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Department of Education Vol. 81 Friday, No. 161 August 19, 2016 Part III Department of Education 34 CFR Parts 367, 369, 370, et al. Workforce Innovation and Opportunity Act, Miscellaneous Program Changes; Final Rule VerDate Sep<11>2014 17:03 Aug 18, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19AUR3.SGM 19AUR3 mstockstill on DSK3G9T082PROD with RULES3 55562 Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Rules and Regulations DEPARTMENT OF EDUCATION program, 34 CFR part 371 (formerly Finally, as part of this update, the known as ‘‘Vocational Rehabilitation Secretary removes regulations that are 34 CFR Parts 367, 369, 370, 371, 373, Service Projects for American Indians superseded or obsolete and consolidates 376, 377, 379, 381, 385, 386, 387, 388, with Disabilities’’); regulations, where appropriate. In 389, 390, and 396 • The Rehabilitation National addition to removing portions of 34 CFR [Docket No. 2015–ED–OSERS–0002] Activities program, 34 CFR part 373 part 369 pertaining to specific programs (formerly known as ‘‘Special whose statutory authority was repealed RIN 1820–AB71 Demonstration Projects’’); under WIOA (i.e., Migrant Workers • The Protection and Advocacy of program, the Recreational Programs, and Workforce Innovation and Opportunity Individual Rights (PAIR) program, 34 the Projects With Industry program), the Act, Miscellaneous Program Changes CFR part 381; Secretary is removing the remaining AGENCY: Office of Special Education and • The Rehabilitation Training portions of the Part 369 regulations. The Rehabilitative Services, Department of program, 34 CFR part 385; Secretary is also removing parts 376, Education. • The Rehabilitation Long-Term 377, and 389. ACTION: Final Regulations. Training program, 34 CFR part 386; Public Comment • The Innovative Rehabilitation SUMMARY: The Secretary amends the Training program, 34 CFR part 387 On April 16, 2015, the Secretary regulations governing a number of (formerly known as the ‘‘Experimental published a notice of proposed programs administered by the and Innovative Training’’); rulemaking (NPRM) for these programs Rehabilitation Services Administration • The Training of Interpreters for in the Federal Register (80 FR 20988). (RSA) to implement changes to the Individuals Who are Deaf or Hard of In response to our invitation in the Rehabilitation Act of 1973 (Act) made Hearing and Individuals who are Deaf- NPRM, more than 100 parties submitted by the Workforce Innovation and Blind program, 34 CFR part 396 comments on the proposed regulations. Opportunity Act, signed on July 22, (formerly known as the ‘‘Training of Because the amendments described in 2014. Interpreters for Individuals Who are these final regulations are so many and The Secretary also implements Deaf and Individuals who are Deaf- varied, we first discuss those programs changes to the Act made by the Blind program’’). whose regulations we amend and do not Workforce Investment Act of 1998, WIOA also repealed the statutory remove. We discuss these programs in signed on August 7, 1998, that have not authority for four programs, and the the order in which their parts appear in previously been implemented in Secretary, therefore, removes their the Code of Federal Regulations (CFR). regulations, and otherwise updates, corresponding regulations. These For each part, we provide a summary of clarifies, and improves RSA’s current programs and regulations are: the changes we proposed, a summary of regulations. • Vocational Rehabilitation Service the differences between the proposed DATES: This final rule is effective Projects for Migratory Agricultural regulations and these final regulations, September 19, 2016, except the removal Workers and Seasonal Farmworkers and a detailed discussion of the public of part 388, amendatory instruction 13, with Disabilities (Migrant Workers) comment we received on the proposed is effective on October 1, 2016. program, portions of 34 CFR part 369; regulations. We then discuss those FOR FURTHER INFORMATION CONTACT: Ed • Projects for Initiating Special programs whose regulations we remove. Anthony, U.S. Department of Education, Recreation Programs for Individuals Generally, we do not address technical 400 Maryland Avenue SW., Room 5086 with Disabilities (Recreational and other minor changes. PCP, Washington, DC 20202–2800. programs), portions of 34 CFR part 369; Independent Living Services for Older • Telephone: (202) 245–7488, or by email: Projects with Industry, 34 CFR part Individuals who are Blind (OIB), 34 [email protected]. 