Notice of Waiver for the Adult Education and Family Literacy Act to Certain Outlying Areas, 46899-46901 [E8-18622]

Download as PDF Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46899 SYSTEM LOCATION: PURPOSE(S): NOTIFICATION PROCEDURE: U.S. Army Intelligence and Security Command, 8825 Beulah Street, Fort Belvoir, VA 22060–5246. Decentralized segments are located at U.S. Army Intelligence brigades, groups, battalions, companies, detachments, and field offices and resident offices worldwide. Official mailing addresses are published as an appendix to the Army’s compilation of systems of records notices. To support contingency planning and military operations, to conduct counterintelligence and intelligence operations, to confirm claims against the Army by source or heirs of source, and to document source operations pertaining to the U.S. Army’s responsibilities for intelligence and counterintelligence. Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the U.S. Army Intelligence and Security Command, Freedom of Information/ Privacy Office, 4552 Pike Road, Fort George G. Meade, MD 20755–5995. Individual should provide their full name, any alias, Social Security Number (SSN), date and place of birth, current address, telephone number and notarized signature. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Selected individuals who qualify and may be accepted as an intelligence or counterintelligence source for the U.S. Army. CATEGORIES OF RECORDS IN THE SYSTEM: Record consists of agreements; contracts; information reports; financial reports; operational correspondence; requests for, technical files, and results of polygraph examinations; audiovisual products and similar documents necessary to confirm operational use of source or future claims against the Army by source or heirs of the source. Administrative records required by the U.S. Army Investigative Records Repository (IRR) for records management purposes such as form transmitting operational material to the IRR and providing instructions for indexing the record in the Defense Central Index of Investigations [Defense Clearance and Investigations Index] (System Notice V5–02) and release of material contained therein, form indicating dossier has been reviewed and all material therein conforms to Department of Defense (DoD) policy regarding retention criteria, form pertaining to the release of information pertaining to controlled records, cross reference sheet to indicate the removal of investigative documents requiring limited access, form identifying material that has been segregated and or is exempt from release, and records accounting for the disclosure of operational information made outside of the DoD. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as routine uses pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ published at the beginning of the Army’s compilation of systems of records notices also apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and electronic storage media. RETRIEVABILITY: By individual name or source/project name, date and place of birth, Social Security Number, and numerically by source or project number. SAFEGUARDS: Buildings employ alarms, security guards and/or rooms are security controlled accessible only to authorized persons. Paper records in the IRR are stored in security controlled areas accessible only to authorized persons. Electronically stored records are maintained in specialized software with password protected access and data backup measures. Records are accessible only to authorized persons with a needto-know who are properly screened, cleared, and trained. sroberts on PROD1PC70 with NOTICES AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETENTION AND DISPOSAL: 10 U.S.C. 3013, Secretary of the Army; National Security Act of 1947, as amended; E.O. 10450, Security Requirements for Government Employment, paragraphs 2, 3, 4, 5, 6, 7, 8, 9, and 14; E.O. 12333, United States Intelligence Activities, paragraphs 1.1(c), 1.1(d), 1.12(d), 2.3, 2.4, and 2.6; the National Security Act of 1947, as amended; the Intelligence Authorization Act of 1995, title V, section 503 and title VIII, sections 801–811 and E.O. 9397 (SSN). Records are retained in active file until no longer needed; then retired to the IRR where they are destroyed 75 years after date of last action. Destruction is by shredding, burning, or pulping for paper records and magnetic erasing for electronic records. VerDate Aug<31>2005 16:24 Aug 11, 2008 Jkt 214001 SYSTEM MANAGER(S) AND ADDRESS: Deputy Chief of Staff for Intelligence, Headquarters, Department of the Army, 1001 Army Pentagon, Washington, DC 20310–1001. