Tribally Controlled Postsecondary Career and Technical Institutions Program; Proposed Waivers and Extension of the Project Period; CFDA Number 84.245A, 9218-9219 [2012-3674]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9218-9219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3674]



[[Page 9218]]

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

DEPARTMENT OF EDUCATION


Tribally Controlled Postsecondary Career and Technical 
Institutions Program; Proposed Waivers and Extension of the Project 
Period; CFDA Number 84.245A

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

ACTION: Notice.

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

SUMMARY: For 60-month projects funded in fiscal year (FY) 2007 under 
the Tribally Controlled Postsecondary Career and Technical Institutions 
Program (TCPCTIP), the Secretary proposes to waive the regulations that 
generally limit project periods to 60 months and that restrict project 
period extensions involving the obligation of additional Federal funds. 
The Secretary also proposes to extend the project period for current 
TCPCTIP grantees through FY 2013, or longer, if Congress continues to 
appropriate funds under the existing program authority. The proposed 
waivers and extension would enable the two current TCPCTIP grantees to 
request and continue to receive Federal funding beyond the 60-month 
limitation contained in the Department's regulations, so long as the 
grantees are meeting the TCPCTIP requirements. Further, the waivers and 
extension, as proposed, would mean that we would not announce a new 
competition in FY 2012 or make new awards in that year, or in future 
years, if Congress continues to appropriate funds under the existing 
program authority.

DATES: We must receive your comments on or before March 19, 2012.

ADDRESSES: Submit all comments on this notice to Gwen Washington, U.S. 
Department of Education, 400 Maryland Avenue SW., room 11076, Potomac 
Center Plaza, Washington, DC 20202-7241.
    If you prefer to send your comments by email, use the following 
address: gwen.washington@ed.gov. You must include the term ``Proposed 
Waivers and Extension for TCPCTIP'' in the subject line of your 
message.

FOR FURTHER INFORMATION CONTACT: Gwen Washington. Telephone: (202) 245-
7792, or by email: gwen.washington@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.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this notice. We are particularly interested in receiving comments on 
the potential impact that these proposed waivers and extension may have 
on TCPCTIP and on potential applicants that may be eligible to apply 
for grant awards under any new TCPCTIP notice inviting applications, 
should there be one.
    Eligible applicants for TCPCTIP are tribally controlled 
postsecondary career and technical institutions that do not receive 
Federal support under the Tribally Controlled College or University 
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community 
College Act (25 U.S.C. 640a et seq.).
    During and after the comment period, you may inspect all public 
comments about these proposed waivers and extension for TCPCTIP in room 
11076, Potomac Center Plaza, 550 12th Street, SW., Washington, DC, 
between the hours of 8:30 a.m. and 4 p.m., Washington, DC time, Monday 
through Friday of each week, except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice of proposed waivers and 
extension. If you want to schedule an appointment for this type of aid, 
please contact the person listed under FOR FURTHER INFORMATION CONTACT.

