Native Hawaiian Career and Technical Education Program; Final Waiver and Extension of Project Period, 30514-30516 [2012-12537]
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30514
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
multi-year project after the first budget
period); (2) explained the requirements
of the program; (3) described the
evaluation and reporting requirements;
and (4) established the Government
Performance and Results Act (GPRA)
performance indicators for NACTEP.
With these waivers and extension of
the project period, the current 30
NACTEP grantees may request
continuation awards for one additional
project year, through FY 2013, and we
will consider those continuation award
requests under the current NACTEP
statutory authority. Any requests for
continuation awards will be subject to
the requirements of 34 CFR 75.253,
including the requirement that each
grantee demonstrate that it is making
substantial progress performing its
NACTEP grant activities based on the
requirements in the March 2007 notice
inviting applications.
We will make decisions regarding
continuation awards based on
information provided in NACTEP
grantee requests for continuation
awards, including information provided
in program narratives, budgets and
budget narratives, and performance
reports. Any activities to be carried out
during the continuation year must be
consistent with, or be a logical
extension of the scope, goals, and
objectives of, each grantee’s application
as approved in the 2007 NACTEP
competition.
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)). During the 30-day public
comment period on the notice of
proposed waivers and extension of
project period, of the 82 comments we
received, 81 supported the waivers and
extension of the project period for
current NACTEP grantees. Except for
minor editorial and technical revisions,
there are no differences between the
proposed and final notices of waivers
and extension of the project period for
NACTEP. In addition, given the fact that
the additional period of funding is only
for a 12-month period, and in order to
be able to make timely continuation
grants to the 30 entities affected, the
Secretary has determined that a delayed
effective date is unnecessary and
contrary to the public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that the
waivers and extension and the activities
required to support an additional year of
NACTEP funding will not have a
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
significant economic impact on a
substantial number of small entities.
The small entities that will be affected
by the waivers and extension are the 30
currently-funded NACTEP grantees.
The Secretary certifies that the
waivers and extension will not have a
significant economic impact on these
NACTEP entities because the waivers
and extension impose minimal
compliance costs to extend projects
already in existence, and the activities
required to support the additional year
of funding will not impose additional
regulatory burdens or require
unnecessary Federal supervision.
Furthermore, the costs of carrying out
these activities could be paid for with
program funds.
Paperwork Reduction Act of 1995
This notice of waivers and extension
does not contain any information
collection requirements.
Intergovernmental Review
The NACTEP 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 either of the contact persons
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. 2326(a)
through (g).
Dated: May 18, 2012.
Johan Uvin,
Delegated Authority to Perform the Functions
and Duties of the Assistant Secretary for
Vocational and Adult Education.
[FR Doc. 2012–12540 Filed 5–22–12; 8:45 am]
BILLING CODE 4000–01–P
PO 00000
Frm 00018
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DEPARTMENT OF EDUCATION
Native Hawaiian Career and Technical
Education Program; Final Waiver and
Extension of Project Period
Office of Vocational and Adult
Education, Department of Education.
ACTION: Notice.
AGENCY:
Overview Information
Final Waiver and Extension of Project
Period for the Native Hawaiian Career
and Technical Education Program
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.259A.
For 36-month projects funded
in fiscal year (FY) 2009 under the Native
Hawaiian Career and Technical
Education Program (NHCTEP), the
Secretary hereby waives 34 CFR
75.261(c)(2) in order to extend the
project period of these current NHCTEP
grants for an additional 12 months. This
will enable the eight current NHCTEP
grantees to seek FY 2012 continuation
awards for their current projects through
FY 2013, and we will not announce a
new NHCTEP competition in FY 2012.
DATES: This notice of final waiver and
extension of project period is effective
May 23, 2012.
