Final Waiver and Extension of the Project Period; Native Hawaiian Career and Technical Education Program, 38672-38674 [2015-16622]
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38672
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
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Dated: July 1, 2015.
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Officer, Department of Defense.
[FR Doc. 2015–16578 Filed 7–6–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
[Catalog of Federal Domestic Assistance
(CFDA) Number: 84.259A.]
Final Waiver and Extension of the
Project Period; Native Hawaiian Career
and Technical Education Program
Office of Career, Technical, and
Adult Education, Department of
Education.
ACTION: Final waiver and extension of
the project period.
AGENCY:
For the 24-month projects
funded in fiscal year (FY) 2013 under
the Native Hawaiian Career and
Technical Education Program
(NHCTEP), the Secretary waives the
requirements that generally prohibit
project period extensions involving the
obligation of additional Federal funds.
The Secretary also extends the project
period of the seven current grants for up
to an additional 24 months. This
enables the current NHCTEP grantees to
request and continue to receive Federal
funding annually for project periods
through FY 2016 and possibly through
FY 2017.
DATES: The waiver and extension of the
project period is effective July 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Linda Mayo, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 11075, Potomac Center Plaza,
Washington, DC 20202–7241.
Telephone: (202) 245–7792, or by email
at: linda.mayo@ed.gov.
If you use a telecommunications
device for the deaf or a text telephone,
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:31 Jul 06, 2015
Jkt 235001
call the Federal Relay Service, toll free,
at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: On
February 10, 2015, we published in the
Federal Register (80 FR 7379) a
proposed waiver of 34 CFR 75.261(a)
and (c)(2) and extension of the project
period (proposed waiver and extension)
in order to—
(1) Enable the Secretary to provide
additional funds to the current NHCTEP
grantees with FY 2015 funds and
possibly FY 2016 funds for project
periods through FY 2016 and possibly
through FY 2017; and
(2) Request comments on the
proposed waiver and extension.
There are no substantive differences
between the proposed waiver and
extension and the final waiver and
extension.
Public Comment: In response to our
invitation in the proposed waiver and
extension, we received six comments.
Generally, we do not address comments
that raise concerns not related to the
proposed waiver and extension.
Analysis of Comments and Discussion
An analysis of the comments received
in response to the proposed waiver and
extension follows.
Comment: Almost all commenters
supported the proposed waiver and
extension of the NHCTEP project
period. The commenters provided
various reasons for their support of the
waiver and extension, including the
great need for funding beyond the twoyear project period.
One commenter, who supported the
proposed waiver and extension, stated
that an abrupt suspension in the
NHCTEP grantees’ training services, as
well as outreach, recruitment, academic,
and retention efforts, would be
detrimental to students who would then
have to rely on welfare services instead
of vocational training opportunities.
Another commenter stated that the
continuity of funding would be a
tremendous stabilizing benefit to the
program and students. The commenter
further stated that NHCTEP grantees
have placed students in well-paying
jobs with opportunities for advancement
and the continuity of support would be
more effective in maintaining their highquality services. The commenter
expressed the view that the extension
would also help maximize their
recruitment efforts, as well as positively
affect the direct participation and
completion of the Native Hawaiian
students enrolled in NHCTEP-funded
projects.
Two commenters indicated that the
continuation of an existing NHCTEP
grantee’s program and its consortium of
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
sub-grantees would allow them to
continue to provide valued career and
technical education (CTE) services to
Native Hawaiian students, including
special needs students. Also, the
commenters stated that continuation
grant awards would allow the
consortium to continue providing
specialized CTE training that would
maximize both the participation and
completion of Native Hawaiian
students.
Finally, a commenter stated that the
proposed waiver and extension would
allow NHCTEP-funded projects more
time to prepare Native Hawaiian high
school students for postsecondary
training or the workforce.
Discussion: We appreciate the support
of the commenters and agree that
extending the current NHCTEP grant
period will allow current NHCTEP
grantees to continue to work toward
accomplishing the goals and objectives
stated in their 2013 NHCTEP grant
applications, including providing
specialized CTE training to Native
Hawaiian students. We agree that it is
important that there not be a lapse in
programming provided by NHCTEP
grantees to CTE students.
Changes: None.
