
address long.pam@epa.gov, no later
than June 24, 2013. If you have any
questions relating to the public hearing,
please contact Ms. Long at the above
number.
Questions concerning the June 6,
2013, proposed rule should be
addressed to Dr. Karl Pepple, U.S. EPA,
Office of Air Quality Planning and
Standards, State and Local Programs
Group, (C539–01), Research Triangle
Park, N.C. 27711, telephone number
(919) 541–2683, email at
pepple.karl@epa.gov.
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
The June
6, 2013, notice of proposed rulemaking
proposes to implement the 2008 ozone
national ambient air quality standards
(NAAQS) (the ‘‘2008 ozone NAAQS’’)
that were promulgated on March 12,
2008. The proposed rule addresses a
range of state implementation plan
requirements for the 2008 ozone
NAAQS, including requirements
pertaining to attainment
demonstrations, reasonable further
progress, reasonably available control
technology, reasonably available control
measures, new source review
requirements in nonattainment areas,
emission inventories, and the timing of
state implementation plan (SIP)
submissions and of compliance with
emission control measures in the SIP.
Other issues also addressed in the
proposed rule are the revocation of the
1997 ozone NAAQS and antibacksliding requirements that would
apply when the 1997 ozone NAAQS is
revoked.
Public hearing: The proposal for
which EPA is holding the public
hearing was published in the Federal
Register on June 6, 2013, (78 FR 34178)
and is available at: https://www.epa.gov/
air/ozonepollution/actions.html#impl
and also in the docket identified below.
The public hearing will provide
interested parties the opportunity to
present data, views, or arguments
concerning the proposal. Because this
hearing is being held at a U.S.
government facility, individuals
planning to attend the hearing should be
prepared to show valid picture
identification to the security staff in
order to gain access to the meeting
room. In addition, you will need to
obtain a property pass for any personal
belongings you bring with you. Upon
leaving the building, you will be
required to return this property pass to
the security desk. No large signs will be
allowed in the building, cameras may
only be used outside of the building,
and demonstrations will not be allowed
on federal property for security reasons.
The EPA may ask clarifying questions
during the oral presentations, but will
not respond to the presentations at that
time. Written statements and supporting
information submitted during the
comment period will be considered
with the same weight as any oral
comments and supporting information
presented at the public hearing. Written
comments on the proposed rule must be
postmarked by August 5, 2013.
Commenters should notify Ms. Long if
they will need specific equipment, or if
there are other special needs related to
providing comments at the hearing. The
EPA will provide equipment for
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Proposed Rules]
[Pages 34962-34964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13848]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 75 and Chapter III
[CFDA Number: 84.250C and 84.250D]
American Indian Vocational Rehabilitation Services Program;
Proposed Waivers and Extensions of the Project Periods
AGENCY: Rehabilitation Services Administration, Office of Special
Education and Rehabilitative Services, Department of Education.
ACTION: Proposed waivers and extensions of project periods.
-----------------------------------------------------------------------
SUMMARY: These proposed waivers and extensions of project periods would
affect two sets of grantees under the American Indian Vocational
Rehabilitation Services (AIVRS) Program in the Rehabilitation Services
Administration (RSA): eight grantees with 60-month projects initially
funded in fiscal year (FY) 2007 (72 FR 11851) and twenty-four grantees
with 60-month projects initially funded in FY 2008 (73 FR 6491). For FY
2013, the Secretary proposes to waive the regulations that generally
limit project periods to 60 months and that restrict project period
extensions involving the obligation of additional Federal funds. The
Secretary proposes these actions in order to extend the 60-month
projects for the grants initially funded in FY 2007 for a seventh year,
and the grants initially funded in FY 2008 for a sixth year. The 32
AIVRS grants would be extended through September 30, 2014.
The proposed waivers and extensions would enable the 32 grantees to
request funds and continue to receive Federal funding beyond September
30, 2013, when the project period ends. The grantees must meet all of
the AIVRS program and other applicable requirements while receiving
funds under this program. Further, if the proposed waivers and
extensions are made final, RSA would not announce a new competition in
FY 2013 or make new awards in FY 2013.
DATES: We must receive your comments on or before July 11, 2013.
ADDRESSES: Submit all comments on this notice to August Martin, U.S.
Department of Education, 400 Maryland
[[Page 34963]]
Avenue SW., room 5049, Potomac Center Plaza (PCP), Washington, DC
20202-2800.
If you prefer to send your comments by email, use the following
address: august.martin@ed.gov. You must include the term ``Proposed
Waivers and Extensions for AIVRS'' in the subject line of your message.
FOR FURTHER INFORMATION CONTACT: August Martin. Telephone: (202) 245-
7410, or by email: august.martin@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation To Comment: The Secretary invites you to submit comments
regarding the proposed waivers and extensions. We are particularly
interested in comments on the effect these proposed waivers and
extensions may have on the AIVRS program and on potential applicants
for grant awards under any new AIVRS notice inviting applications,
should there be one.
During and after the comment period, you may inspect all public
comments about the proposed waivers and extensions in room 5049, PCP,
550 12th Street SW., Washington, DC, between the hours of 8:30 a.m. and
4:00 p.m., Washington, DC time, Monday through Friday of each week,
except Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice of proposed waivers and
extensions. If you want to schedule an appointment for this type of
accommodation or auxiliary aid, please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Background
In a report released on May 9, 2012, the U.S. Government
Accountability Office (GAO) raised a question about the Department's
practice for determining eligibility under the AIVRS program. The
report is titled ``Federal Funding for Non-Federally Recognized
Tribes,'' GAO-12-348, and can be found on the GAO Web site at
www.gao.gov/products/GAO-12-348.
