Program Regulations Superseded by Reauthorizations of the Perkins Act, 7294-7299 [2019-03661]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7294-7299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03661]


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DEPARTMENT OF EDUCATION

34 CFR Parts 400, 401, 402, 403, 406, 410, 411, and 413

[Docket ID ED-2018-OCTAE-0129]
RIN 1830-AA23


Program Regulations Superseded by Reauthorizations of the Perkins 
Act

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Final regulations.

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SUMMARY: The Secretary removes outdated and superseded regulations for 
eight programs in the State Vocational and Applied Technology Education 
Programs and National Discretionary Programs of Vocational Education as 
authorized under the Carl D. Perkins Vocational and Applied Technology 
Act of 1990 (Perkins II). The eight programs are: The Career, Technical 
and Applied Technology Education Programs--General Provisions, the 
Indian Vocational Education Program, the Native Hawaiian Vocational 
Education Program, the State Vocational and Applied Technology 
Education Program, the State-Administered Tech-Prep Education Program, 
the Tribally Controlled Postsecondary Vocational Institutions Program, 
the Vocational Education Research Program, and the National Center or 
Centers for Research in Vocational Education (the eight programs). 
These program regulations are outdated with the exception of certain 
regulations under the Indian Vocational Education Program.

DATES: These regulations are effective March 4, 2019.

FOR FURTHER INFORMATION CONTACT: Hugh Reid, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 11114 PCP, Washington, DC 
20202-2500. Telephone: (202) 245-7491. Email: Hugh.Reid@ed.gov.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: On February 24, 2017, President Trump signed 
Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' 
which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people. Section 3(a) of the 
Executive Order directed each Federal agency to establish a regulatory 
reform task force, the duty of which is to evaluate existing 
regulations and ``make recommendations to the agency head regarding 
their repeal, replacement, or modification.'' Accordingly, the 
Secretary removes 34 CFR part 400, Sec. Sec.  401.1-401.22 and 401.30 
and 401.31, and parts 402, 403, 406, 410, 411 and 413, published in the 
Federal Register on August 14, 1992 (57 FR 36720) (Perkins 1992 
Regulations), because they are outdated due to the reauthorization of 
the Perkins Act by subsequent reauthorizations and changes to the 
Perkins Act. The program regulations we are removing are:

----------------------------------------------------------------------------------------------------------------
                                      Perkins 1992
                                   regulations to be        Perkins II
       The eight programs           removed--34 CFR       authorities 20                Program type
                                        part(s)               U.S.C.
----------------------------------------------------------------------------------------------------------------
Career, Technical, and Applied    400 (57 FR 36724,    20 U.S.C. 2301 et    State-Administered.
 Technology Education Programs--   Aug. 14, 1992).      seq., unless
 General Provisions.                                    otherwise noted.
Indian Vocational Education       401.1-401.22 and     20 U.S.C. 2313(b),   National Discretionary.
 Program.                          401.30 and 401.31    unless otherwise
                                   (57 FR 36730, Aug.   noted.
                                   14, 1992).
Native Hawaiian Vocational        402 (57 FR 36733,    20 U.S.C. 2313(c),   National Discretionary.
 Education Program.                Aug. 14, 1992).      unless otherwise
                                                        noted.
State Vocational and Applied      403 (57 FR 36735,    20 U.S.C. 2301 et    National Discretionary.
 Technology Education Program.     Aug. 14, 1992).      seq., unless
                                                        otherwise noted.

[[Page 7295]]

 
State-Administered Tech-Prep      406 (57 FR 36763,    20 U.S.C. 2394-      State-Administered.
 Education Program.                Aug. 14, 1992).      2394e, unless
                                                        otherwise noted.
Tribally Controlled               410 (57 FR 36773,    20 U.S.C. 2397-      National Discretionary.
 Postsecondary Vocational          Aug. 14, 1992).      2397h, unless
 Institutions Program.                                  otherwise noted.
Vocational Education Research     411 (57 FR 36776,    20 U.S.C. 2401 and   National Discretionary.
 Program.                          Aug. 14, 1992).      2402, unless
                                                        otherwise noted.
National Center or Centers for    413 (57 FR 36780,    20 U.S.C. 2404,      National Discretionary.
 Research in Vocational            Aug. 14, 1992).      unless otherwise
 Education.                                             noted.
----------------------------------------------------------------------------------------------------------------