Comment: One commenter asked why
the Department used the notice and
comment procedures of the
Administrative Procedure Act (APA) for
this proposed waiver and extension.
The commenter characterized the
waiver and extension as a general
statement of policy that would not fall
within the APA’s notice and comment
rulemaking requirements, and inquired
as to why the Department treated the
waiver and extension differently. The
commenter also cited the APA’s
exception of interpretive rules and
statements of policy from the
requirement for rules to have an
effective date no fewer than 30 days
after their date of publication.
Discussion: The APA defines a ‘‘rule’’
as ‘‘an agency statement of general or
particular applicability and future effect
designed to implement, interpret, or
prescribe law or policy’’ and requires
agencies to follow notice and comment
procedures when formulating,
amending, or repealing rules. 5 U.S.C.
551, 553. As the commenter notes, the
APA provides some exceptions to this
requirement. For instance, absent
another statute to the contrary, the APA
exempts ‘‘interpretative rules, general
statements of policy, or rules of agency
organization, procedure, or practice’’
from its notice and comment
rulemaking requirements. 5 U.S.C.
553(b)(A). In addition, the APA exempts
‘‘matter[s] relating to . . . loans, grants,
E:\FR\FM\07JYN1.SGM
07JYN1
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
benefits, or contracts’’ from notice and
comment rulemaking. 5 U.S.C. 553(a)(2).
However, the General Education
Provisions Act limits applicability of the
APA’s grants exemption to regulations
(1) governing the first grant program
under a new or substantially revised
program authority, or (2) where the
Secretary finds that use of notice and
comment rulemaking would cause
‘‘extreme hardship to the intended
beneficiaries of the program affected by
such regulations.’’ 20 U.S.C. 1232(d).
Neither of those two exceptions was
applicable. As a result, the Department
followed its standard practice of
utilizing notice and comment
rulemaking procedures for rules
governing its grant programs.
The commenter is correct that the
proposed waiver and extension could
arguably be construed as an interpretive
rule, which would not require use of the
APA’s notice and comment procedures.
See 5 U.S.C. 553(b)(A). However, it is
the Department’s general practice to err
on the side of providing the public with
more openness, accessibility and
transparency into its actions whenever
practicable. This is especially true
where, as here, no party is likely to be
adversely affected by the Department’s
decision to seek notice and comment.
Changes: None.
Background
NHCTEP, authorized by section 116 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (the Perkins Act),
supports grants to community-based
organizations primarily serving and
representing Native Hawaiians. Under
this program, grantees carry out projects
that provide organized educational
activities offering a sequence of courses
that—
(a) Provides individuals with coherent
and rigorous content aligned with
challenging academic standards and
relevant technical knowledge and skills
needed to prepare for further education
and careers in current or emerging
professions;
(b) Provides technical skill
proficiency, an industry-recognized
credential, a certificate, or an associate
degree; and
(c) Includes competency-based
applied learning that contributes to the
academic knowledge, higher-order
reasoning and problem-solving skills,
work attitudes, general employability
skills, technical and occupation-specific
skills, and knowledge of all aspects of
an industry, including
entrepreneurship, of an individual.
Projects may include prerequisite
courses (other than remedial courses)
that meet the definitional requirements
VerDate Sep<11>2014
20:31 Jul 06, 2015
Jkt 235001
of section 3(5)(A) of the Perkins Act (20
U.S.C. 2302(5)(A)).
On June 14, 2013, we published in the
Federal Register (78 FR 35877) a notice
inviting applications for NHCTEP grants
(2013 NIA). Although the Secretary
invited applications with a proposed
project period of five years in previous
NHCTEP competitions, in 2013, in
anticipation of congressional
reauthorization of the Perkins Act, the
Department invited applications with
proposed project periods of two years.
The project periods for the NHCTEP
projects funded under the 2013 NIA are
scheduled to end in FY 2015. Because
there is the potential for changes in the
Perkins Act for NHCTEP beyond 2015,
we do not believe it is in the public
interest to hold a new NHCTEP
competition in FY 2015 for projects that
may then operate for just one year, or to
announce a competition under which
eligible entities would be expected to
proceed through the application
preparation and submission process
while lacking critical information about
the future of the program. Further, we
do not think that it is in the public
interest to have a lapse in the services
currently provided by the NHCTEP
grantees.
