Proposed Requirements and Definitions-Tribally Controlled Postsecondary Career and Technical Institutions Program, 13012-13016 [2019-06491]

Download as PDF 13012 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD–2018–OS–0096] Submission for OMB Review; Comment Request Office of the Under Secretary of Defense for Intelligence, DoD. ACTION: 30-Day information collection notice. AGENCY: The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. DATES: Consideration will be given to all comments received by May 3, 2019. ADDRESSES: Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at oira_submission@ omb.eop.gov. Please identify the proposed information collection by DoD Desk Officer, Docket ID number, and title of the information collection. FOR FURTHER INFORMATION CONTACT: Angela James 571–372–7574, or whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: Department of Defense NISP Contractor Classification System; DD Form 254; OMB Control Number 0704– 0567. Type of Request: Revision. Number of Respondents: 3,211. Responses per Respondent: 10. Annual Responses: 32,110. Average Burden per Response: 70 minutes. Annual Burden Hours: 37,462. Needs and Uses: This collection is a revision to the collection under OMB Control Number 0704–0567 (DD254) approved in November 2017. Pursuant to 48 CFR, part 27, in conjunction with subpart 4.4 of the Federal Acquisition Regulation, contracting officers shall determine whether access to classified information may be required by a contractor during contract performance. When access to classified information is required, DoD Components shall use the ‘‘Contract Security Classification Specification,’’ DD Form 254, as an attachment to contracts or agreements requiring access to classified information by U.S. contractors. The NISP Contract Classification System (NCCS) will be the new electronic repository for the DD254. It will expedite the processing and distribution of contract classification specifications khammond on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:18 Apr 02, 2019 Jkt 247001 for contracts requiring access to classified information. NCCS also has a built-in automated process for the Request for Approval to Subcontract and will provide workflow support for the Facility Clearance Request (FCL) and National Interest Determination (NID) processes. Respondents can register for and request access to NCCS at: https://wawf.eb.mil/. This website is Common Access Card (CAC) enabled and accessible by government contractors. Affected Public: Business or other forprofit. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: Ms. Jasmeet Seehra. You may also submit comments and recommendations, identified by Docket ID number and title, by the following method: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, Docket ID number, and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. DOD Clearance Officer: Ms. Angela James. Requests for copies of the information collection proposal should be sent to Ms. James at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil. Dated: March 28, 2019. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2019–06410 Filed 4–2–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION [Docket ID ED–2019–OCTAE–0007] Proposed Requirements and Definitions—Tribally Controlled Postsecondary Career and Technical Institutions Program Office of Career, Technical, and Adult Education, Department of Education. ACTION: Proposed requirements and definitions. AGENCY: The Assistant Secretary for Career, Technical, and Adult Education SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 proposes requirements and definitions under the Tribally Controlled Postsecondary Career and Technical Institutions Program (TCPCTIP), Catalog of Federal Domestic Assistance (CFDA) number 84.245. The Assistant Secretary may use these requirements and definitions for a competition in fiscal year (FY) 2019 and in later years. We propose these requirements and definitions to clarify the circumstances under which stipends may be paid to students attending tribally controlled postsecondary career and technical institutions and to establish requirements applicants must meet to demonstrate that they (1) are eligible for assistance under TCPCTIP and (2) will use grant funds in accordance with statutory requirements. DATES: We must receive your comments on or before May 3, 2019. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘How to Use Regulations .gov.’’ • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about this notice of proposed requirements and definitions, address them to Kiawanta HunterKeiser, U.S. Department of Education, 400 Maryland Avenue SW, Room 11– 119, Potomac Center Plaza (PCP), Washington, DC 20202–7241. Privacy Note: The Department’s policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Kiawanta Hunter-Keiser, U.S. Department of Education, 400 Maryland Avenue SW, Room 11–119, PCP, Washington, DC 20202–7241. Telephone: (202) 245–7724. Email: Kiawanta.Hunter-Keiser@ed.gov. E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices 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. khammond on DSKBBV9HB2PROD with NOTICES SUPPLEMENTARY INFORMATION: Invitation to Comment: We invite you to submit comments regarding the proposed requirements and definitions. To ensure that your comments have maximum effect in developing the notice of final requirements and definitions, we urge you to identify clearly the specific proposed requirement or definition that each comment addresses. We invite you to assist us in complying with the specific requirements of Executive Orders 12866, 13563, and 13771 and their overall requirement of reducing regulatory burden that might result from these proposed requirements and definitions. Please let us know of any further ways we could reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program. During and after the comment period, you may inspect all public comments about the proposed requirements and definitions by accessing Regulations .gov. You may also inspect the comments in person in Room 11–119, PCP, 400 Maryland Avenue SW, Washington, DC, between 8:30 a.m. and 4 p.m., Eastern Time, Monday through Friday of each week except Federal holidays. Please contact the person listed under FOR FURTHER INFORMATION CONTACT. 