    The State-Administered Tech-Prep Education Program was not re-
authorized in the Strengthening Career and Technical Education for the 
21st Century Act (Perkins V) that was signed on July 31, 2018, and 
takes effect July 1, 2019. As such, we are removing the related 
regulations in 34 CFR part 406. Generally, the regulations for the 
other seven programs listed in the above chart are outdated due to the 
passage of the Carl D. Perkins Vocational and Technical Education Act 
of 1998 (Perkins III). These seven programs were updated in Perkins III 
and subsequently in the Carl D. Perkins Career and Technical Education 
Act of 2006 (Perkins IV) and Perkins V. However, the regulations 
related to these seven programs, have not been updated to reflect 
statutory changes in Perkins III-V, so we are removing those 
regulations. Although the statutory authority still exists for these 
seven program (not including The State-Administered Tech-Prep Education 
Program, which was not re-authorized), the regulations are outdated and 
do not reflect the most current statutory language. Therefore, we are 
removing those regulations, with the exception of 34 CFR 401.1 
(formerly 401.23), which still applies to the Native American Career 
and Technical Education Program (NACTEP).
    The requirements in 34 CFR 401.1 (formerly 401.23), regarding the 
Secretary's decision not to make an award under the Indian Vocational 
Education Program (now NACTEP) subject to a hearing, are not outdated. 
NACTEP is one of the successor programs to the Indian Vocational 
Education Program, and was established in Perkins IV.

34 CFR Part 400--Vocational and Applied Technology Education Programs--
General Provisions

    The purpose of the Vocational and Applied Technology Education 
Programs was to make the United States more competitive in the world 
economy by developing more fully the academic and occupational skills 
of all segments of the population, and the purpose would be achieved 
principally through concentrating resources on improving educational 
programs leading to academic and occupational skill competencies needed 
to work in a technologically advanced society.
    This Perkins II regulation provided such general program provisions 
as the following:
    (1) Purposes, which aligned with the purposes in Sec. 2 of Perkins 
II and were superseded by the purposes of Sec. 2 of Perkins III and 
subsequently by Sec. 2 of Perkins IV and Perkins V, respectively.
    (2) Definitions, which aligned with the definitions in Secs. 
232(d), 347, 371, 390, and 521 of Perkins II, and were superseded by 
the definitions in Sec. 3 of Perkins III; and subsequently by the 
definitions in Sec. 3 of Perkins IV, and Perkins V, respectively.
    (3) Conditions for which funds under the Perkins Act were to be 
used for the joint funding of programs, which aligned with joint 
funding requirements in Sec. 511 of Perkins II, and were superseded by 
the joint funding requirements in Sec. 321 of Perkins III. Those 
requirements were subsequently superseded by Sec. 321 of Perkins IV, 
and Sec. 221 of Perkins V.
    (4) Requirements for establishing the State Committee of 
Practitioners (Committee), aligned with Sec. 115 of Perkins II, which 
further clarified the State board convene the Committee on a regular 
basis to review, comment on, and propose revisions on a draft State 
proposal that the State board developed for a system of core standards 
and measures of performance for vocational programs. Perkins III did 
not include a requirement for establishing the Committee, and 
superseded that requirement in Sec. 113(b) indicating that each 
eligible agency, with input from eligible recipients, shall establish 
performance measures for a State. That requirement for establishing 
performance measures for a State with input from eligible recipients 
was subsequently superseded in Sec. 113(b) of Perkins IV, which was 
reauthorized in Perkins V.
    (5) Governing student assistance, aligned with Sec. 507 of Perkins 
II regarding student assistance costs and was superseded by the 
requirement for student assistance costs in Sec. 325 of Perkins III. 
The requirement regarding student assistance costs was subsequently 
superseded by Sec. 324 of Perkins IV and Sec. 224 of Perkins V.

34 CFR Part 401--Indian Vocational Education Program

    The purpose of the Indian Vocational Education Program was to 
provide financial assistance to projects that provide vocational 
education for the benefit of Indians. The regulations provided such 
general provisions as the definitions relative to the program, 
eligibility for a program award, and what activities could be funded. 
In addition, the regulations specified how one applied for an award, 
how the Secretary made the award, and what conditions must be met after 
the award. The regulations aligned with Sec. 103 of Perkins II, which 
provided directions to the Secretary to enter into grants with eligible 
applicants. Sec. 103 of Perkins II was updated by Perkins III, Sec. 
116--Native American programs, under which grants were awarded under 
the Native American Vocational and Technical Education program. The 
requirements were subsequently updated by Perkins IV, Sec. 116--Native 
American programs, under which grants were awarded for NACTEP. 
Recently, Perkins V Sec. 116--Native American programs, also made minor 
revisions and updates to the NACTEP program. Although there have been 
minor revisions and updates under each reauthorization of the Perkins 
Act regarding some of the program requirements, the program purpose and 
administration supporting grants to improve CTE programs that benefit 
Native Americans has remained the same.
    Title 34 CFR 401.1 (formerly 401.23) remains in effect, as it 
contains the requirements for when an applicant requests a hearing in 
response to the Secretary's decision not to make an award under the 
Indian Vocational