FOR FURTHER INFORMATION CONTACT:
Linda Mayo. Telephone: (202) 245–
7792, or by email: linda.mayo@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: On
February 16, 2012, we published a
notice in the Federal Register (77 FR
9214) (February 2012 notice) proposing
to waive 34 CFR 75.261(c)(2) as it
applies to NHCTEP. This regulation
restricts project period extensions
involving the obligation of additional
Federal funds. In that notice, the
Secretary also proposed to extend the
project period of NHCTEP grants for an
additional 12 months to enable the eight
current NHCTEP grantees to seek FY
2012 continuation awards for their
projects through FY 2013.
Public Comment: In the February
2012 notice, the Secretary invited
comments about the potential effect that
this proposed project period waiver and
extension would have on NHCTEP and
on applicants that may be eligible to
apply for grant awards under any new
NHCTEP notice inviting applications,
should there be one. We received three
comments in response. Generally, we do
not address comments that raise
concerns not related to the proposed
waiver and extension.
SUMMARY:
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Analysis of Comments and Changes
Comment: Two commenters wrote in
support of the proposed waiver and
extension, discussed the benefits and
accomplishments of current NHCTEP
projects, and suggested that an
extension of the current project period
would allow grantees to continue their
work and expand on their
accomplishments.
Response: We agree with the
commenters that extending the current
NHCTEP grant period will allow current
NHCTEP grantees to request
continuation awards with which they
could continue to work toward
accomplishing the goals and objectives
stated in their 2009 NHCTEP grant
applications.
Change: None.
Comment: One commenter, while not
addressing the Department’s proposed
waiver and extension, expressed a
concern about the Department’s use of
the term ‘‘Native Hawaiian’’ in
NHCTEP, asserting that the term
‘‘Native Hawaiian’’ is a racial or ethnic
classification that the Department
should not be using, in light of
applicable U.S. Supreme Court rulings
the commenter cited. The commenter
requested that, unless the Department
was following statutory terms explicitly
requiring the use of what the commenter
referred to as the ‘‘Native Hawaiian
classification,’’ it should not apply that
classification in NHCTEP. The
commenter requested that the
Department instead make NHCTEP
grants available to all Hawaiians who
meet certain socioeconomic or other
criteria.
Response: Although this comment is
not germane to the Department’s
proposed waiver and extension, we
choose to address it in order to provide
further clarification on the NHCTEP
grant award authority. As stated in our
February 2012 notice, the Department
awards NHCTEP grants under authority
of section 116(h) of the Carl D. Perkins
Career and Technical Education Act of
2006 (Perkins Act or Act) (20 U.S.C.
2326(h)). Section 116(h) of the Act states
that: ‘‘the Secretary shall award grants
or enter into contracts with communitybased organizations primarily serving
and representing Native Hawaiians to
plan, conduct and administer programs,
or portions thereof, which are
authorized by and consistent with the
provisions of [section 116(h) of the Act,]
for the benefit of Native Hawaiians’’ (20
U.S.C. 2326(h)) (Emphasis added). In
accordance with this statutory authority,
in its March 24, 2009, notice inviting
applications published in the Federal
Register (74 FR 12333) (March 2009
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
notice), the Department announced the
availability of grants for communitybased organizations primarily serving
and representing Native Hawaiians for
the benefit of Native Hawaiians. Subject
to the availability of funds for this
program, the Department will continue
to make NHCTEP awards to communitybased organizations primarily serving
and representing Native Hawaiians for
the benefit of Native Hawaiians, as
specifically mandated by statute.
Change: None.
Background
NHCTEP funds support grants to
community-based organizations
primarily serving and representing
Native Hawaiians to plan, conduct, and
administer career and technical
education programs, or portions thereof,
as authorized by section 116(h) of the
Perkins Act. The eight current NHCTEP
grantees were selected based on the
March 2009 notice. The project period
for the eight NHCTEP grantees is
scheduled to end in FY 2012. For these
NHCTEP projects, the Secretary waives
the requirement of 34 CFR 75.261(c)(2),
the regulation that generally prohibits
project period extensions involving the
obligation of additional Federal funds,
in order to extend the current NHCTEP
project period for an additional 12
months. This waiver and extension will
allow the eight current NHCTEP
grantees to seek continuation awards in
FY 2012 for project periods through FY
2013.