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 RECORD ACCESS PROCEDURES: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the U.S. Army Intelligence and Security Command, Freedom of Information/ Privacy Office, 4552 Pike Road, Fort George G. Meade, MD 20755–5995. Individual should provide their full name, any alias, Social Security Number (SSN), date and place of birth, current address, telephone number and notarized signature. CONTESTING RECORD PROCEDURES: The Army’s rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340– 21; 32 CFR part 505; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: From individual; Federal and Department of Defense investigative, intelligence and law enforcement agencies; and foreign investigative, intelligence, and law enforcement agencies. EXEMPTIONS CLAIMED FOR THE SYSTEM: Parts of this system may be exempt under 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5), as applicable. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e) and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. E8–18594 Filed 8–11–08; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION Notice of Waiver for the Adult Education and Family Literacy Act to Certain Outlying Areas Office of Vocational and Adult Education, Department of Education. AGENCY: E:\FR\FM\12AUN1.SGM 12AUN1 46900 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices Notice of Waiver for the Adult Education and Family Literacy Act to Certain Outlying Areas. sroberts on PROD1PC70 with NOTICES ACTION: SUMMARY: The Secretary waives the requirements in 34 CFR 75.250 and 34 CFR 75.261(c)(2) of the Education Department General Administrative Regulations (EDGAR) to enable the funding of continuation grants for certain outlying areas under section 211(e) of the Adult Education and Family Literacy Act (AEFLA). This waiver enables the current eligible grantees to continue to receive Federal funding beyond the five-year limitation contained in 34 CFR 75.250. DATES: This notice is effective August 12, 2008. FOR FURTHER INFORMATION CONTACT: Sarah Newcomb, U.S. Department of Education, 400 Maryland Avenue, SW., Room 11007, Potomac Center Plaza, Washington, DC 20202–7240. Telephone (202) 245–7754 or e-mail: sarah.newcomb@ed.gov. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at 1–800–877–8339. Individuals with disabilities can obtain a copy of this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. SUPPLEMENTARY INFORMATION: Background: The Office of Vocational and Adult Education awarded a discretionary grant on September 1, 2003, under the provisions of section 211(e) of the AEFLA to a group of applicants that included American Samoa, Guam, Northern Marianas, and Palau. Each member of the group could have applied for, and competed with, the other members of the group for section 211(e) funds. However, the applicants decided to file a joint application naming the Northern Marianas College (NMC) as the designated grantee on behalf of the group so that all parties could benefit under a common application. Joint applications of this type are authorized in 34 CFR 75.127 through 129 of EDGAR. AEFLA funds under the grant are targeted to the training of adult educators from all members of the group. No entities other than those in the group are eligible to receive funding under section 211(e). The project period for the current award to the group ends on August 31, 2008. Congress has appropriated funding for AEFLA, including section 211(e), for both fiscal year 2007 and fiscal year 2008. The Department VerDate Aug<31>2005 16:24 Aug 11, 2008 Jkt 214001 normally would conduct a new competition because the funding for the current grant, obtained from the fiscal year 2002 through 2006 appropriations, was available to the group beginning in 2003, and under 34 CFR 75.250 the project period generally lasts no longer than 60 months. On July 7, 2008, in accordance with section 553(b) of the Administrative Procedure Act (APA), the Department gave actual notice to all current eligible grantees of our proposal to waive 34 CFR 75.250 and 34 CFR 75.261(c)(2) and to fund continuation grants instead of holding a new grant competition, and invited their comments on our proposal. The notice also provided the current designated grantee with an opportunity to submit specific information regarding the grant and any plans to improve its current implementation. This waiver will enable the Secretary to provide additional funds to all current, eligible grantees for additional periods for as long Congress continues to appropriate funds under the current legal authority in section 211(e) of AEFLA and possibly during a transition to any new program authorities Congress might create if and when it chooses to reauthorize