[[Page 7296]]

Education Program, as reauthorized (as NACTEP) under Sec. 116(b)(2) of 
Perkins V. The Secretary continues to implement the appeal process at 
the request of any applicant denied funding under the NACTEP 
competition in accordance with the procedures set forth in 34 CFR 401.1 
(formerly 401.23) (see 83 FR 5076, 5079 at: https://www.govinfo.gov/content/pkg/FR-2018-02-05/pdf/2018-02246.pdf). In accordance with those 
procedures, any applicant denied funding has 30 calendar days to make a 
written request to the Secretary for a hearing to review the 
Secretary's decision (25 U.S.C. 5321(b)). We have also made the 
following technical revisions to Sec.  401.1 (formerly Sec.  401.23): 
(1) Replaced ``Indian Vocational Education Program'' with ``Native 
American Career and Technical Education Program'' in the title; (2) 
deleted reference to 34 CFR 401.2(a)(1), as this has been removed; and 
(3) replaced reference to ``Office of Vocational and Adult Education'' 
with ``Office of Career, Technical, and Adult Education''.

34 CFR Part 402--Native Hawaiian Vocational Education Program

    The purpose of the Native Hawaiian Vocational Education Program was 
to provide financial assistance to projects responsible for vocational 
training and related activities for the benefit of native Hawaiians. 
This regulation provided such general provisions as the definitions 
relative to the program, eligibility for a program award, and what 
activities could be funded. In addition, the regulation specified how 
the Secretary made the award and what conditions must be met by a 
grantee after the award. This regulation aligned with Sec. 103 of 
Perkins II, which provided directions to the Secretary to enter into 
grants with eligible applicants. Sec. 103 of Perkins II was updated by 
Perkins III, Sec. 116--Native American programs, under which grants 
were awarded for the Native Hawaiian Vocational and Technical Education 
program. The requirement in Perkins III was subsequently updated by 
Sec. 116--Native American programs of Perkins IV, under which grants 
were awarded for the Native Hawaiian Career and Technical Education 
program, and was also superseded by Perkins V Sec. 116--Native American 
programs. Specifically, in Sec. 116(h) of Perkins III, and subsequently 
in Sec. 116(h) of Perkins IV and Perkins V, it was clarified that 
grants to plan, conduct, and administer programs, or portions thereof 
that are consistent with the purposes of section 116 of each Act, were 
for the benefit of Native Hawaiians.

34 CFR Part 403--State Vocational and Applied Technology Education 
Program

    The purpose of the State Vocational and Applied Technology 
Education Program was for the Secretary to assist States, local 
educational agencies, postsecondary educational institutions, and other 
agencies and institutions to administer and conduct vocational 
education programs that were authorized by Perkins II. The requirements 
in the Perkins II regulations for the State Vocational and Applied 
Technology Education Program aligned with Title I--Vocational Education 
Assistance to the States in Perkins II, Part A--Allotment and 
Allocation and Part B--State Organizational and Planning 
Responsibilities. The Perkins II requirements were superseded by 
requirements under Perkins III, Title I--Vocational and Technical 
Education Assistance to the States--Part A--Allotment and Allocation, 
Part B--State Provisions and Part C--Local Provisions. The Perkins III 
requirements were subsequently superseded by requirements in Title I--
Career and Technical Education Assistance to the States Part A--
Allotment and Allocation, Part B--State Provisions and Part C--Local 
Provisions under both Perkins IV and Perkins V.

34 CFR Part 406--State-Administered Tech-Prep Education Program

    The purposes of the Tech-Prep Education Program were to: (1) Plan 
for and develop four-year or six-year programs designed to provide a 
tech-prep education program leading to a two-year associate degree or 
certificate; and (2) plan and develop comprehensive links between 
secondary schools and postsecondary educational institutions. The 
requirements in the Perkins II regulations for the State-Administered 
Tech-Prep Education Program aligned with Title III, Part E--Tech-Prep 
Education. The Perkins II requirements were superseded by Title II--
Tech-Prep Education under Perkins III and Perkins IV, respectively. 
Beginning in fiscal year 2010, Federal appropriations for Title II--
Tech-Prep Education under Perkins IV ceased, and Perkins V did not 
authorize the program.

