Final Waivers and Extension of the Project Period for the National Center for Information and Technical Support for Postsecondary Students With Disabilities Grant Program, 47668-47670 [2020-17145]
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Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Rules and Regulations
(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 final 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 rule that the Department
proposes for notice and comment or
otherwise promulgates that is a
significant regulatory action under
Executive Order 12866, and that
imposes total costs greater than zero, it
must identify two deregulatory actions.
For FY 2020, any new incremental costs
associated with a new significant
regulatory action must be fully offset by
the elimination of existing costs through
deregulatory actions. Because this
regulatory action is not significant, the
requirements of Executive Order 13771
do not apply.
We have also reviewed this regulatory
action 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 its 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 the
VerDate Sep<11>2014
16:05 Aug 05, 2020
Jkt 250001
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including 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 these final priorities
only on a reasoned determination that
their benefits would justify their costs.
In choosing among alternative
regulatory approaches, we selected
those approaches that maximize net
benefits. Based on the analysis that
follows, the Department believes that
this regulatory action is consistent with
the principles in Executive Order 13563.
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.
In accordance with these Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities. The costs
would include the time and effort in
responding to the priorities for entities
that choose to respond.
In addition, we have considered the
potential benefits of this regulatory
action and have noted these benefits in
the background section of the NPP. The
benefits include supporting the work of
the State VR agencies in the Client
Assistance Program (84.263D); assisting
and supporting individuals with
disabilities pursuing self-employment,
business ownership, and telecommuting
(84.263E); promoting field-initiated
projects related to VR (84.263F); and
tailoring the activities conducted under
the priorities to reflect the greatest
needs in the field.
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
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intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of Federal
financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
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 program 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 Adobe 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.
Mark Schultz,
Commissioner, Rehabilitation Services
Administration, Delegated the Authority to
Perform the Functions and Duties of the
Assistant Secretary for the Office of Special
Education and Rehabilitative Services.
[FR Doc. 2020–16958 Filed 8–4–20; 4:15 pm]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
Final Waivers and Extension of the
Project Period for the National Center
for Information and Technical Support
for Postsecondary Students With
Disabilities Grant Program
Office of Postsecondary
Education (OPE), Department of
Education.
ACTION: Final waivers and extension of
project period.
AGENCY:
The Secretary waives the
requirements in the Education
Department General Administrative
Regulations that generally prohibit
project periods exceeding five years and
SUMMARY:
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Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Rules and Regulations
project period extensions involving the
obligation of additional Federal funds.
The waivers and extension would
enable the project under Catalog of
Federal Domestic Assistance (CFDA)
number 84.116D to receive funding for
an additional period, not to exceed
September 25, 2021.
DATES: The waivers and extension of the
project period are effective August 6,
2020.
FOR FURTHER INFORMATION CONTACT:
Shedita Alston, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 260–24, Washington, DC 20202.
Telephone: 202–453–7090. Email:
Shedita.Alston@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:
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Background
On December 16, 2014, Congress
passed the Further Consolidated
Appropriations Act, 2015 (2015
Appropriations Act), Public Law 113–
235. As noted in the explanatory
statement (2015 Appropriations Act
Explanatory Statement) submitted by
the chairman of the Committee on
Appropriations for the U.S. House of
Representatives regarding the 2015
Appropriations Act, the appropriations
for the Department included $2,500,000
for a National Center for Information
and Technical Support for
Postsecondary Students with
Disabilities (the Center), as authorized
by section 777(a) of the of the Higher
Education Act of 1965, as amended
(HEA). See 160 Cong. Rec. H9307–01,
H9841 (Dec. 11, 2014). Section 4 of the
2015 Appropriations Act provides that
the 2015 Appropriations Act
Explanatory Statement shall have the
same effect with respect to the
allocation of funds as if it were a joint
explanatory statement of a committee of
conference.