AEFLA. There is no substantive difference between the actual notice of our proposal and this notice of funding of continuation grants and waiver. Therefore, all affected parties were provided actual notice of the Department’s proposal and an opportunity to comment in lieu of publication of a notice of proposed rulemaking in the Federal Register. Comment In response to the actual notice of proposed funding of continuation grants and waiver, and our invitation to comment, five parties submitted comments supporting the proposed waiver and the proposal to continue funding for all current, eligible grantees. During this period, the current designated grantee also submitted a written agreement, including a program narrative, signed by all the outlying areas eligible for funding, that describes the activities that NMC intends to carry out with funds under a continuation grant. In light of these positive comments and the additional information, we have not made any substantive changes to our proposal. Waiver of Delayed Effective Date The APA requires that a substantive rule 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 provided all affected entities an opportunity to submit PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 comments on the Secretary’s proposal to waive 34 CFR 75.250 in order to continue the current grant. All of the comments that we received support our proposal. In addition, given that the current grant ends on August 31, 2008, and in order to avoid any lapse in funding under this program, the Secretary has determined that a delayed effective date is unnecessary and contrary to the public interest. Waiver of 34 CFR 75.250 and 75.261(c)(2) In determining how to implement section 211(e) this year, the Department considered the relatively small amount of funds appropriated under section 211(e) for fiscal years (FYs) 2007 and 2008 ($61,257 and $65,131, respectively), the burden on group members in having to file either new competitive applications or a new group application, and the commitment of time and resources a new competition would require of the Department and Pacific Resources for Education and Learning (PREL) in Honolulu, which would be required by section 211(e)(2) of AEFLA to make recommendations in a new competition. The Department also has considered the fact that all the entities eligible for funding under section 211(e) are members of the group and receive services through the current grant. In light of these factors, the Department waives the 60-month limit on the project period established by 34 CFR 75.250 for the existing grant award. The Department plans to continue funding the current grant, rather than conducting a new competition, if the designated grantee submits further satisfactory information regarding its performance under the current grant and its plans to improve implementation of the grant. The Department also waives 34 CFR 75.261(c)(2), which limits the extension of a project period. The Department is waiving this additional regulation in order to be able to continue the current grant with FY 2007 and 2008 funds. The Department’s waiver of the regulations and continued funding of the current grant would extend as long as Congress continues to appropriate funds under the current legal authority in section 211(e), and possibly during a transition to any new program authorities Congress might create with respect to members of the group if and when it reauthorizes AEFLA. However, the continuation would initially only be from FY 2007 funds. The waiver would not affect any other legal provisions governing the grant to group members, including the requirement that E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices entities that would be affected are American Samoa Community College; Guam Community College; Northern Marianas College, the grantee of the group; Ministry of Education Republic of Palau; and PREL. Instructions for Requesting a Continuation Award Under EDGAR Part 75 Under applicable EDGAR provisions, a grantee wishing to receive an annual continuation grant must submit a performance report providing the most current performance and financial expenditure information on its project. A grantee must also submit a budget and budget narrative each year it requests a continuation award. (34 CFR 75.253(c)(2)). In addition, a grantee must submit a program narrative that describes the activities it intends to carry out with a continuation award. The activities described must be consistent with, or be a logical extension of, the scope, goals, and objectives of the grantee’s approved application. (34 CFR 75.261(c)(3)). The Department will award a continuation grant each year only