The Secretary’s waiver of 34 CFR
75.261(c)(2) and extension of the current
NHCTEP project period means that: (1)
Current NHCTEP grantees will be
authorized to request and receive
NHCTEP continuation awards in FY
2012 for project periods through FY
2013; (2) we will not announce a new
NHCTEP competition to make new
awards in FY 2012; (3) the March 2009
notice will continue to govern current
projects during the extension year; and
(4) the eight currently-approved
applications selected based on the
March 2009 notice will govern NHCTEP
continuation activities.
The March 2009 notice: (1)
Established a project period of up to 36
months and reiterated that funding for
multi-year awards would be dependent
on a grantee meeting the requirements
of 34 CFR 75.253 (continuation of a
multi-year project after the first budget
period); (2) explained the requirements
of the program; (3) described the
evaluation and reporting requirements;
and (4) established the Government
Performance and Results Act (GPRA)
performance indicators for NHCTEP.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
30515
With this waiver and extension of the
project period, the current eight
NHCTEP grantees may request
continuation awards for one additional
project year, through FY 2013, with FY
2012 funds Congress has appropriated
under the current statutory authority.
We will consider these continuation
award requests under the current
statutory authority. Any requests for
continuation awards will be subject to
the requirements of 34 CFR 75.253,
including the requirement that each
grantee demonstrate that it is making
substantial progress performing its
NHCTEP grant activities based on the
requirements in the March 2009 notice.
We will make decisions regarding
continuation awards based on
information provided in grantee
requests for continuation awards,
including information provided in
program narratives, budgets and budget
narratives, and performance reports.
Any activities to be carried out during
the continuation year must be consistent
with, or be a logical extension of the
scope, goals, and objectives of, each
grantee’s application as approved in the
2009 NHCTEP competition.
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)). During the 30-day public
comment period on the notice of
proposed waivers and extension of
project period, two of the three
comments submitted supported the
proposed waiver and extension of the
project period, and one commenter did
not address the issue. Except for minor
editorial and technical revisions, there
are no differences between the proposed
and final notices of waiver and
extension of the project period for
NHCTEP. In addition, given the fact that
the additional period of funding is only
for a 12-month period, and to be able to
make timely continuation grants to the
eight entities affected, the Secretary has
determined that a delayed effective date
would be unnecessary and contrary to
the public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that the waiver
and extension and the activities
required to support an additional year 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
eight currently-funded NHCTEP
grantees.
E:\FR\FM\23MYN1.SGM
23MYN1
30516
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
The Secretary further certifies that the
waiver and extension will not have a
significant economic impact on these
NHCTEP entities because the waiver
and extension impose minimal
compliance costs to extend projects
already in existence, and the activities
required to support the additional year
of funding will not impose additional
regulatory burdens or require
unnecessary Federal supervision.
Furthermore, the costs of carrying out
these activities could be paid for with
program funds.
Paperwork Reduction Act of 1995
This notice of waiver and extension
does not contain any information
collection requirements.
Intergovernmental Review
The 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.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Program Authority: 20 U.S.C. 2326(h).
Dated: May 18, 2012.
Johan Uvin,
Delegated Authority to Perform the Functions
and Duties of the Assistant Secretary for
Vocational and Adult Education.
[FR Doc. 2012–12537 Filed 5–22–12; 8:45 am]
BILLING CODE 4000–01–P
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
DEPARTMENT OF EDUCATION
Tribally Controlled Postsecondary
Career and Technical Institutions
Program; Final Waivers and Extension
of Project Period
Office of Vocational and Adult
Education, Department of Education.
AGENCY:
ACTION:
Notice.