34 CFR Part 410--Tribally Controlled Postsecondary Vocational 
Institutions Program

    The purpose of the Tribally Controlled Postsecondary Vocational 
Institutions Program was to provide grants for the operation and 
improvement of tribally controlled postsecondary vocational 
institutions in order to continue and expand educational opportunities 
for Indian students, and improve and expand the physical resources of 
those institutions. This regulation provided such general provisions as 
the definitions relative to the program, eligibility for a program 
award, and what activities could be funded. In addition, the regulation 
specified how the Secretary made the award and what conditions must be 
met after the award. This regulation aligned with Perkins II, Title 
III--Special Programs--Part H--Tribally Controlled Postsecondary 
Vocational Institutions. The requirements in Perkins II were updated by 
Perkins III, Sec. 117--Tribally Controlled Postsecondary Vocational 
Institutions, and subsequently updated by Sec. 117--Tribally Controlled 
Postsecondary Career and Technical Institutions of Perkins IV and 
Perkins V.

34 CFR Part 411--Vocational Education Research Program

    The purpose of the Vocational Education Research Program was to: 
(1) Improve access to vocational educational programs for individuals 
with disabilities, individuals who were disadvantaged, men and women 
who were entering nontraditional occupations, adults who were in need 
of retraining, single parents, displaced homemakers, single pregnant 
women, individuals with limited English proficiency, and individuals 
who were incarcerated in correctional institutions; (2) support 
research and development activities that make the United States 
competitive in the world economy; (3) improve the competitive process 
by which research projects were awarded; (4) support the dissemination 
of findings of research related to Department-funded projects; and (5) 
support research activities that were readily applicable to the 
vocational education setting. This regulation indicated how the 
Secretary made an award, and was aligned with Sec. 402--Research 
Objectives and Sec. 403--Research Activities of Perkins II. The 
requirements in Perkins II was superseded by Perkins III, Sec. 114(c)--
Research, Development, Dissemination, Evaluation and Assessment, which 
indicated that the Secretary through grants, contracts, or cooperative 
agreements, carry out research, development, dissemination, evaluation 
and assessment, capacity building, and technical assistance with regard 
to vocational and technical education programs. Sec. 114(c) of Perkins 
III was subsequently superseded by Perkins IV

[[Page 7297]]

and Perkins V, Sec. 114(c)--Single Plan for Research, Development, 
Dissemination, Evaluation, and Assessment. That section indicated that 
the Secretary may directly, or through grants, contracts, or 
cooperative agreements, carry out research, development, dissemination, 
evaluation and assessment, capacity building, and technical assistance 
with regard to career and technical education programs.

34 CFR Part 413--National Center or Centers for Research in Vocational 
Education

    The purpose of the National Centers for Research in Vocational 
Education was to support: (1) Applied research; and (2) development and 
dissemination and training for vocational education. This regulation 
provided such general provisions as the definitions relative to the 
program, eligibility for a program award, and what activities could be 
funded. In addition, the regulation specified how the Secretary made 
the award and what conditions must be met after the award. The 
regulation aligned with Perkins II, Sec. 404--National Center or 
Centers for Research in Vocational Education. This Perkins II section 
was superseded by Sec. 114(c)(5) of Perkins III, which established the 
requirements for a national research center or centers, and was 
subsequently superseded by the requirements in Sec. 114(d)(4) of 
Perkins IV to establish a national research center. The Perkins IV, 
Sec. 114(d)(4) requirements were superseded by Sec. 114(d)(4) of 
Perkins V, which requires that the Secretary, after consultation with 
the Director of the Institute of Education Sciences, the Commissioner 
for Education Research, and the States, to award a grant, contract, or 
cooperative agreement, to carry out research activities.

Waiver of Proposed Rulemaking

    Under the Administrative Procedures Act (5 U.S.C. 553) (APA), the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, the APA provides that an 
agency is not required to conduct notice-and-comment rulemaking when 
the agency, for good cause, finds that the requirement is 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive rulemaking 
in this case because this final regulatory action merely removes 
regulations that are superseded by statute and, therefore, outdated and 
unnecessary. This regulatory action adopts no new regulations and does 
not establish or affect substantive policy. Therefore, under 5 U.S.C. 
553(b)(B), the Secretary has determined that proposed regulations are 
unnecessary, and, thus, waives notice and comment rulemaking.
    The APA also requires that regulations be published at least 30 
days before their effective date, unless the agency has good cause to 
implement its regulations sooner (5 U.S.C. 553(d)(3)). Because the 
final regulations merely reflect statutory changes and remove outdated 
or unnecessary regulatory provisions, the Secretary has good cause to 
waive the 30-day delay in the effective date of these regulatory 
changes under 5 U.S.C. 553(d)(3).