On June 19, 2015, the Department of
Education (Department) published in
the Federal Register (80 FR 35323) a
notice inviting applications (2015 NIA)
for projects for fiscal year (FY) 2015
under the National Center for
Information and Technical Support for
Postsecondary Students with
Disabilities (NCITSPSD) competitive
grant program. The purpose of the
Center is to provide technical assistance
and information on best and promising
practices for students with disabilities
as they transition to or attend
postsecondary education.
VerDate Sep<11>2014
16:05 Aug 05, 2020
Jkt 250001
In September 2015, the Department
made one 48-month award to the
Association on Higher Education and
Disability for their project entitled the
‘‘National Center for College Students
with Disabilities.’’
The Department granted the Center a
no-cost extension in September 2019,
extending the current project period for
this grantee through September 25,
2020.
On December 20, 2019, Congress
passed the Further Consolidated
Appropriations Act, 2020 (2020
Appropriations Act), Public Law 116–
94. As noted in the explanatory
statement (2020 Appropriations Act
Explanatory Statement) submitted by
the chairwoman of the Committee on
Appropriations for the U.S. House of
Representatives regarding the 2020
Consolidated Appropriations Act, the
appropriations for the Department
included $500,000 for the operation of
the Center authorized under section
777(a) of the HEA. See 165 Cong. Rec.
H11061–01, H11083 (Dec. 17, 2019).
Section 4 of the 2020 Appropriations
Act provides that the 2020
Appropriations Act Explanatory
Statement shall have the same effect
with respect to the allocation of funds
as if it were a joint explanatory
statement of a committee of conference.
Final Waivers and Extension
The Department is waiving the
requirements in 34 CFR 75.250, which
prohibit project periods exceeding five
years, and the requirements in 34 CFR
75.261(c)(2), which limit the extension
of a project period if the extension
involves the obligation of additional
Federal funds. The waivers and
extension would enable the project
under CFDA number 84.116D to receive
funding for an additional one year
period, not to exceed September 25,
2021.
We are waiving these requirements to
provide the necessary time and funding
for the current grantee to complete
outstanding project activities, as
outlined in its 2015 grant. Completion
of these activities, including a required
biannual report to Congress, is
necessary to fulfill the purpose of the
program as outlined in the HEA. With
the awarding of a supplement, the
Center will be able to continue to
provide technical assistance and
information on best and promising
practices for students with disabilities
as they transition to or attend
postsecondary education.
Additionally, the $500,000 amount
that was appropriated under the 2020
Appropriations Act is only 20 percent of
the amount provided by Congress for
PO 00000
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47669
the program in FY 2015 and is
insufficient to support a new, multiyear
grant project period. We do not believe
that it is the intent of Congress that the
Department run a new grant program
competition for the one year of funding
appropriated by the 2020
Appropriations Act, as opposed to
providing a supplement to the current
grantee, because doing so would
increase the burden on the potential
applicants. Additionally, the
comparatively nominal amount of
funding that was appropriated for FY
2020 would create a great hardship for
any newly funded applicant needing to
bear responsibility for both start-up and
operational costs, as well as other
statutory requirements.
Under these waivers and extension of
the project period—
(1) The current grantee is authorized
to receive one continuation award.
(2) The Department will not announce
a new competition or make new awards
under the NCITSPSD competitive grant
program in FY 2020.
(3) During the extension period, any
activities carried out must be consistent
with, or be a logical extension of, the
scope, goals, and objectives of the
grantee’s approved application from the
2015 NCITSPSD competition.
(4) The grantee must also continue to
comply with the requirements
established in the program regulations
and the 2015 NIA.
The waivers of 34 CFR 75.250(a) and
75.261(c)(2) do not affect the
applicability of the requirements in 34
CFR 75.253 (continuation of a multiyear
project after the first budget period) to
the current grantee receiving a
continuation award as a result of the
waivers.
In addition, these waivers do not
exempt the current grantee from the
account-closing provisions in 31 U.S.C.