For these reasons, the Secretary
waives the requirements of 34 CFR
75.261(a) and (c)(2) that generally
prohibit project period extensions
involving the obligation of additional
Federal funds and extends the NHCTEP
project period for up to 24 months. The
waiver and extension will allow the
current NHCTEP grantees to request and
receive Federal funding annually for
project periods through FY 2016 and
possibly through FY 2017. We will fund
the extended project period by using
funds appropriated for FY 2015 or FY
2016, depending on whether the grants
are extended for one or two years.
Any activities carried out during the
period of a NHCTEP continuation award
will have to be consistent with, or a
logical extension of, the scope, goals,
and objectives of the grantee’s
application as approved in the FY 2013
NHCTEP competition. The requirements
applicable to continuation awards for
this competition set forth in the 2013
NIA and the requirements in 34 CFR
75.253 will apply to any continuation
awards sought by the current NHCTEP
grantees. We will base our decisions
regarding continuation awards on the
program narratives, budgets, budget
narratives, and program performance
reports submitted by the current
grantees, and the requirements in 34
CFR 75.253.
The waiver and extension will not
exempt the current NHCTEP grantees
PO 00000
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Fmt 4703
Sfmt 4703
38673
from the appropriation account closing
provisions of 31 U.S.C. 1552(a), nor will
they extend the availability of funds
previously awarded to current NHCTEP
grantees. As a result of 31 U.S.C.
1552(a), appropriations available for a
limited period may be used for payment
of valid obligations for only five years
after the expiration of their period of
availability for Federal obligation. After
that time, the unexpended balance of
those funds is canceled and returned to
the U.S. Department of the Treasury and
is unavailable for restoration for any
purpose (31 U.S.C. 1552(b)).
Regulatory Flexibility Act Certification
The Secretary certifies that the final
waiver and extension and the activities
required to support additional years of
funding will not have a significant
economic impact on a substantial
number of small entities. The small
entities that will be affected by this
waiver and extension are the seven
currently funded NHCTEP grantees and
any potential applicants.
The Secretary further certifies that the
final waiver and extension will not have
a significant economic impact on these
entities because the extension of an
existing project imposes minimal
compliance costs, and the activities
required to support the additional years
of funding will not impose additional
regulatory burdens or require
unnecessary Federal supervision.
Paperwork Reduction Act of 1995
This waiver and extension does not
contain any information collection
requirements.
Intergovernmental Review
NHCTEP is not subject to Executive
Order 12372 and the regulations in 34
CFR part 79.
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. 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: 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 this site.
E:\FR\FM\07JYN1.SGM
07JYN1
38674
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
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.
Dated: July 1, 2015.
Johan E. Uvin,
Acting Assistant Secretary for Career,
Technical, and Adult Education.
[FR Doc. 2015–16622 Filed 7–6–15; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[Docket No.: ED–2015–ICCD–0026]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
William D. Ford Federal Direct Loan
Program: Internship/Residency and
Loan Debt Burden Forbearance Forms
Federal Student Aid (FSA),
Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 3501 et seq.), ED is
proposing a revision of an existing
information collection.
DATES: Interested persons are invited to
submit comments on or before August 6,
2015.
ADDRESSES: Comments submitted in
response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov by selecting
Docket ID number ED–2015–ICCD–0026
or via postal mail, commercial delivery,
or hand delivery. If the regulations.gov
site is not available to the public for any
reason, ED will temporarily accept
comments at ICDocketMgr@ed.gov.
Please note that comments submitted by
fax or email and those submitted after
the comment period will not be
accepted; ED will ONLY accept
comments during the comment period
in this mailbox when the regulations.gov
site is not available. Written requests for
information or comments submitted by
postal mail or delivery should be
addressed to the Director of the
Information Collection Clearance
Division, U.S. Department of Education,
400 Maryland Avenue SW., LBJ,
Mailstop L–OM–2–2E319, Room 2E103,
Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:31 Jul 06, 2015
Jkt 235001
activities, please contact Ian Foss, 202–
377–3681.
The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: William D. Ford
Federal Direct Loan Program:
Internship/Residency and Loan Debt
Burden Forbearance Forms.