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 document. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Purpose of Program: Section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, as amended by the Strengthening Career and Technical Education for the 21st Century Act (Pub. L. 115–224) (Perkins V or the Act) authorizes the Secretary to make grants to tribally controlled postsecondary career and technical institutions that do not receive Federal support under Title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.) or the Navajo Community College Act (Pub. L. 92– VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 189; 85 Stat. 646) for career and technical education programs for Indian students and for the institutional support costs of the grant. Program Authority: Section 117 of Perkins V (20 U.S.C. 2327). Proposed Requirements Application Requirements: The Assistant Secretary proposes the following application requirements for this program. We may apply one or more of these requirements in any year in which this program is in effect. Background: We propose to establish six application requirements for TCPCTIP competitions to enable us to determine the eligibility of an applicant for assistance; evaluate the extent to which its proposed uses of funds are allowable under section 117; determine the extent to which the grant amount it has requested is reasonable and necessary; identify the goals and objectives that the applicant hopes to achieve with the proposed project; and determine whether the procedures the applicant proposes to use with respect to the award of student stipends are consistent with the program requirements related to student stipends that we also propose to establish. The six proposed application requirements are similar to the application requirements used in the notice inviting applications for the last TCPCTIP competition that we held in FY 2007 (see 72 FR 27297, May 15, 2007) (May 2007 Notice) following the enactment of the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV). The proposed application requirements omit an application requirement from the May 2007 Notice that asked applicants to identify ‘‘longrange and short-range needs,’’ including the ‘‘institution’s plans for the placement of students (e.g., placement into additional training or education, military service, or employment).’’ We do not include this May 2007 application requirement because it duplicates proposed application requirement (d), which asks applicants to set out ‘‘goals and objectives’’ for the proposed project. Proposed Application Requirements: To receive a TCPCTIP grant, an applicant must include one or more of the following in its application: (a) Documentation showing that the applicant is eligible, according to each of the requirements in the Eligible Applicants section of this notice (and pursuant to sections 117(a) and (d) of Perkins V), including meeting the definition of the terms ‘‘tribally controlled postsecondary career and technical institution’’ and ‘‘institution PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 13013 of higher education’’ (e.g., proof of the institution’s accreditation status) and certification that the institution does 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 (Pub. L. 92– 189; 85 Stat. 646). (b) Descriptions of the career and technical education programs, including academic courses, to be supported under the proposed TCPCTIP project. Projects funded under this competition must propose organized educational activities that meet the definition of career and technical education, as that term is defined in section 3(5) of the Act. (c) The estimated number of students to be served by the proposed project in each career and technical education program in each year of the project. (d) Goals and objectives for the proposed project, including how the attainment of the goals and objectives would further Tribal economic development plans, if any. (e) A detailed budget identifying the costs to be paid with funds under this program for each year of the project period, and resources available from other Federal, State, and local sources, including any student financial aid, that will be used to achieve the goals and objectives of the proposed project. (f) A description of the procedure the applicant intends to use to determine student eligibility for stipends and stipend amounts, and its oversight procedures for the awarding and payment of stipends. Program Requirements: The Assistant Secretary proposes the following program requirements for this program. We may apply one or more of these requirements in any year in which this program is in effect. Background: The payment of stipends to students attending tribally controlled postsecondary career and technical institutions receiving assistance under section 117 of the Act was first authorized by the Carl D. Perkins Vocational and Technical Education Act of 1998 (Pub. L. 105–332), which was enacted on October 31, 1998. The Department established requirements for the payment of such student stipends in the notice inviting applications for new awards for FY 2001, which was the first grant competition conducted under the revised authority (see 66 FR 17035, March 28, 2001) (March 2001 Notice). Among other requirements, the March 2001 Notice required that, to be eligible for a stipend, a student must— E:\FR\FM\03APN1.SGM 03APN1 khammond on DSKBBV9HB2PROD with NOTICES 13014 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices (1) Be enrolled in a career and technical education program funded under section 117 as at least a half-time student; (2) Be in regular attendance and meet the tribally controlled postsecondary institution’s attendance requirement; (3) Maintain satisfactory progress in his or her course of study according to the tribally controlled institution’s published standards of satisfactory progress; and (4) Have an acute economic need (defined as an income at or below the poverty