[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Pages 50201-50202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20606]


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DEPARTMENT OF EDUCATION

[CFDA No. 84.326H]


National Early Childhood Technical Assistance Center; Final 
Extension of Project Period and Waiver

AGENCY: Office of Special Education Programs, Office of Special 
Education and Rehabilitative Services, Department of Education.

ACTION: Notice of final extension of project period and waiver for the 
National Early Childhood Technical Assistance Center.

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SUMMARY: The Secretary issues this notice to waive the requirements in 
the Education Department General Administrative Regulations (EDGAR) 
that generally prohibit project periods exceeding five years and 
extensions of project periods involving the obligation of additional 
Federal funds. This extension of project period and waiver enables the 
currently funded National Early Childhood Technical Assistance Center 
to receive funding from October 1, 2011 through September 30, 2012.

DATES: The extension of project period and waiver is effective August 
12, 2011.

FOR FURTHER INFORMATION CONTACT: Julia Martin Eile, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4056, Potomac Center Plaza 
(PCP), Washington, DC 20202-2550. Telephone: (202) 245-7431.
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll-free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On June 7, 2011, the Department published a 
notice in the Federal Register (76 FR 32967) proposing an extension of 
project period and a waiver of 34 CFR 75.250 and 75.261(a) and (c) in 
order to--
    (1) Enable the Secretary to provide additional funds to the 
currently funded National Early Childhood Technical Assistance Center 
(NECTAC) for an additional 12-month period, from October 1, 2011, 
through September 30, 2012; and
    (2) Request comments on the proposed extension of project period 
and waiver.
    There are no substantive differences between the notice of proposed 
extension of project period and waiver and this notice of final 
extension of project period and waiver.

Public Comment

    In response to our invitation in the notice of proposed extension 
of project period and waiver, we did not receive any substantive 
comments. Generally we do not address comments that do not express 
views on the substance of the notice of proposed extension of project 
period and waiver.

Waiver of Delayed Effective Date

    The Administrative Procedure Act 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)). We received no 
substantive comments on the notice of proposed extension of project 
period and waiver, and we have not made any substantive changes to the 
proposal. The Secretary has therefore determined to waive the delayed 
effective date to ensure a timely continuation grant to the entity 
affected.

Background

    On April 28, 2006, the Department published a notice in the Federal 
Register (71 FR 25163) inviting applications for new awards for fiscal 
year (FY) 2006 for NECTAC. The purpose of the NECTAC, which was funded 
under the Technical Assistance and Dissemination to Improve Services 
and Results for Children with Disabilities (TA&D) program, authorized 
under section 663 of the Individuals with Disabilities Education Act 
(IDEA), 20 U.S.C. 1463, is to ensure that eligible infants, toddlers, 
and children with disabilities (ages birth through five years) receive, 
as appropriate, services under Parts B and C of IDEA that ultimately 
improve their developmental and early learning outcomes. Another 
purpose of the NECTAC is to ensure that the families of eligible 
infants, toddlers, and children receiving services under Part C of IDEA 
receive services necessary to enhance families' capacity to meet the 
developmental needs of their infants, toddlers, or children.
    Based on the 2006 notice inviting applications, the Department made 
one award for a period of 60 months to the University of North Carolina 
at Chapel Hill to carry out the activities of the NECTAC.
    Currently, the NECTAC focuses on providing technical assistance to 
strengthen State and local early childhood systems and improve outcomes 
for infants, toddlers, and children with disabilities and families of 
infants, toddlers, and children receiving services under Part C of 
IDEA.
    The NECTAC's current project period is scheduled to end on 
September 30, 2011. We believe that it is not in the public interest to 
hold a new competition under this program in 2011 to fund a new NECTAC. 
An extension of the current grantee's project will align the end of the 
current NECTAC project period with the expiration of the project period 
for the Technical Assistance Center on Social-Emotional Intervention 
for Young Children (CFDA No. 84.326B) and allow for the Department to 
develop a strategic and better coordinated approach to early childhood 
special education technical assistance without there being a lapse in 
the provision of technical assistance services currently provided by 
the NECTAC. We also have concluded that it is not in the public

[[Page 50202]]

interest to have a lapse in the provision of the resources currently 
provided by the NECTAC.
    For these reasons, the Secretary waives the requirements in 34 CFR 
75.250, which prohibit project periods exceeding five years; waives the 
requirements in 34 CFR 75.261(a) and (c), which limit the extension of 
a project period if the extension involves the obligation of additional 
Federal funds; and issues a continuation award under 34 CFR 75.253 in 
the amount of $3,000,000 to the University of North Carolina at Chapel 
Hill (H326H060005) to operate the NECTAC for an additional 12-month 
period.
    Waiving these regulations and issuing this continuation award 
ensure that technical assistance is available to strengthen State and 
local early childhood systems and improve outcomes for infants, 
toddlers, and children with disabilities and families of infants, 
toddlers, and children receiving services under Part C of IDEA.
    With this final extension of project period and waiver, the NECTAC 
will conduct the following activities during FY 2012:
    (a) Develop products and services to respond to State needs 
prioritized on the basis of results of current needs-analyses and 
syntheses.
    (b) Provide coordinated individualized and multi-State technical 
assistance services to address high-priority needs.
    (c) Support State-specific technical assistance efforts specified 
by the Department's Office of Special Education Programs.
    (d) Coordinate with other relevant national and State-level 
technical assistance efforts.
    (e) Disseminate documents to a wide audience, including State and 
local directors of special education.
    (f) Maintain the NECTAC's Web site.

Regulatory Flexibility Act Certification

    The Secretary certifies that this final extension of project period 
and waiver will not have a significant economic impact on a substantial 
number of small entities. The only entities that will be affected are 
the current grantee serving as the NECTAC and any other potential 
applicants.

Paperwork Reduction Act of 1995

    The final extension of project period and the waiver do not contain 
any information collection requirements.

Intergovernmental Review

    This program is subject to the requirements of 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 computer diskette) 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: http://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 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: http://www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: August 9, 2011.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2011-20606 Filed 8-11-11; 8:45 am]
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