OMB Control Number: 1845–0018.
Type of Review: A revision of an
existing information collection.
Respondents/Affected Public:
Individuals or Households.
Total Estimated Number of Annual
Responses: 27,042.
Total Estimated Number of Annual
Burden Hours: 6,393.
Abstract: These forms serve as the
means by which borrowers in the
William D. Ford Federal Direct Loan
(Direct Loan), Federal Family Education
Loan (FFEL) and the Federal Perkins
Loan (Perkins Loan) Programs may
request forbearance of repayment on
their loans if they meet certain
conditions. The U.S. Department of
Education and other loan holders uses
the information collected on these forms
to determine whether a borrower meets
the eligibility requirements for the
specific type of forbearance.
SUPPLEMENTARY INFORMATION:
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Frm 00014
Fmt 4703
Sfmt 4703
Dated: July 1, 2015.
Kate Mullan,
Acting Director, Information Collection
Clearance Division, Office of the Chief Privacy
Officer, Office of Management.
[FR Doc. 2015–16581 Filed 7–6–15; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[Docket No.: ED–2015–ICCD–0028]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
William D. Ford Federal Direct Loan
Program Deferment Request Forms
Federal Student Aid (FSA),
Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 3501 et seq.), ED is
proposing a revision of an existing
information collection.
DATES: Interested persons are invited to
submit comments on or before August 6,
2015.
ADDRESSES: Comments submitted in
response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov by selecting
Docket ID number ED–2015–ICCD–0028
or via postal mail, commercial delivery,
or hand delivery. If the regulations.gov
site is not available to the public for any
reason, ED will temporarily accept
comments at ICDocketMgr@ed.gov.
Please note that comments submitted by
fax or email and those submitted after
the comment period will not be
accepted; ED will ONLY accept
comments during the comment period
in this mailbox when the regulations.gov
site is not available. Written requests for
information or comments submitted by
postal mail or delivery should be
addressed to the Director of the
Information Collection Clearance
Division, U.S. Department of Education,
400 Maryland Avenue SW, LBJ,
Mailstop L–OM–2–2E319, Room 2E103,
Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Ian Foss, 202–
377–3681.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
SUMMARY:
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38672-38674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16622]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[Catalog of Federal Domestic Assistance (CFDA) Number: 84.259A.]
Final Waiver and Extension of the Project Period; Native Hawaiian
Career and Technical Education Program
AGENCY: Office of Career, Technical, and Adult Education, Department of
Education.
ACTION: Final waiver and extension of the project period.
-----------------------------------------------------------------------
SUMMARY: For the 24-month projects funded in fiscal year (FY) 2013
under the Native Hawaiian Career and Technical Education Program
(NHCTEP), the Secretary waives the requirements that generally prohibit
project period extensions involving the obligation of additional
Federal funds. The Secretary also extends the project period of the
seven current grants for up to an additional 24 months. This enables
the current NHCTEP grantees to request and continue to receive Federal
funding annually for project periods through FY 2016 and possibly
through FY 2017.
DATES: The waiver and extension of the project period is effective July
7, 2015.
FOR FURTHER INFORMATION CONTACT: Linda Mayo, U.S. Department of
Education, 400 Maryland Avenue SW., Room 11075, Potomac Center Plaza,
Washington, DC 20202-7241. Telephone: (202) 245-7792, or by email at:
linda.mayo@ed.gov.
If you use a telecommunications device for the deaf or a text
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.
SUPPLEMENTARY INFORMATION: On February 10, 2015, we published in the
Federal Register (80 FR 7379) a proposed waiver of 34 CFR 75.261(a) and
(c)(2) and extension of the project period (proposed waiver and
extension) in order to--
(1) Enable the Secretary to provide additional funds to the current
NHCTEP grantees with FY 2015 funds and possibly FY 2016 funds for
project periods through FY 2016 and possibly through FY 2017; and
(2) Request comments on the proposed waiver and extension.
There are no substantive differences between the proposed waiver
and extension and the final waiver and extension.
Public Comment: In response to our invitation in the proposed
waiver and extension, we received six comments. Generally, we do not
address comments that raise concerns not related to the proposed waiver
and extension.
Analysis of Comments and Discussion
An analysis of the comments received in response to the proposed
waiver and extension follows.