level) that prevents participation in a project funded under this program that cannot be met through a work-study program. The March 2001 Notice also required that the amount of the stipend be determined by multiplying the number of hours a student actually attended a program by the greater of the minimum hourly wage that was prescribed by State or local law, or by the minimum hourly wage that is established under the Fair Labor Standards Act. However, an institution could only award a stipend to a student if, and to the extent that the stipend combined with other resources the student received did not exceed the student’s financial need, which was defined as the difference between the student’s cost of attendance and the financial aid or other resources that would be used to defray the costs of the student participating in the project. Authorization for section 117 grantees to pay student stipends was continued in Perkins IV. The May 2007 Notice established the same requirements for the payment of student stipends as the March 2001 Notice, except that the May 2007 Notice— (1) Authorized payment of stipends to students whose attendance status was less than half-time; (2) Permitted payment of a stipend to a student only when the student was taking a course for the first time; (3) Did not define the term ‘‘acute economic need’’; and (4) Directed applicants to describe the procedure they intended to use to determine student eligibility for stipends and stipend amounts, and its oversight procedures for the awarding and payment of stipends. For future TCPCTIP competitions, we propose to establish the same requirements for the payment of student stipends that were established by the May 2007 Notice. We believe these requirements have worked well to ensure that TCPCTIP funds are used appropriately to assist only those students with an acute economic need that prevents their participation and VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 that cannot be met through a work-study program. We note also that comparable requirements for the payment of student stipends have worked well and without controversy for nearly two decades in another program that provides assistance for career and technical education for Native American students—the Native American Career and Technical Education Program, authorized by section 116 of Perkins V. Finally, we note that the continuation of the May 2007 student stipend requirements is consistent with the Principles of Economic Mobility in Executive Order 13828, Reducing Poverty in America by Promoting Opportunity and Economic Mobility, which emphasize that work-capable individuals should be engaged in a work activity, which may include career and technical education, as a condition of receiving means-tested public assistance. Proposed Program Requirements: (a) Stipends may be paid to enable students to participate in a TCPCTIP career and technical education program. (1) To be eligible for a stipend, a student must— (i) Be enrolled in a career and technical education project funded under this program; (ii) Be in regular attendance in a TCPCTIP project and meet the training institution’s attendance requirement; (iii) Maintain satisfactory progress in his or her program of study according to the training institution’s published standards for satisfactory progress; and (iv) Have an acute economic need that prevents participation in a project funded under this program without a stipend and that cannot be met through a work-study program. (b) The amount of a stipend is based on the greater of either the minimum hourly wage prescribed by State or local law or the minimum hourly wage established under the Fair Labor Standards Act. (c) A grantee may only award a stipend if the stipend combined with other resources the student receives does not exceed the student’s financial need. A ‘‘student’s financial need’’ is the difference between the student’s cost of attendance and the financial aid or other resources available to defray the student’s cost of participating in a TCPCTIP project. (d) To calculate the amount of a student stipend, a grantee would multiply the number of hours a student actually attends career and technical education instruction by the greater of the amount of the minimum hourly wage that is prescribed by State or local law or by the minimum hourly wage PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 that is established under the Fair Labor Standards Act. Example: If a grantee uses the Fair Labor Standards Act minimum hourly wage of $7.25 and a student attends classes for 20 hours a week, the student’s stipend would be $145 for the week during which the student attends classes ($7.25 × 20 = $145). (e) Grantees must maintain records that fully support their decisions to award stipends and the amounts that are paid, such as proof of a student’s enrollment in a TCPCTIP, stipend applications, timesheets showing the number of attendance hours confirmed in writing by an instructor, student financial status information, and evidence that a student would not be able to participate in the TCPCTIP project without a stipend. (20 U.S.C. 1232f; 34 CFR 75.700–75.702, 75.730, and 75.731) (f) An eligible student may receive a stipend when taking a course for the first time. However, a stipend may not be provided to a student who has already taken, completed, and had the opportunity to benefit from a course and is merely repeating the course. Proposed Definitions Background: We propose to establish a definition of ‘‘institutional support of career and technical education,’’ a term used in the list of allowable expenses identified in section 117(e)(1)(D) of the Act. To clarify what direct expenditures this term includes, we propose to define this term to mean administrative expenses incurred by an eligible institution that are related to conducting a career and technical education program for Indian students that is assisted under section 117 and administering a grant awarded under section 117. Under this proposed definition, for example, the costs associated with the accreditation of a particular career and technical education program