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    Under Executive Order 13771, for each new regulation that the 
Department proposes for notice and comment or otherwise promulgates 
that is a significant regulatory action under Executive Order 12866, it 
must identify two deregulatory actions. For FY 2019, no regulations 
exceeding the agency's total incremental cost allowance will be 
permitted. These regulations are a deregulatory action under E.O. 13771 
and therefore the two-for-one requirements of E.O. 13771 do not apply.
    We have also reviewed these regulations under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor their regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things, and to the extent practicable--the costs 
of cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than specifying the behavior or manner of compliance that regulated 
entities must adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including providing economic incentives--such as user fees 
or marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this regulatory action only upon a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected the approach that 
maximizes net benefits. Based on the analysis that follows, the 
Department believes that these regulations are consistent with the 
principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.

[[Page 7298]]

Need for the Regulatory Action

    This regulatory action is necessary to comply with Executive Order 
13777 and to remove outdated and superseded regulations from the Code 
of Federal Regulations.

Analysis of Costs and Benefits

    This regulatory action is a benefit to the public, grant 
recipients, and the Department as the action will remove any confusion 
that might be caused by maintaining outdated and superseded regulations 
in the CFR.
    The Department has also analyzed the costs of this regulatory 
action and has determined that it will impose no additional costs. As 
detailed earlier, this regulatory action removes outdated and 
superseded regulations for eight programs.

Regulatory Flexibility Act Certification

    Pursuant to 5 U.S.C. 601(2), the Regulatory Flexibility Act applies 
only to rules for which an agency publishes a general notice of 
proposed rulemaking. The Regulatory Flexibility Act does not apply to 
this rulemaking because there is good cause to waive notice and comment 
under 5 U.S.C. 553.

Paperwork Reduction Act of 1995

    This rule does not contain any new information collection 
requirements. The information collection OMB Control Number 1830-0503, 
active during the Perkins II regulations with an annual cost to the 
Federal Government of $94,160, expired March 31, 2010. The only 
previously OMB-approved information collection under the Perkins II 
regulations that has been renewed, updated, and remains currently 
active is OMB Control Number 1830-0029. This information is used for 
the Perkins State Plan Guide and expires on September 30, 2019.

Intergovernmental Review

    Some of these programs are subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at: www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

List of Subjects

34 CFR Part 400

    Accounting, Administrative practice and procedure, Adult education, 
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business 
and industry, Civil rights, Colleges and universities, Communications, 
Community development, Community facilities, Copyright, Credit, 
Cultural exchange programs, Educational facilities, Educational 
research, Education, Education of disadvantaged, Education of 
individuals with disabilities; Educational study programs, Electric 
power, Electric power rates, Electric utilities, Elementary and 
secondary education, Energy conservation, Equal educational 
opportunity, Federally affected areas, Government contracts, Grant 
programs, Grant programs--agriculture, Grant programs--business, Grant 
programs--communications, Grant programs--education, Grant programs--
energy, Grant programs--health, Grant programs--housing and community 
development, Grant programs--social programs, Grants administration, 
Guam, Home improvement, Homeless, Hospitals, Housing, Human research 
subjects, Indians, Indians--education, Infants and children, Insurance, 
Intergovernmental relations, International organizations, Inventions 
and patents, Loan programs, Loan programs--social programs, Loan 
programs--agriculture, Loan programs--business, Loan programs--
communications, Loan programs--energy, Loan programs--health, Loan 
programs--housing and community development, Manpower training 
programs, Migrant labor, Mortgage insurance, Nonprofit organizations, 
Northern Mariana Islands, Pacific Islands Trust Territories, Privacy, 
Renewable energy, Reporting and recordkeeping requirements, Rural 
areas, Scholarships and fellowships, School construction, Schools, 
Science and technology, Securities, Small businesses, State and local 
governments, Student aid, Teachers, Telecommunications, Telephone, 
Urban areas, Veterans, Virgin Islands, Vocational education, Vocational 
rehabilitation, Waste treatment and disposal, Water pollution control, 
Water resources, Water supply, Watersheds, Women.