Background

    Current TCPCTIP grantees, selected based on the May 15, 2007, 
TCPCTIP notice inviting applications published in the Federal Register 
(72 FR 27297) (May 15, 2007, notice), operate career and technical 
education programs as authorized by section 117 of the Carl D. Perkins 
Career and Technical Education Act of 2006 (Perkins Act or Act) (20 
U.S.C. 2327).
    The project period for the two TCPCTIP grantees is scheduled to end 
in FY 2012. For these projects, the Secretary proposes to waive the 
requirements of 34 CFR 75.250 and 34 CFR 75.261(c)(2), which limit 
project periods to 60 months and restrict project period extensions 
that involve the obligation of additional Federal funds. The Secretary 
also proposes to extend the project period for the two current TCPCTIP 
grantees through FY 2013, or longer, if Congress continues to 
appropriate funds under the existing program authority. The proposed 
waivers and extension would enable the two current TCPCTIP grantees to 
request and continue to receive Federal funds beyond the 60-month 
limitation set by 34 CFR 75.250.
    The Secretary makes these proposals because section 117(i) of the 
Perkins Act authorizes appropriations for activities under section 117 
of the Act, through FY 2012 (20 U.S.C. 2327(i)). With the potential for 
changes in the authorizing legislation for the TCPCTIP beyond 2012, we 
do not believe it would be advisable to hold a new TCPCTIP competition 
in FY 2012 for projects that may then operate for just one year. We are 
generally reluctant to announce a competition under which eligible 
entities would be expected to proceed through the application process 
while lacking critical information about the future of the program, and 
we do not think that it would be in the public interest to do so in 
this case.
    Rather than holding a new competition in FY 2012, we believe that 
it is in the public interest and preferable for TCPCTIP for us to 
review requests for continuation awards from the two grantees based on 
the May 15, 2007, notice and extend the currently funded projects 
through FY 2013, or longer, if Congress continues to appropriate funds 
for TCPCTIP under the existing program authority. In lieu of announcing 
new competitions for TCPCTIP in FY 2012, the Secretary proposes to 
waive the requirement in 34 CFR 75.250, which limits project periods to 
60 months, and in 34 CFR 75.261(c)(2), which restricts project period 
extensions involving the obligation of additional Federal funds.
    With these proposed waivers and extension, current TCPCTIP grantees 
selected based on the May 15, 2007, notice inviting applications could 
be continued at least through the FY 2013 budget and project periods, 
or longer, if Congress continues to appropriate funds for TCPCTIP under 
the existing program authority.
    If these proposed waivers and extension are announced by us in a 
final notice, the requirements applicable to continuation awards for 
current TCPCTIP grantees selected based on the May 15, 2007, notice 
inviting applications and the requirements in 34 CFR 75.253 would apply 
to any continuation awards sought by current TCPCTIP grantees. If we 
announce these proposed waivers and extension as final, we will base 
our decisions regarding annual continuation awards on the program 
narratives, budgets, budget narratives, and program performance 
reports, submitted by current grantees, and the requirements in 34 CFR 
75.253. Any activities to be carried out during the year or years of 
continuation awards would have to be

[[Page 9219]]

consistent with, or be a logical extension of, the scope, goals, and 
objectives of each grantee's application, as approved following the 
2007 TCPCTIP competition. If we publish the proposed waivers and 
extension as final, we would award continuation grants based on 
information provided to us by each grantee, indicating that it is 
making substantial progress performing its TCPCTIP grant activities.
    The proposed extension of the project period and waivers of 34 CFR 
75.250 and 75.261(c)(2) would not exempt the current TCPCTIP grantees 
from the appropriation account-closing provisions of 31 U.S.C. 1552(a), 
nor would they extend the availability of funds previously awarded to 
current TCPCTIP 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. 
Treasury Department and is unavailable for restoration for any purpose 
(31 U.S.C. 1552(b)).

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed waivers and extension 
would not have a significant economic impact on a substantial number of 
small entities.
    The small entities that would be affected by these proposed waivers 
and extension are the two grantees selected based on the May 15, 2007, 
notice currently receiving Federal funds.
    The Secretary certifies that the proposed waivers and extension 
would not have a significant economic impact on these entities because 
the proposed waivers and extension impose minimal compliance costs to 
extend projects already in existence, and the activities required to 
support the additional year or years of funding would not impose 
additional regulatory burdens or require unnecessary Federal 
supervision.

Paperwork Reduction Act of 1995

    This notice of proposed waivers and extension does not contain any 
information collection requirements.

Intergovernmental Review

    The TCPCTIP 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.
    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.

    Program Authority:  20 U.S.C. 2327.

    Dated: February 13, 2012.
Brenda Dann-Messier,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-3674 Filed 2-15-12; 8:45 am]
BILLING CODE 4000-01-P