In this report, the GAO made a finding that the interpretation of
``reservation'' used by the Department in determining eligibility for
grants under the AIVRS program raised substantial questions for the GAO
about the eligibility of State-recognized tribes not located on State
reservations but instead located on a defined and contiguous area of
land where there is a concentration of tribal members and in which the
tribe is providing structured activities and services, such as the
tribal service areas identified in a tribe's grant application. The GAO
recommended that the Secretary review the Department's practices with
respect to eligibility requirements for AIVRS grants and take
appropriate action with respect to grants made to tribes that do not
have Federal or State reservations.
In order to comply with the GAO recommendation, the Secretary will
be asking for input from tribal officials, tribal governments, tribal
organizations, and affected tribal members regarding a possible change
in the Department's interpretation of ``reservation'' that would align
it with the GAO interpretation. The Secretary's request for comments on
this issue will be published in a separate Federal Register notice.
The Department believes it is advisable to maintain funding to
existing AIVRS projects during the time period it is implementing the
GAO recommendation. In this regard, in FY 2012, the Department extended
through September 30, 2013, the eight projects initially funded in FY
2007. The Department published a notice inviting comments on the
proposed waivers and extensions of the project periods for the FY 2007
grants on July 25, 2012 (77 FR 43560), which was adopted in final on
September 26, 2012 (77 FR 59085).
The Department is still in the process of determining the
appropriate response to the GAO recommendation and we intend to ask
tribal officials for their input consistent with Executive Order 13175.
Therefore, we have decided not to hold a new AIVRS competition in FY
2013. The Department has determined that it is not advisable to
announce a new competition under which entities would be expected to
have the burden of proceeding through the application process while the
Department reviews the eligibility requirements for this program.
Instead, the Department believes it is preferable to waive the
requirements of 34 CFR 75.250 and 34 CFR 75.261(c)(2), which limit
project periods to 60 months and restrict project period extensions
that involve the obligation of additional Federal funds, for the eight
projects initially funded in FY 2007 and the 24 projects initially
funded in FY 2008. Section 121(b)(3) of the Rehabilitation Act of 1973,
as amended (the Act) provides that RSA has the authority to make an
AIVRS grant effective for more than 60 months, pursuant to prescribed
regulations. Through this regulatory action, we are proposing to extend
the project period for the grants initially funded in FY 2007 and FY
2008 through September 30, 2014.
The proposed waivers and extensions would enable the 32 AIVRS
grantees to request funds and continue to receive Federal funds beyond
the 60-month limitation set by 34 CFR 75.250, while the Department
determines the appropriate course of action in response to the GAO
recommendation. The Department believes that the maintenance of the
status quo during this process is in the public interest.
If these proposed waivers and extensions are made final for the 32
AIVRS grantees, RSA will base its decisions regarding annual
continuation awards on the program narratives, budgets, budget
narratives, and program performance reports submitted by these 32 AIVRS
grantees, and on the requirements in 34 CFR 75.253. Any activities to
be carried out during the year of continuation awards must be
consistent with, or be a logical extension of, the scope, goals, and
objectives of each grantee's application, as approved following the
2007 and 2008 AIVRS grant competitions. If we publish the proposed
waivers and extensions as final, we would award continuation grants to
each grantee that is making substantial progress in performing its
AIVRS grant activities.
The proposed waivers of 34 CFR 75.250 and 34 CFR 75.261(c)(2) and
extensions of the project periods, would not exempt the 32 AIVRS
grantees from the appropriation account-closing provisions of 31 U.S.C.
1552(a), nor would they extend the availability of funds previously
awarded to the 32 AIVRS grantees past the five years provided for in 31
U.S.C. 1552(a). Under 31 U.S.C. 1552(a), appropriations available for a
limited period may be used for payment of valid obligations for only
five years after the expiration of their period of availability for
Federal obligation. After that time, the unexpended balance of those
funds is canceled and returned to the U.S. Treasury Department and is
unavailable for restoration for any purpose (31 U.S.C. 1552(b)).
Regulatory Flexibility Act Certification
The Department certifies that the proposed waivers and extensions
would not have a significant economic impact on a substantial number of
small entities.
[[Page 34964]]
The small entities that would be affected by these proposed waivers
and extensions are the eight grantees selected in FY 2007 currently
receiving Federal funds, the 24 grantees selected in FY 2008 currently
receiving Federal funds, and any other potential applicant for the
estimated 32 awards for which there would have been a competition in FY
2013.
The Department certifies that the proposed waivers and extensions
would not have a significant economic impact on these entities because
the proposed waivers and extensions impose minimal compliance costs to
extend projects already in existence, and the activities required to
support the additional year of funding would not impose additional
regulatory burdens or require unnecessary Federal supervision.
Paperwork Reduction Act of 1995
This notice of proposed waivers and extensions does not contain any
information collection requirements.
Intergovernmental Review: The AIVRS program is not subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at this
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: June 6, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of the
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-13848 Filed 6-10-13; 8:45 am]
BILLING CODE 4000-01-P