34 CFR Part 401

    Administrative practice and procedure, Grant programs--education, 
Grant programs--Indians, Indians--education, Reporting and 
recordkeeping requirements, Vocational education.

34 CFR Part 402

    Grant programs--education, Hawaiian Natives, Reporting and 
recordkeeping requirements, Vocational education.

34 CFR Part 403

    Business and industry, Colleges and universities, Elementary and 
secondary education, Grant programs--education, Prisoners, Reporting 
and recordkeeping requirements, Sex discrimination, Vocational 
education, Women.

34 CFR Part 406

    Colleges and universities, Elementary and secondary education, 
Grant programs--education, Reporting and recordkeeping requirements, 
Vocational education.

34 CFR Part 410

    Grant programs--education, Grant programs--Indians, Indians--
education, Reporting and recordkeeping requirements, Vocational 
education.

34 CFR Part 411

    Education of disadvantaged, Education of individuals with 
disabilities, Educational research, Grant programs--education, 
Prisoners, Reporting and recordkeeping requirements, Vocational 
education, Women.

34 CFR Part 413

    Colleges and universities, Educational research, Grant programs--
education, Reporting and recordkeeping requirements, Vocational 
education.


[[Page 7299]]


    Dated: February 26, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.
    For the reasons discussed in the preamble, and under the authority 
of section 414 of the Department of Education Organization Act, 20 
U.S.C. 3474, and section 437 of the General Education Provisions Act 
(20 U.S.C. 1221e-3), the Secretary of Education amends chapter IV of 
title 34 of the Code of Federal Regulations as follows:

PART 400--[Removed and Reserved]

0
1. Part 400 is removed and reserved.

PART 401--NATIVE AMERICAN CAREER AND TECHNICAL EDUCATION PROGRAM

0
 2. Revise the authority citation for part 401 to read as follows:

    Authority: 20 U.S.C. 2313(b), 25 U.S.C. 5321.


0
 3. The heading of part 401 is revised to read as set forth above.


Sec.  401.1  [Removed]

0
4. Remove Sec.  401.1.


Sec.  401.23  [Redesignated as Sec.  401.1 and Amended]

0
5. Redesignate Sec.  401.23 as Sec.  401.1 and revise newly 
redesignated Sec.  401.1 to read as follows:


Sec.  401.1  Is the Secretary's decision not to make an award under the 
Native American Career and Technical Education Program subject to a 
hearing?

    (a) After receiving written notice from an authorized official of 
the Department that the Secretary will not award a grant or cooperative 
agreement to an eligible applicant, an Indian tribal organization has 
30 calendar days to make a written request to the Secretary for a 
hearing to review the Secretary's decision.
    (b) Within 10 business days of the Department's receipt of a 
hearing request, the Secretary designates a Department employee who is 
not assigned to the Office of Career, Technical, and Adult Education to 
serve as a hearing officer. The hearing officer conducts a hearing and 
issues a written decision within 75 calendar days of the Department's 
receipt of the hearing request. The hearing officer establishes rules 
for the conduct of the hearing. The hearing officer conducts the 
hearing solely on the basis of written submissions unless the officer 
determines, in accordance with standards in 34 CFR 81.6(b), that oral 
argument or testimony is necessary.
    (c) The Secretary does not make any award under this part to an 
Indian tribal organization until the hearing officer issues a written 
decision on any appeal brought under this section.


Sec. Sec.  401.2, 401.3, 401.4, and 401.5  [Removed and Reserved]

0
6. Remove and reserve Sec. Sec.  401.2, 401.3, 401.4, and 401.5.


Sec. Sec.  401.10, 401.20, 401.21, 401.22, 401.30, and 
401.31  [Removed]

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7. Remove Sec. Sec.  401.10, 401.20, 401.21, 401.22, 401.30, and 
401.31.

PART 402--[Removed and Reserved]

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8. Part 402 is removed and reserved.

PART 403--[Removed and Reserved]

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9. Part 403 is removed and reserved.

PART 406--[Removed and Reserved]

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10. Part 406 is removed and reserved.

PART 410--[Removed and Reserved]

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11. Part 410 is removed and reserved.

PART 411--[Removed and Reserved]

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12. Part 411 is removed and reserved.

PART 413--[Removed and Reserved]

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13. Part 413 is removed and reserved.

[FR Doc. 2019-03661 Filed 3-1-19; 8:45 am]
 BILLING CODE 4000-01-P