Overview Information; Final Waivers
and Extension of Project Period for the
Tribally Controlled Postsecondary
Career and Technical Institutions
Program
Catalog of Federal Domestic
Assistance (CFDA) Number: 84.245A.
SUMMARY: For 60-month projects funded
in fiscal year (FY) 2007 under the
Tribally Controlled Postsecondary
Career and Technical Institutions
Program (TCPCTIP), the Secretary
waives 34 CFR 75.250 and 75.261(c)(2)
in order to extend the project period of
these current TCPCTIP grantees through
FY 2013, or longer, if Congress
continues to appropriate funds under
the existing TCPCTIP program
authority. This action will enable the
two current TCPCTIP grantees to seek
continuation awards in FY 2012 for
their current projects, and we will not
announce a new TCPCTIP competition
in FY 2012.
This notice of final waivers and
extension of project period is effective
May 23, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Gwen Washington. Telephone: (202)
245–7790 or by email:
gwen.washington@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
On
February 16, 2012, we published a
notice in the Federal Register (77 FR
9218) (February 2012 notice) proposing
to waive 34 CFR 75.250 and 75.261(c)(2)
as they apply to TCPCTIP. These
regulations generally limit project
periods to 60 months and restrict project
period extensions involving the
obligation of additional Federal funds.
In that notice, the Secretary also
proposed (1) 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; and (2)
to not announce a new TCPCTIP
competition in FY 2012.
SUPPLEMENTARY INFORMATION:
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Sfmt 4703
Public Comment
In the February 2012 notice for
TCPCTIP, the Secretary invited
comments about the potential effect the
proposed waivers and extension would
have on TCPCTIP and on applicants that
may be eligible to apply for grant
awards under any new TCPCTIP notice
inviting applications, should there be
one. We did not receive any comments.
Background
TCPCTIP funds are used by TCPCTIP
grantees to provide career and technical
education programs as authorized by
section 117 of the Carl D. Perkins Career
and Technical Education Act of 2006
(20 U.S.C. 2327). The two current
TCPCTIP grantees were selected based
on our May 15, 2007, TCPCTIP Federal
Register notice inviting applications (72
FR 27297) (May 2007 notice). The
project period for the two TCPCTIP
grantees is scheduled to end in FY 2012.
For these TCPCTIP projects, the
Secretary waives the requirements of 34
CFR 75.250 and 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
extends the current project period for
the two current TCPCTIP grantees
through FY 2013, or longer if Congress
continues to appropriate funds under
the existing program authority. This will
allow the two current TCPCTIP grantees
to request continuation awards in FY
2012.
The Secretary’s final waiver of 34 CFR
75.250 and 75.261(c)(2) and project
period extension means that: (1) Current
TCPCTIP grantees may request TCPCTIP
continuation awards in FY 2012 for
project periods through FY 2013, and
may be able do so in future years, if
Congress continues to appropriate funds
under the existing program authority;
(2) we will not announce a new
TCPCTIP competition or make new
awards in FY 2012, or subsequent years
if the existing program authority
remains in effect; (3) the May 2007
notice will continue to govern current
projects during the extension year or
years; and (4) the two applications
approved under the May 2007 notice
will govern TCPCTIP continuation
activities.
The May 2007 notice (1) Established
a project period of up to 60 months and
reiterated that funding for multi-year
awards would be dependent on a
grantee meeting the requirements of
34 CFR 75.253 (continuation of a multiyear project after the first budget
period); (2) explained the requirements
of the program; (3) described the
E:\FR\FM\23MYN1.SGM
23MYN1
Agencies
[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30514-30516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12537]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Native Hawaiian Career and Technical Education Program; Final
Waiver and Extension of Project Period
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice.
-----------------------------------------------------------------------
Overview Information
Final Waiver and Extension of Project Period for the Native Hawaiian
Career and Technical Education Program
Catalog of Federal Domestic Assistance (CFDA) Number: 84.259A.