if the grantee submits a satisfactory performance report, budget and budget narrative, and program narrative. sroberts on PROD1PC70 with NOTICES continuation of the grant would depend on the group’s meeting the requirements of 34 CFR 75.253. Among other things, § 75.253 conditions continuation of a grant on the grantee’s having made substantial progress toward meeting the objectives in its approved application. The grantee also would have to comply with any special conditions of the grant established by the Department in order to receive further continuation funding from the FY 2008 or any future appropriation. The waivers of 34 CFR 75.250 and 75.261(c)(2) do not exempt the group from the account closing provisions of 31 U.S.C. 1552(a), nor would they extend the availability of funds previously awarded the group. Under 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 will be canceled and returned to the U.S. Treasury Department and will be unavailable for restoration for any purpose. The Department believes that its waiver of regulations and continued funding of the group application is in the best interests of the members of the group application and the public interest. 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) on the Internet at the following site: http://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. Regulatory Flexibility Act Certification The Secretary certifies that this notice of waiver will not have a significant economic impact on a substantial number of small entities. The only VerDate Aug<31>2005 16:24 Aug 11, 2008 Jkt 214001 Paperwork Reduction Act of 1995 This notice of waiver 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. Assessment of Educational Impact Based on our own review, we have determined that this notice of waiver does not require transmission of information that any other agency or authority of the United States gathers or makes available. Electronic Access to This Document Note: 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 on GPO Access at: http://www.gpoaccess.gov/nara/ index.html. (Catalog of Federal Domestic Assistance Number: 84.002A Outlying Area portion of the State Grant Program) Program Authority: 20 U.S.C. 9211(e). Dated: August 7, 2008. Troy R. Justesen, Assistant Secretary for Vocational and Adult Education. [FR Doc. E8–18622 Filed 8–11–08; 8:45 am] BILLING CODE 4000–01–P PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 46901 DEPARTMENT OF ENERGY Southwestern Power Administration Notice of Re-Opening of Public Comment Period for White River Minimum Flows—Proposed Determination of Federal and NonFederal Hydropower Impacts Southwestern Power Administration, DOE. ACTION: Notice of re-opening of public comment period. AGENCY: SUMMARY: Southwestern Power Administration (Southwestern) is reopening the public comment period on its proposed determination of the Federal and non-Federal hydropower impacts of the White River Minimum Flows project for an additional 45 days. The original notice, issued July 3, 2008, provided a 30-day comment period ending on August 4, 2008 (73 FR 38198). Southwestern is re-opening the comment period until September 18, 2008. The public comment period closes on September 18, 2008. Written comments on Southwestern’s proposed determination must be received by that date. ADDRESSES: Comments should be submitted to George Robbins, Director, Division of Resources and Rates, Southwestern Power Administration, U.S. Department of Energy, One West Third Street, Tulsa, Oklahoma 74103. FOR FURTHER INFORMATION CONTACT: Mr. George Robbins, Director, Division of Resources and Rates, (918) 595–6680, george.robbins@swpa.gov. DATES: SUPPLEMENTARY INFORMATION: Southwestern’s draft determination was published by Federal Register Notice (73 FR 6717) dated February 5, 2008. Written comments were invited through March 6, 2008. All public comments received were considered, and Southwestern’s draft determination was revised as necessary to incorporate the public comments. Since there were significant changes to Southwestern’s draft determination, Southwestern published a proposed determination for public review and comment prior to its final determination. Southwestern’s proposed determination was published by Federal Register Notice (73 FR 38198) dated July 3, 2008. Written comments were invited through August 4, 2008. Due to requests for additional time to provide public comments, Southwestern is re-opening the public comment period for 45 days. Written comments will now be accepted through September 18, 2008. Comments E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Pages 46899-46901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18622]