1552(a), nor do they extend the
availability of funds previously awarded
to the current grantee.
Waiver of Notice and Comment
Rulemaking and Delayed Effective Date
Under the Administrative Procedure
Act
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553 et seq.) 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 notice and
public comment thereon are
impracticable, unnecessary, or contrary
to the public interest. See 5 U.S.C.
553(b)(B).
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47670
Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Rules and Regulations
As the Court found in Metzenbaum v.
Federal Energy Regulatory Commission,
675 F.2d 1282, 1291 (D.C. Cir. 1982), the
opportunity for notice and comment
where there is no discretion is
‘‘unnecessary.’’ Id. (quoting 5 U.S.C.
553(b)(B)). The Court further stated that
notice and comment for such a
nondiscretionary action ‘‘might even
have been ‘contrary to the public
interest,’ given the expense that would
have been involved in a futile gesture.’’
Id. See also Lake Carriers’ Ass’n v.
E.P.A., 652 F.3d 1, 10 (D.C. Cir. 2011)
(notice and comment rulemaking
‘‘would have served no purpose’’ where
agency lacked the authority to amend or
reject the conditions at issue). As this
waiver and extension fulfills our
understanding of congressional intent
for the $500,000 appropriated in FY
2020 for the NCITSPSD grant program to
go to the current grantee to fulfill the
program’s objectives during this fiscal
year, the Department finds that there is
similarly good cause to waive notice
and comment rulemaking. The goals of
the NCITSPSD grant program cannot be
met by other potential applicants with
the small amount of funding available
for the NCITSPSD program in FY 2020.
The APA also requires that a
substantive rule must be published at
least 30 days before its effective date,
except as otherwise provided for good
cause (5 U.S.C. 553(d)(3)). In addition to
the reasons stated above, a delayed
effective date would be contrary to the
public interest because it might prevent
the waivers and extension from taking
effect prior to the expiration of the
current project period. Therefore, the
Secretary waives the delayed effective
date provision for good cause.
Regulatory Flexibility Act Certification
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
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[FR Doc. 2020–17145 Filed 8–4–20; 11:15 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2020–0003; FRL–10011–
97–Region 4]
Air Plan Approval and Designation of
Areas; Kentucky; Redesignation of the
Jefferson County 2010 1-Hour Sulfur
Dioxide Nonattainment Area to
Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
In a letter dated December 9,
2019, the Commonwealth of Kentucky,
through the Kentucky Division of Air
Quality (KDAQ) on behalf of the
Louisville Metro Air Pollution Control
District (LMAPCD), submitted a request
for the Environmental Protection
Agency (EPA) to redesignate the
Jefferson County sulfur dioxide (SO2)
nonattainment area (hereinafter referred
to as the ‘‘Jefferson County Area’’ or
‘‘Area’’) to attainment for the 2010 1hour SO2 primary national ambient air
SUMMARY:
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
16:05 Aug 05, 2020
Robert L. King,
Assistant Secretary for Postsecondary
Education.
AGENCY:
This notice of waivers and extension
of project period does not contain any
information collection requirements.
VerDate Sep<11>2014
our specific plans and actions for this
program.
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.
Jkt 250001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
quality standard (NAAQS or standard)
and to approve an accompanying state
implementation plan (SIP) revision
containing a maintenance plan for the
Area. EPA is taking final action to
determine that the Jefferson County
Area has attained the 2010 1-hour SO2
NAAQS; to approve the SIP revision
containing the Commonwealth’s plan
for maintaining attainment of the 2010
1-hour SO2 standard and to incorporate
the maintenance plan into the SIP; and
to redesignate the Jefferson County Area
to attainment for the 2010 1-hour SO2
NAAQS.
This rule is effective September
8, 2020.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0003. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically via
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Sanchez may be reached by phone
at (404) 562–9644 or via electronic mail
at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for the
actions?
