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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

of the Act, to serve children beyond age three. In FY 2009, the appropriation exceeded $460,000,000 due to the enactment of ARRA and the Department reserved funding for SIG grants under section 643(c) of the Act. The Department received applications from, and made SIG grants to, two States that submitted policies under section 635(c) of the Act to serve children beyond age three and four. No States applied to implement section 635(c) of the Act in FY 2005 through FY 2008 or FY 2010, which the Department believes can be explained by the lack of funding in those years for the SIG grants.

Changes: We have added language to §303.734(a) to clarify

that a State that makes Part C services available according

to a subset of children specified in §303.211(a)(2) would

be eligible for any funds available pursuant to section 643(e) of the Act.

Executive Order 12866

Regulatory Impact Analysis

Under Executive Order 12866, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with these final regulations are those resulting from statutory requirements and those we have determined to be necessary for administering this program effectively and efficiently.