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DEPARTMENT OF EDUCATION


Notice of Waiver for the Adult Education and Family Literacy Act 
to Certain Outlying Areas

AGENCY: Office of Vocational and Adult Education, Department of 
Education.

[[Page 46900]]


ACTION: Notice of Waiver for the Adult Education and Family Literacy 
Act to Certain Outlying Areas.

-----------------------------------------------------------------------

SUMMARY: The Secretary waives the requirements in 34 CFR 75.250 and 34 
CFR 75.261(c)(2) of the Education Department General Administrative 
Regulations (EDGAR) to enable the funding of continuation grants for 
certain outlying areas under section 211(e) of the Adult Education and 
Family Literacy Act (AEFLA). This waiver enables the current eligible 
grantees to continue to receive Federal funding beyond the five-year 
limitation contained in 34 CFR 75.250.

DATES: This notice is effective August 12, 2008.

FOR FURTHER INFORMATION CONTACT: Sarah Newcomb, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 11007, Potomac Center Plaza, 
Washington, DC 20202-7240. Telephone (202) 245-7754 or e-mail: 
sarah.newcomb@ed.gov.
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of this document in 
an alternative format (e.g., Braille, large print, audiotape, or 
computer diskette) by contacting the program contact person listed in 
this section.

SUPPLEMENTARY INFORMATION:
    Background: The Office of Vocational and Adult Education awarded a 
discretionary grant on September 1, 2003, under the provisions of 
section 211(e) of the AEFLA to a group of applicants that included 
American Samoa, Guam, Northern Marianas, and Palau. Each member of the 
group could have applied for, and competed with, the other members of 
the group for section 211(e) funds. However, the applicants decided to 
file a joint application naming the Northern Marianas College (NMC) as 
the designated grantee on behalf of the group so that all parties could 
benefit under a common application. Joint applications of this type are 
authorized in 34 CFR 75.127 through 129 of EDGAR. AEFLA funds under the 
grant are targeted to the training of adult educators from all members 
of the group. No entities other than those in the group are eligible to 
receive funding under section 211(e).
    The project period for the current award to the group ends on 
August 31, 2008. Congress has appropriated funding for AEFLA, including 
section 211(e), for both fiscal year 2007 and fiscal year 2008. The 
Department normally would conduct a new competition because the funding 
for the current grant, obtained from the fiscal year 2002 through 2006 
appropriations, was available to the group beginning in 2003, and under 
34 CFR 75.250 the project period generally lasts no longer than 60 
months.
    On July 7, 2008, in accordance with section 553(b) of the 
Administrative Procedure Act (APA), the Department gave actual notice 
to all current eligible grantees of our proposal to waive 34 CFR 75.250 
and 34 CFR 75.261(c)(2) and to fund continuation grants instead of 
holding a new grant competition, and invited their comments on our 
proposal. The notice also provided the current designated grantee with 
an opportunity to submit specific information regarding the grant and 
any plans to improve its current implementation. This waiver will 
enable the Secretary to provide additional funds to all current, 
eligible grantees for additional periods for as long Congress continues 
to appropriate funds under the current legal authority in section 
211(e) of AEFLA and possibly during a transition to any new program 
authorities Congress might create if and when it chooses to reauthorize 
AEFLA. There is no substantive difference between the actual notice of 
our proposal and this notice of funding of continuation grants and 
waiver. Therefore, all affected parties were provided actual notice of 
the Department's proposal and an opportunity to comment in lieu of 
publication of a notice of proposed rulemaking in the Federal Register.

Comment

    In response to the actual notice of proposed funding of 
continuation grants and waiver, and our invitation to comment, five 
parties submitted comments supporting the proposed waiver and the 
proposal to continue funding for all current, eligible grantees. During 
this period, the current designated grantee also submitted a written 
agreement, including a program narrative, signed by all the outlying 
areas eligible for funding, that describes the activities that NMC 
intends to carry out with funds under a continuation grant. In light of 
these positive comments and the additional information, we have not 
made any substantive changes to our proposal.

Waiver of Delayed Effective Date

    The APA requires that a substantive rule 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 provided all affected entities an 
opportunity to submit comments on the Secretary's proposal to waive 34 
CFR 75.250 in order to continue the current grant. All of the comments 
that we received support our proposal. In addition, given that the 
current grant ends on August 31, 2008, and in order to avoid any lapse 
in funding under this program, the Secretary has determined that a 
delayed effective date is unnecessary and contrary to the public 
interest.