SUMMARY: For 36-month projects funded in fiscal year (FY) 2009 under
the Native Hawaiian Career and Technical Education Program (NHCTEP),
the Secretary hereby waives 34 CFR 75.261(c)(2) in order to extend the
project period of these current NHCTEP grants for an additional 12
months. This will enable the eight current NHCTEP grantees to seek FY
2012 continuation awards for their current projects through FY 2013,
and we will not announce a new NHCTEP competition in FY 2012.
DATES: This notice of final waiver and extension of project period is
effective May 23, 2012.
FOR FURTHER INFORMATION CONTACT: Linda Mayo. Telephone: (202) 245-7792,
or by email: linda.mayo@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: On February 16, 2012, we published a notice
in the Federal Register (77 FR 9214) (February 2012 notice) proposing
to waive 34 CFR 75.261(c)(2) as it applies to NHCTEP. This regulation
restricts project period extensions involving the obligation of
additional Federal funds. In that notice, the Secretary also proposed
to extend the project period of NHCTEP grants for an additional 12
months to enable the eight current NHCTEP grantees to seek FY 2012
continuation awards for their projects through FY 2013.
Public Comment: In the February 2012 notice, the Secretary invited
comments about the potential effect that this proposed project period
waiver and extension would have on NHCTEP and on applicants that may be
eligible to apply for grant awards under any new NHCTEP notice inviting
applications, should there be one. We received three comments in
response. Generally, we do not address comments that raise concerns not
related to the proposed waiver and extension.
[[Page 30515]]
Analysis of Comments and Changes
Comment: Two commenters wrote in support of the proposed waiver and
extension, discussed the benefits and accomplishments of current NHCTEP
projects, and suggested that an extension of the current project period
would allow grantees to continue their work and expand on their
accomplishments.
Response: We agree with the commenters that extending the current
NHCTEP grant period will allow current NHCTEP grantees to request
continuation awards with which they could continue to work toward
accomplishing the goals and objectives stated in their 2009 NHCTEP
grant applications.
Change: None.
Comment: One commenter, while not addressing the Department's
proposed waiver and extension, expressed a concern about the
Department's use of the term ``Native Hawaiian'' in NHCTEP, asserting
that the term ``Native Hawaiian'' is a racial or ethnic classification
that the Department should not be using, in light of applicable U.S.
Supreme Court rulings the commenter cited. The commenter requested
that, unless the Department was following statutory terms explicitly
requiring the use of what the commenter referred to as the ``Native
Hawaiian classification,'' it should not apply that classification in
NHCTEP. The commenter requested that the Department instead make NHCTEP
grants available to all Hawaiians who meet certain socioeconomic or
other criteria.
Response: Although this comment is not germane to the Department's
proposed waiver and extension, we choose to address it in order to
provide further clarification on the NHCTEP grant award authority. As
stated in our February 2012 notice, the Department awards NHCTEP grants
under authority of section 116(h) of the Carl D. Perkins Career and
Technical Education Act of 2006 (Perkins Act or Act) (20 U.S.C.
2326(h)). Section 116(h) of the Act states that: ``the Secretary shall
award grants or enter into contracts with community-based organizations
primarily serving and representing Native Hawaiians to plan, conduct
and administer programs, or portions thereof, which are authorized by
and consistent with the provisions of [section 116(h) of the Act,] for
the benefit of Native Hawaiians'' (20 U.S.C. 2326(h)) (Emphasis added).
In accordance with this statutory authority, in its March 24, 2009,
notice inviting applications published in the Federal Register (74 FR
12333) (March 2009 notice), the Department announced the availability
of grants for community-based organizations primarily serving and
representing Native Hawaiians for the benefit of Native Hawaiians.
Subject to the availability of funds for this program, the Department
will continue to make NHCTEP awards to community-based organizations
primarily serving and representing Native Hawaiians for the benefit of
Native Hawaiians, as specifically mandated by statute.