Comment: Almost all commenters supported the proposed waiver and
extension of the NHCTEP project period. The commenters provided various
reasons for their support of the waiver and extension, including the
great need for funding beyond the two-year project period.
One commenter, who supported the proposed waiver and extension,
stated that an abrupt suspension in the NHCTEP grantees' training
services, as well as outreach, recruitment, academic, and retention
efforts, would be detrimental to students who would then have to rely
on welfare services instead of vocational training opportunities.
Another commenter stated that the continuity of funding would be a
tremendous stabilizing benefit to the program and students. The
commenter further stated that NHCTEP grantees have placed students in
well-paying jobs with opportunities for advancement and the continuity
of support would be more effective in maintaining their high-quality
services. The commenter expressed the view that the extension would
also help maximize their recruitment efforts, as well as positively
affect the direct participation and completion of the Native Hawaiian
students enrolled in NHCTEP-funded projects.
Two commenters indicated that the continuation of an existing
NHCTEP grantee's program and its consortium of sub-grantees would allow
them to continue to provide valued career and technical education (CTE)
services to Native Hawaiian students, including special needs students.
Also, the commenters stated that continuation grant awards would allow
the consortium to continue providing specialized CTE training that
would maximize both the participation and completion of Native Hawaiian
students.
Finally, a commenter stated that the proposed waiver and extension
would allow NHCTEP-funded projects more time to prepare Native Hawaiian
high school students for postsecondary training or the workforce.
Discussion: We appreciate the support of the commenters and agree
that extending the current NHCTEP grant period will allow current
NHCTEP grantees to continue to work toward accomplishing the goals and
objectives stated in their 2013 NHCTEP grant applications, including
providing specialized CTE training to Native Hawaiian students. We
agree that it is important that there not be a lapse in programming
provided by NHCTEP grantees to CTE students.
Changes: None.
Comment: One commenter asked why the Department used the notice and
comment procedures of the Administrative Procedure Act (APA) for this
proposed waiver and extension. The commenter characterized the waiver
and extension as a general statement of policy that would not fall
within the APA's notice and comment rulemaking requirements, and
inquired as to why the Department treated the waiver and extension
differently. The commenter also cited the APA's exception of
interpretive rules and statements of policy from the requirement for
rules to have an effective date no fewer than 30 days after their date
of publication.
Discussion: The APA defines a ``rule'' as ``an agency statement of
general or particular applicability and future effect designed to
implement, interpret, or prescribe law or policy'' and requires
agencies to follow notice and comment procedures when formulating,
amending, or repealing rules. 5 U.S.C. 551, 553. As the commenter
notes, the APA provides some exceptions to this requirement. For
instance, absent another statute to the contrary, the APA exempts
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice'' from its notice and
comment rulemaking requirements. 5 U.S.C. 553(b)(A). In addition, the
APA exempts ``matter[s] relating to . . . loans, grants,
[[Page 38673]]
benefits, or contracts'' from notice and comment rulemaking. 5 U.S.C.
553(a)(2).
However, the General Education Provisions Act limits applicability
of the APA's grants exemption to regulations (1) governing the first
grant program under a new or substantially revised program authority,
or (2) where the Secretary finds that use of notice and comment
rulemaking would cause ``extreme hardship to the intended beneficiaries
of the program affected by such regulations.'' 20 U.S.C. 1232(d).
Neither of those two exceptions was applicable. As a result, the
Department followed its standard practice of utilizing notice and
comment rulemaking procedures for rules governing its grant programs.
The commenter is correct that the proposed waiver and extension
could arguably be construed as an interpretive rule, which would not
require use of the APA's notice and comment procedures. See 5 U.S.C.
553(b)(A). However, it is the Department's general practice to err on
the side of providing the public with more openness, accessibility and
transparency into its actions whenever practicable. This is especially
true where, as here, no party is likely to be adversely affected by the
Department's decision to seek notice and comment.
Changes: None.