On June 2, 2010, EPA revised the
primary SO2 NAAQS, establishing a
new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22,
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]]>Agencies
[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47668-47670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17145]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
Final Waivers and Extension of the Project Period for the
National Center for Information and Technical Support for Postsecondary
Students With Disabilities Grant Program
AGENCY: Office of Postsecondary Education (OPE), Department of
Education.
ACTION: Final waivers and extension of project period.
-----------------------------------------------------------------------
SUMMARY: The Secretary waives the requirements in the Education
Department General Administrative Regulations that generally prohibit
project periods exceeding five years and
[[Page 47669]]
project period extensions involving the obligation of additional
Federal funds. The waivers and extension would enable the project under
Catalog of Federal Domestic Assistance (CFDA) number 84.116D to receive
funding for an additional period, not to exceed September 25, 2021.
DATES: The waivers and extension of the project period are effective
August 6, 2020.
FOR FURTHER INFORMATION CONTACT: Shedita Alston, U.S. Department of
Education, 400 Maryland Avenue SW, Room 260-24, Washington, DC 20202.
Telephone: 202-453-7090. Email: [email protected].
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:
Background
On December 16, 2014, Congress passed the Further Consolidated
Appropriations Act, 2015 (2015 Appropriations Act), Public Law 113-235.
As noted in the explanatory statement (2015 Appropriations Act
Explanatory Statement) submitted by the chairman of the Committee on
Appropriations for the U.S. House of Representatives regarding the 2015
Appropriations Act, the appropriations for the Department included
$2,500,000 for a National Center for Information and Technical Support
for Postsecondary Students with Disabilities (the Center), as
authorized by section 777(a) of the of the Higher Education Act of
1965, as amended (HEA). See 160 Cong. Rec. H9307-01, H9841 (Dec. 11,
2014). Section 4 of the 2015 Appropriations Act provides that the 2015
Appropriations Act Explanatory Statement shall have the same effect
with respect to the allocation of funds as if it were a joint
explanatory statement of a committee of conference.
On June 19, 2015, the Department of Education (Department)
published in the Federal Register (80 FR 35323) a notice inviting
applications (2015 NIA) for projects for fiscal year (FY) 2015 under
the National Center for Information and Technical Support for
Postsecondary Students with Disabilities (NCITSPSD) competitive grant
program. The purpose of the Center is to provide technical assistance
and information on best and promising practices for students with
disabilities as they transition to or attend postsecondary education.
In September 2015, the Department made one 48-month award to the
Association on Higher Education and Disability for their project
entitled the ``National Center for College Students with
Disabilities.''
The Department granted the Center a no-cost extension in September
2019, extending the current project period for this grantee through
September 25, 2020.
On December 20, 2019, Congress passed the Further Consolidated
Appropriations Act, 2020 (2020 Appropriations Act), Public Law 116-94.
As noted in the explanatory statement (2020 Appropriations Act
Explanatory Statement) submitted by the chairwoman of the Committee on
Appropriations for the U.S. House of Representatives regarding the 2020
Consolidated Appropriations Act, the appropriations for the Department
included $500,000 for the operation of the Center authorized under
section 777(a) of the HEA. See 165 Cong. Rec. H11061-01, H11083 (Dec.
17, 2019). Section 4 of the 2020 Appropriations Act provides that the
2020 Appropriations Act Explanatory Statement shall have the same
effect with respect to the allocation of funds as if it were a joint
explanatory statement of a committee of conference.
Final Waivers and Extension
The Department is waiving the requirements in 34 CFR 75.250, which
prohibit project periods exceeding five years, and the requirements in
34 CFR 75.261(c)(2), which limit the extension of a project period if
the extension involves the obligation of additional Federal funds. The
waivers and extension would enable the project under CFDA number
84.116D to receive funding for an additional one year period, not to
exceed September 25, 2021.
We are waiving these requirements to provide the necessary time and
funding for the current grantee to complete outstanding project
activities, as outlined in its 2015 grant. Completion of these
activities, including a required biannual report to Congress, is
necessary to fulfill the purpose of the program as outlined in the HEA.