Change: None.
Background
NHCTEP funds support grants to community-based organizations
primarily serving and representing Native Hawaiians to plan, conduct,
and administer career and technical education programs, or portions
thereof, as authorized by section 116(h) of the Perkins Act. The eight
current NHCTEP grantees were selected based on the March 2009 notice.
The project period for the eight NHCTEP grantees is scheduled to end in
FY 2012. For these NHCTEP projects, the Secretary waives the
requirement of 34 CFR 75.261(c)(2), the regulation that generally
prohibits project period extensions involving the obligation of
additional Federal funds, in order to extend the current NHCTEP project
period for an additional 12 months. This waiver and extension will
allow the eight current NHCTEP grantees to seek continuation awards in
FY 2012 for project periods through FY 2013.
The Secretary's waiver of 34 CFR 75.261(c)(2) and extension of the
current NHCTEP project period means that: (1) Current NHCTEP grantees
will be authorized to request and receive NHCTEP continuation awards in
FY 2012 for project periods through FY 2013; (2) we will not announce a
new NHCTEP competition to make new awards in FY 2012; (3) the March
2009 notice will continue to govern current projects during the
extension year; and (4) the eight currently-approved applications
selected based on the March 2009 notice will govern NHCTEP continuation
activities.
The March 2009 notice: (1) Established a project period of up to 36
months and reiterated that funding for multi-year awards would be
dependent on a grantee meeting the requirements of 34 CFR 75.253
(continuation of a multi-year project after the first budget period);
(2) explained the requirements of the program; (3) described the
evaluation and reporting requirements; and (4) established the
Government Performance and Results Act (GPRA) performance indicators
for NHCTEP.
With this waiver and extension of the project period, the current
eight NHCTEP grantees may request continuation awards for one
additional project year, through FY 2013, with FY 2012 funds Congress
has appropriated under the current statutory authority. We will
consider these continuation award requests under the current statutory
authority. Any requests for continuation awards will be subject to the
requirements of 34 CFR 75.253, including the requirement that each
grantee demonstrate that it is making substantial progress performing
its NHCTEP grant activities based on the requirements in the March 2009
notice.
We will make decisions regarding continuation awards based on
information provided in grantee requests for continuation awards,
including information provided in program narratives, budgets and
budget narratives, and performance reports. Any activities to be
carried out during the continuation year must be consistent with, or be
a logical extension of the scope, goals, and objectives of, each
grantee's application as approved in the 2009 NHCTEP competition.
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)). During the 30-
day public comment period on the notice of proposed waivers and
extension of project period, two of the three comments submitted
supported the proposed waiver and extension of the project period, and
one commenter did not address the issue. Except for minor editorial and
technical revisions, there are no differences between the proposed and
final notices of waiver and extension of the project period for NHCTEP.
In addition, given the fact that the additional period of funding is
only for a 12-month period, and to be able to make timely continuation
grants to the eight entities affected, the Secretary has determined
that a delayed effective date would be unnecessary and contrary to the
public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that the waiver and extension and the
activities required to support an additional year 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 eight currently-funded NHCTEP grantees.
[[Page 30516]]
The Secretary further certifies that the waiver and extension will
not have a significant economic impact on these NHCTEP entities because
the waiver and extension impose minimal compliance costs to extend
projects already in existence, and the activities required to support
the additional year of funding will not impose additional regulatory
burdens or require unnecessary Federal supervision. Furthermore, the
costs of carrying out these activities could be paid for with program
funds.
Paperwork Reduction Act of 1995
This notice of waiver and extension does not contain any
information collection requirements.
Intergovernmental Review
The 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.
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. 2326(h).
Dated: May 18, 2012.
Johan Uvin,
Delegated Authority to Perform the Functions and Duties of the
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-12537 Filed 5-22-12; 8:45 am]
BILLING CODE 4000-01-P