379 and portions of part 369; and CFR Part 367 If you use a telecommunications • The State Vocational Rehabilitation device for the deaf (TDD) or a text Unit In-Service Training program, 34 Summary of Changes telephone (TTY), call the Federal Relay CFR part 388. In the preamble of the NPRM, we Service (FRS), toll free at 1–800–877– In addition, the Secretary implements discussed on pages 20989 through 8339. changes to the Act made by the 20991 the major changes proposed to SUPPLEMENTARY INFORMATION: Workforce Investment Act of 1998 part 367 implementing the amendments (WIA), signed into law August 7, 1998 to the OIB program made by WIOA. Background (Pub. L. 105–220). These changes were These included a requirement that not The Secretary amends the regulations not previously implemented in the OIB, less than 1.8 percent and not more than governing a number of programs CAP, AIVRS, and PAIR program 2 percent of the funds for this program administered by the Rehabilitation regulations, and the Secretary now be reserved to provide training and Services Administration (RSA) to makes these changes in the applicable technical assistance to designated State implement changes to the Rehabilitation regulations. agencies (DSA) or other providers of Act of 1973 (Act) made by the Separate and apart from amendments independent living services for older Workforce Innovation and Opportunity to the Act made by WIOA and WIA, the individuals who are blind. Act (WIOA), signed on July 22, 2014 Secretary updates and clarifies the In addition, we proposed to (Pub. L. 113–128). These programs and regulations governing the various incorporate into part 367 the text of their corresponding regulations are: rehabilitation training programs—34 relevant provisions of parts 364 and 365 • The Independent Living Services CFR parts 373, 385, 386, 387, and 396— regarding general independent living for Older Individuals Who Are Blind and 34 CFR part 390, which governs the and State independent living services (OIB) program, 34 CFR part 367; Rehabilitation Short-Term Training that were previously incorporated only • The Client Assistance Program program. These regulations have not by reference. (CAP), 34 CFR part 370; been updated in some time, and There are five differences between the • The American Indian Vocational updating them now is intended to NPRM and these final regulations. As a Rehabilitation Services (AIVRS) improve how these programs function. result of our further review, we add the VerDate Sep<11>2014 17:03 Aug 18, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19AUR3.SGM 19AUR3 mstockstill on DSK3G9T082PROD with RULES3 Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Rules and Regulations 55563 entities eligible to apply for awards assessment and allow for these costs to specifies that the DSA may use funds under the training and technical be met by the VR program. under part 367 for activities described assistance funding in § 367.21; we revise Discussion: We appreciate the in § 367.1 and § 367.5(b), it does not § 367.24 to give the Secretary the commenter’s support for ‘‘employment require the DSA to provide the full array discretion to conduct the application first,’’ which regards employment as the of services and activities that the process and make the subsequent award preferred option for individuals of Secretary may fund. In fact, many of in accordance with 34 CFR part 75, but working age. However, we understand these IL services and activities may also not require it; we clarify in §§ 367.65 that many older individuals with vision be provided under title VII, chapter 1 of and 367.66 requirements for the use of loss may not believe that employment is the Act, and older individuals who are program income; we address in a new an option for them. The purpose of the blind may be referred to these programs, § 367.67 the financial participation by OIB program is to provide IL services to which include CILs, for services that consumers served by the OIB program; individuals age 55 or older whose may not be specific to the vision-related and we revise § 367.69 by requiring that significant visual impairment makes services traditionally provided by the designated State agencies and other competitive employment extremely OIB program. However, the broad scope service providers enter into written difficult but for whom IL goals are of IL services that an OIB program may agreements when sharing personal feasible. Individuals served by the OIB provide allows the program to information with entities and program who subsequently express an determine what array of services and organizations for the purpose of interest in employment during or after activities it will provide and to evaluations, audits, research, and other receiving OIB services may be referred individualize services according to program purposes. We also make other, at any time to the VR program; however, need. minor technical changes. there is no statutory authority to require
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