funded under section 117 would be allowable direct costs, as would any expenditures related to administering a section 117 grant, such as the salary of a project director. In contrast, any general administrative expenses incurred by an institution, such as the costs associated with the accreditation of the overall institution itself, would not be allowable direct costs under section 117. However, there would be no limitation on the indirect costs a section 117 grantee could charge to its grant. Moreover, consistent with section 117(c)(3), a grantee could use an unrestricted rate in calculating the indirect costs that may be charged to the grant. E:\FR\FM\03APN1.SGM 03APN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices We believe this proposed definition is consistent with the purposes of TCPCTIP and other pertinent provisions of section 117. For example, section 117(a) indicates that the grants made under section 117 are to ‘‘provide basic support for the education and training of Indian students,’’ while section 117(b) states that grant funds are to be ‘‘used for career and technical education programs for Indian students and for the institutional support costs of the grant.’’ The March 2001 and May 2007 Notices included comparable clarifications. We also propose to establish a definition of ‘‘stipend’’ that is intended to clarify its purpose and the circumstances under which stipends may be paid to students. The proposed definition is identical to the definition of ‘‘stipend’’ that was used in the March 2001 and May 2007 Notices. Proposed Definitions: The Assistant Secretary proposes the following definitions for this program. We may apply one or both of these definitions in any year in which this program is in effect. Institutional support of career and technical education means administrative expenses incurred by an eligible institution that are related to conducting a career and technical education program for Indian students that is assisted under section 117 of the Act and administering a grant awarded under section 117. Stipend means a subsistence allowance for a student that is necessary for the student to participate in a project funded under this program. Final Requirements and Definitions: We will announce the final requirements and definitions in a document published in the Federal Register. We will determine the final requirements and definitions after considering responses to the proposed requirements and definitions and other information available to the Department. This document does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements. Note: This document does not solicit applications. In any year in which we choose to use one or more of these requirements and definitions, we invite applications through a notice in the Federal Register. Executive Orders 12866, 13563, and 13771 Regulatory Impact Analysis Under Executive Order 12866, it must be determined whether this regulatory action is ‘‘significant’’ and, therefore, VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a ‘‘significant regulatory action’’ as an action likely to result in a rule that may— (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities in a material way (also referred to as an ‘‘economically significant’’ rule); (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles stated in the Executive order. This proposed regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866. Under Executive Order 13771, for each new regulation that the Department proposes for notice and comment or otherwise promulgates that is a significant regulatory action under Executive Order 12866, and that imposes total costs greater than zero, it must identify two deregulatory actions. For FY 2019, any new incremental costs associated with a new regulation must be fully offset by the elimination of existing costs through deregulatory actions. However, Executive Order 13771 does not apply to ‘‘transfer rules’’ that cause only income transfers between taxpayers and program beneficiaries, such as those regarding discretionary grant programs. The proposed priority and requirements would be utilized in connection with a discretionary grant program and, therefore, Executive Order 13771 is not applicable. We have also reviewed this proposed regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency— (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify); PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 13015 (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations; (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices. Executive Order 13563 also requires an agency ‘‘to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.’’ The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include ‘‘identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.’’ We are issuing these proposed requirements and definitions only on a reasoned determination that their benefits justify their costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Department believes that this regulatory action is consistent with the principles in Executive Order 13563. We also have determined that this regulatory action would not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions. In accordance with these Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs associated with this regulatory action are those resulting from regulatory requirements and those we have determined are necessary for administering the Department’s programs and activities. Summary of Costs and Benefits: The Department believes that these proposed requirements and definitions would not impose significant costs on tribally controlled postsecondary career and technical institutions eligible for E:\FR\FM\03APN1.SGM 03APN1 khammond on DSKBBV9HB2PROD with NOTICES 13016 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices assistance under section 117 of Perkins V. We also believe that the benefits of implementing the proposed requirements and definitions justify any associated costs. The Department believes that the proposed application requirements would help to ensure that: Only institutions eligible for assistance under