With the awarding of a supplement, the Center will be able to continue
to provide technical assistance and information on best and promising
practices for students with disabilities as they transition to or
attend postsecondary education.
Additionally, the $500,000 amount that was appropriated under the
2020 Appropriations Act is only 20 percent of the amount provided by
Congress for the program in FY 2015 and is insufficient to support a
new, multiyear grant project period. We do not believe that it is the
intent of Congress that the Department run a new grant program
competition for the one year of funding appropriated by the 2020
Appropriations Act, as opposed to providing a supplement to the current
grantee, because doing so would increase the burden on the potential
applicants. Additionally, the comparatively nominal amount of funding
that was appropriated for FY 2020 would create a great hardship for any
newly funded applicant needing to bear responsibility for both start-up
and operational costs, as well as other statutory requirements.
Under these waivers and extension of the project period--
(1) The current grantee is authorized to receive one continuation
award.
(2) The Department will not announce a new competition or make new
awards under the NCITSPSD competitive grant program in FY 2020.
(3) During the extension period, any activities carried out must be
consistent with, or be a logical extension of, the scope, goals, and
objectives of the grantee's approved application from the 2015 NCITSPSD
competition.
(4) The grantee must also continue to comply with the requirements
established in the program regulations and the 2015 NIA.
The waivers of 34 CFR 75.250(a) and 75.261(c)(2) do not affect the
applicability of the requirements in 34 CFR 75.253 (continuation of a
multiyear project after the first budget period) to the current grantee
receiving a continuation award as a result of the waivers.
In addition, these waivers do not exempt the current grantee from
the account-closing provisions in 31 U.S.C. 1552(a), nor do they extend
the availability of funds previously awarded to the current grantee.
Waiver of Notice and Comment Rulemaking and Delayed Effective Date
Under the Administrative Procedure Act
Under the Administrative Procedure Act (APA) (5 U.S.C. 553 et seq.)
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 notice and public comment thereon
are impracticable, unnecessary, or contrary to the public interest. See
5 U.S.C. 553(b)(B).
[[Page 47670]]
As the Court found in Metzenbaum v. Federal Energy Regulatory
Commission, 675 F.2d 1282, 1291 (D.C. Cir. 1982), the opportunity for
notice and comment where there is no discretion is ``unnecessary.'' Id.
(quoting 5 U.S.C. 553(b)(B)). The Court further stated that notice and
comment for such a nondiscretionary action ``might even have been
`contrary to the public interest,' given the expense that would have
been involved in a futile gesture.'' Id. See also Lake Carriers' Ass'n
v. E.P.A., 652 F.3d 1, 10 (D.C. Cir. 2011) (notice and comment
rulemaking ``would have served no purpose'' where agency lacked the
authority to amend or reject the conditions at issue). As this waiver
and extension fulfills our understanding of congressional intent for
the $500,000 appropriated in FY 2020 for the NCITSPSD grant program to
go to the current grantee to fulfill the program's objectives during
this fiscal year, the Department finds that there is similarly good
cause to waive notice and comment rulemaking. The goals of the NCITSPSD
grant program cannot be met by other potential applicants with the
small amount of funding available for the NCITSPSD program in FY 2020.
The APA also requires that a substantive rule must be published at
least 30 days before its effective date, except as otherwise provided
for good cause (5 U.S.C. 553(d)(3)). In addition to the reasons stated
above, a delayed effective date would be contrary to the public
interest because it might prevent the waivers and extension from taking
effect prior to the expiration of the current project period.
Therefore, the Secretary waives the delayed effective date provision
for good cause.
Regulatory Flexibility Act Certification
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 notice of waivers and extension of project period 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.
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.
Robert L. King,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2020-17145 Filed 8-4-20; 11:15 am]
BILLING CODE 4000-01-P