Waiver of 34 CFR 75.250 and 75.261(c)(2)

    In determining how to implement section 211(e) this year, the 
Department considered the relatively small amount of funds appropriated 
under section 211(e) for fiscal years (FYs) 2007 and 2008 ($61,257 and 
$65,131, respectively), the burden on group members in having to file 
either new competitive applications or a new group application, and the 
commitment of time and resources a new competition would require of the 
Department and Pacific Resources for Education and Learning (PREL) in 
Honolulu, which would be required by section 211(e)(2) of AEFLA to make 
recommendations in a new competition. The Department also has 
considered the fact that all the entities eligible for funding under 
section 211(e) are members of the group and receive services through 
the current grant.
    In light of these factors, the Department waives the 60-month limit 
on the project period established by 34 CFR 75.250 for the existing 
grant award. The Department plans to continue funding the current 
grant, rather than conducting a new competition, if the designated 
grantee submits further satisfactory information regarding its 
performance under the current grant and its plans to improve 
implementation of the grant. The Department also waives 34 CFR 
75.261(c)(2), which limits the extension of a project period. The 
Department is waiving this additional regulation in order to be able to 
continue the current grant with FY 2007 and 2008 funds.
    The Department's waiver of the regulations and continued funding of 
the current grant would extend as long as Congress continues to 
appropriate funds under the current legal authority in section 211(e), 
and possibly during a transition to any new program authorities 
Congress might create with respect to members of the group if and when 
it reauthorizes AEFLA. However, the continuation would initially only 
be from FY 2007 funds. The waiver would not affect any other legal 
provisions governing the grant to group members, including the 
requirement that

[[Page 46901]]

continuation of the grant would depend on the group's meeting the 
requirements of 34 CFR 75.253. Among other things, Sec.  75.253 
conditions continuation of a grant on the grantee's having made 
substantial progress toward meeting the objectives in its approved 
application. The grantee also would have to comply with any special 
conditions of the grant established by the Department in order to 
receive further continuation funding from the FY 2008 or any future 
appropriation.
    The waivers of 34 CFR 75.250 and 75.261(c)(2) do not exempt the 
group from the account closing provisions of 31 U.S.C. 1552(a), nor 
would they extend the availability of funds previously awarded the 
group. Under 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 will 
be canceled and returned to the U.S. Treasury Department and will be 
unavailable for restoration for any purpose.
    The Department believes that its waiver of regulations and 
continued funding of the group application is in the best interests of 
the members of the group application and the public interest.

Instructions for Requesting a Continuation Award Under EDGAR Part 75

    Under applicable EDGAR provisions, a grantee wishing to receive an 
annual continuation grant must submit a performance report providing 
the most current performance and financial expenditure information on 
its project. A grantee must also submit a budget and budget narrative 
each year it requests a continuation award. (34 CFR 75.253(c)(2)). In 
addition, a grantee must submit a program narrative that describes the 
activities it intends to carry out with a continuation award. The 
activities described must be consistent with, or be a logical extension 
of, the scope, goals, and objectives of the grantee's approved 
application. (34 CFR 75.261(c)(3)). The Department will award a 
continuation grant each year only if the grantee submits a satisfactory 
performance report, budget and budget narrative, and program narrative.

Regulatory Flexibility Act Certification

    The Secretary certifies that this notice of waiver will not have a 
significant economic impact on a substantial number of small entities. 
The only entities that would be affected are American Samoa Community 
College; Guam Community College; Northern Marianas College, the grantee 
of the group; Ministry of Education Republic of Palau; and PREL.

Paperwork Reduction Act of 1995

    This notice of waiver 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.

Assessment of Educational Impact

    Based on our own review, we have determined that this notice of 
waiver does not require transmission of information that any other 
agency or authority of the United States gathers or makes available.

Electronic Access to This Document

    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) on the Internet at the following site: http://
www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: 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 on GPO Access at: http://www.gpoaccess.gov/
nara/index.html.


(Catalog of Federal Domestic Assistance Number: 84.002A Outlying 
Area portion of the State Grant Program)

    Program Authority: 20 U.S.C. 9211(e).

    Dated: August 7, 2008.
Troy R. Justesen,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. E8-18622 Filed 8-11-08; 8:45 am]
BILLING CODE 4000-01-P