section 117 of the Act receive such assistance; grants provided under section 117 of the Act are awarded only for allowable, reasonable, and necessary costs; and eligible applicants consider carefully in preparing their applications how the grants may be used to improve career and technical education programs and the outcomes of the students who enroll in them. The program requirements and related definitions are necessary to ensure that taxpayer funds are expended appropriately. The Department further believes that the costs imposed on an applicant by the proposed requirements and definitions would be largely limited to the paperwork burden related to meeting the application requirements and that the benefits of preparing an application and receiving an award would justify any costs incurred by the applicant. Entities selected for awards under section 117 of the Act would be able to pay the costs associated with implementing the program requirements related to student stipends with grant funds. Thus, the costs of these proposed requirements and definitions would not be a significant burden for any eligible applicant. Elsewhere in this section under Paperwork Reduction Act of 1995, we identify and explain burdens specifically associated with information collection requirements. Paperwork Reduction Act of 1995 (PRA): These proposed requirements and definitions do not contain any information collection requirements subject to the PRA. The Department is aware of fewer than nine tribally controlled postsecondary career and technical institutions that meet the eligibility requirements of section 117 of the Act and could thus be expected to apply in a response to a notice inviting applications. Information collection requirements imposed on nine or fewer individuals or entities are not subject to the PRA. Regulatory Flexibility Act Certification: The Secretary certifies that this proposed regulatory action would not have a significant economic impact on a substantial number of small entities. The U.S. Small Business Administration Size Standards define ‘‘small entities’’ as for-profit or nonprofit institutions with total annual VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 revenue below $7,000,000 or, if they are institutions controlled by small governmental jurisdictions (that are comprised of cities, counties, towns, townships, villages, school districts, or special districts), with a population of less than 50,000. The small entities that this proposed regulatory action would affect are institutions of higher education. We believe that the costs imposed on an applicant by the proposed requirements and definitions would be limited to paperwork burden related to preparing an application and that the benefits of implementing these proposed requirements and definitions would outweigh any costs incurred by the applicant. Participation in TCPCTIP is voluntary. For this reason, the proposed application requirements would impose no burden on small entities unless they applied for funding under TCPCTIP. We expect that in determining whether to apply for TCPCTIP funds, an eligible entity would evaluate the requirements of preparing an application and any associated costs, and weigh them against the benefits likely to be achieved by receiving a TCPCTIP grant. An eligible entity would probably apply only if it determines that the likely benefits exceed the costs of preparing an application. The likely benefits of applying for a TCPCTIP grant include the potential receipt of a grant as well as other benefits that may accrue to an entity through its development of an application, such as the identification of long- and short-range plans for the institution and its career and technical education programs. Additionally, proposed application requirement (a), which would direct applicants to document their eligibility under section 117 of the Act, would focus the attention of all prospective applicants on the eligibility requirements in section 117 of the Act and help discourage entities that do not meet them from incurring the time and expense of preparing a full application. The costs of meeting the other proposed requirements related to student stipends could be paid with grant funds and entities that do not receive a grant would not be required to meet them. We believe that the proposed requirements and definitions would not impose any additional burden on a small entity applying for a grant than the entity would face in the absence of the proposed action. That is, the length of the applications those entities would submit in the absence of the proposed regulatory action and the time needed to prepare an application would likely be the same. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 This proposed regulatory action would not have a significant economic impact on a small entity once it receives a grant because it would be able to meet the costs of compliance using the funds provided under this program. We invite comments from small eligible entities as to whether they believe this proposed regulatory action would have a significant economic impact on them and, if so, request evidence to support that belief. Intergovernmental Review: This program 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 program 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. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. 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 Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the 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. Dated: March 29, 2019. Scott Stump, Assistant Secretary for Career, Technical, and Adult Education. [FR Doc. 2019–06491 Filed 4–2–19; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION [Docket No. ED–2019–ICCD–0045] Agency Information Collection Activities; Comment Request; Part 601 Preferred Lender Arrangements Federal Student Aid (FSA), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection. SUMMARY: E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13012-13016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06491]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