Background
NHCTEP, authorized by section 116 of the Carl D. Perkins Career and
Technical Education Act of 2006 (the Perkins Act), supports grants to
community-based organizations primarily serving and representing Native
Hawaiians. Under this program, grantees carry out projects that provide
organized educational activities offering a sequence of courses that--
(a) Provides individuals with coherent and rigorous content aligned
with challenging academic standards and relevant technical knowledge
and skills needed to prepare for further education and careers in
current or emerging professions;
(b) Provides technical skill proficiency, an industry-recognized
credential, a certificate, or an associate degree; and
(c) Includes competency-based applied learning that contributes to
the academic knowledge, higher-order reasoning and problem-solving
skills, work attitudes, general employability skills, technical and
occupation-specific skills, and knowledge of all aspects of an
industry, including entrepreneurship, of an individual. Projects may
include prerequisite courses (other than remedial courses) that meet
the definitional requirements of section 3(5)(A) of the Perkins Act (20
U.S.C. 2302(5)(A)).
On June 14, 2013, we published in the Federal Register (78 FR
35877) a notice inviting applications for NHCTEP grants (2013 NIA).
Although the Secretary invited applications with a proposed project
period of five years in previous NHCTEP competitions, in 2013, in
anticipation of congressional reauthorization of the Perkins Act, the
Department invited applications with proposed project periods of two
years. The project periods for the NHCTEP projects funded under the
2013 NIA are scheduled to end in FY 2015. Because there is the
potential for changes in the Perkins Act for NHCTEP beyond 2015, we do
not believe it is in the public interest to hold a new NHCTEP
competition in FY 2015 for projects that may then operate for just one
year, or to announce a competition under which eligible entities would
be expected to proceed through the application preparation and
submission process while lacking critical information about the future
of the program. Further, we do not think that it is in the public
interest to have a lapse in the services currently provided by the
NHCTEP grantees.
For these reasons, the Secretary waives the requirements of 34 CFR
75.261(a) and (c)(2) that generally prohibit project period extensions
involving the obligation of additional Federal funds and extends the
NHCTEP project period for up to 24 months. The waiver and extension
will allow the current NHCTEP grantees to request and receive Federal
funding annually for project periods through FY 2016 and possibly
through FY 2017. We will fund the extended project period by using
funds appropriated for FY 2015 or FY 2016, depending on whether the
grants are extended for one or two years.
Any activities carried out during the period of a NHCTEP
continuation award will have to be consistent with, or a logical
extension of, the scope, goals, and objectives of the grantee's
application as approved in the FY 2013 NHCTEP competition. The
requirements applicable to continuation awards for this competition set
forth in the 2013 NIA and the requirements in 34 CFR 75.253 will apply
to any continuation awards sought by the current NHCTEP grantees. We
will base our decisions regarding continuation awards on the program
narratives, budgets, budget narratives, and program performance reports
submitted by the current grantees, and the requirements in 34 CFR
75.253.
The waiver and extension will not exempt the current NHCTEP
grantees from the appropriation account closing provisions of 31 U.S.C.
1552(a), nor will they extend the availability of funds previously
awarded to current NHCTEP grantees. As a result of 31 U.S.C. 1552(a),
appropriations available for a limited period may be used for payment
of valid obligations for only five years after the expiration of their
period of availability for Federal obligation. After that time, the
unexpended balance of those funds is canceled and returned to the U.S.
Department of the Treasury and is unavailable for restoration for any
purpose (31 U.S.C. 1552(b)).
Regulatory Flexibility Act Certification
The Secretary certifies that the final waiver and extension and the
activities required to support additional years of funding will not
have a significant economic impact on a substantial number of small
entities. The small entities that will be affected by this waiver and
extension are the seven currently funded NHCTEP grantees and any
potential applicants.
The Secretary further certifies that the final waiver and extension
will not have a significant economic impact on these entities because
the extension of an existing project imposes minimal compliance costs,
and the activities required to support the additional years of funding
will not impose additional regulatory burdens or require unnecessary
Federal supervision.
Paperwork Reduction Act of 1995
This waiver and extension does not contain any information
collection requirements.
Intergovernmental Review
NHCTEP is not subject to Executive Order 12372 and the regulations
in 34 CFR part 79.
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. 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: 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 this
site.
[[Page 38674]]
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.
Dated: July 1, 2015.
Johan E. Uvin,
Acting Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2015-16622 Filed 7-6-15; 8:45 am]
BILLING CODE 4000-01-P