[Docket ID ED-2019-OCTAE-0007]


Proposed Requirements and Definitions--Tribally Controlled 
Postsecondary Career and Technical Institutions Program

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Proposed requirements and definitions.

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

SUMMARY: The Assistant Secretary for Career, Technical, and Adult 
Education proposes requirements and definitions under the Tribally 
Controlled Postsecondary Career and Technical Institutions Program 
(TCPCTIP), Catalog of Federal Domestic Assistance (CFDA) number 84.245. 
The Assistant Secretary may use these requirements and definitions for 
a competition in fiscal year (FY) 2019 and in later years. We propose 
these requirements and definitions to clarify the circumstances under 
which stipends may be paid to students attending tribally controlled 
postsecondary career and technical institutions and to establish 
requirements applicants must meet to demonstrate that they (1) are 
eligible for assistance under TCPCTIP and (2) will use grant funds in 
accordance with statutory requirements.

DATES: We must receive your comments on or before May 3, 2019.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to Use Regulations.gov.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this notice of proposed 
requirements and definitions, address them to Kiawanta Hunter-Keiser, 
U.S. Department of Education, 400 Maryland Avenue SW, Room 11-119, 
Potomac Center Plaza (PCP), Washington, DC 20202-7241.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Kiawanta Hunter-Keiser, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 11-119, PCP, 
Washington, DC 20202-7241. Telephone: (202) 245-7724. Email: 
[email protected].

[[Page 13013]]

    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: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed requirements and definitions. To ensure that your comments 
have maximum effect in developing the notice of final requirements and 
definitions, we urge you to identify clearly the specific proposed 
requirement or definition that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 13771 and their 
overall requirement of reducing regulatory burden that might result 
from these proposed requirements and definitions. Please let us know of 
any further ways we could reduce potential costs or increase potential 
benefits while preserving the effective and efficient administration of 
the program.
    During and after the comment period, you may inspect all public 
comments about the proposed requirements and definitions by accessing 
Regulations.gov. You may also inspect the comments in person in Room 
11-119, PCP, 400 Maryland Avenue SW, Washington, DC, between 8:30 a.m. 
and 4 p.m., Eastern Time, Monday through Friday of each week except 
Federal holidays. Please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    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 document. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: Section 117 of the Carl D. Perkins Career and 
Technical Education Act of 2006, as amended by the Strengthening Career 
and Technical Education for the 21st Century Act (Pub. L. 115-224) 
(Perkins V or the Act) authorizes the Secretary to make grants to 
tribally controlled postsecondary career and technical institutions 
that do not receive Federal support under Title I of the Tribally 
Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 
1802 et seq.) or the Navajo Community College Act (Pub. L. 92-189; 85 
Stat. 646) for career and technical education programs for Indian 
students and for the institutional support costs of the grant.
    Program Authority: Section 117 of Perkins V (20 U.S.C. 2327).

Proposed Requirements

    Application Requirements: The Assistant Secretary proposes the 
following application requirements for this program. We may apply one 
or more of these requirements in any year in which this program is in 
effect.
    Background: We propose to establish six application requirements 
for TCPCTIP competitions to enable us to determine the eligibility of 
an applicant for assistance; evaluate the extent to which its proposed 
uses of funds are allowable under section 117; determine the extent to 
which the grant amount it has requested is reasonable and necessary; 
identify the goals and objectives that the applicant hopes to achieve 
with the proposed project; and determine whether the procedures the 
applicant proposes to use with respect to the award of student stipends 
are consistent with the program requirements related to student 
stipends that we also propose to establish. The six proposed 
application requirements are similar to the application requirements 
used in the notice inviting applications for the last TCPCTIP 
competition that we held in FY 2007 (see 72 FR 27297, May 15, 2007) 
(May 2007 Notice) following the enactment of the Carl D. Perkins Career 
and Technical Education Act of 2006 (Perkins IV).
    The proposed application requirements omit an application 
requirement from the May 2007 Notice that asked applicants to identify 
``long-range and short-range needs,'' including the ``institution's 
plans for the placement of students (e.g., placement into additional 
training or education, military service, or employment).'' We do not 
include this May 2007 application requirement because it duplicates 
proposed application requirement (d), which asks applicants to set out 
``goals and objectives'' for the proposed project.
    Proposed Application Requirements: To receive a TCPCTIP grant, an 
applicant must include one or more of the following in its application:
    (a) Documentation showing that the applicant is eligible, according 
to each of the requirements in the Eligible Applicants section of this 
notice (and pursuant to sections 117(a) and (d) of Perkins V), 
including meeting the definition of the terms ``tribally controlled 
postsecondary career and technical institution'' and ``institution of 
higher education'' (e.g., proof of the institution's accreditation 
status) and certification that the institution does 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 (Pub. L. 92-189; 85 Stat. 646).
    (b) Descriptions of the career and technical education programs, 
including academic courses, to be supported under the proposed TCPCTIP 
project. Projects funded under this competition must propose organized 
educational activities that meet the definition of career and technical 
education, as that term is defined in section 3(5) of the Act.
    (c) The estimated number of students to be served by the proposed 
project in each career and technical education program in each year of 
the project.
    (d) Goals and objectives for the proposed project, including how 
the attainment of the goals and objectives would further Tribal 
economic development plans, if any.
    (e) A detailed budget identifying the costs to be paid with funds 
under this program for each year of the project period, and resources 
available from other Federal, State, and local sources, including any 
student financial aid, that will be used to achieve the goals and 
objectives of the proposed project.
    (f) A description of the procedure the applicant intends to use to 
determine student eligibility for stipends and stipend amounts, and its 
oversight procedures for the awarding and payment of stipends.
    Program Requirements: The Assistant Secretary proposes the 
following program requirements for this program. We may apply one or 
more of these requirements in any year in which this program is in 
effect.
    Background: The payment of stipends to students attending tribally 
controlled postsecondary career and technical institutions receiving 
assistance under section 117 of the Act was first authorized by the 
Carl D. Perkins Vocational and Technical Education Act of 1998 (Pub. L. 
105-332), which was enacted on October 31, 1998. The Department 
established requirements for the payment of such student stipends in 
the notice inviting applications for new awards for FY 2001, which was 
the first grant competition conducted under the revised authority (see 
66 FR 17035, March 28, 2001) (March 2001 Notice). Among other 
requirements, the March 2001 Notice required that, to be eligible for a 
stipend, a student must--

[[Page 13014]]

    (1) Be enrolled in a career and technical education program funded 
under section 117 as at least a half-time student;
    (2) Be in regular attendance and meet the tribally controlled 
postsecondary institution's attendance requirement;
    (3) Maintain satisfactory progress in his or her course of study 
according to the tribally controlled institution's published standards 
of satisfactory progress; and
    (4) Have an acute economic need (defined as an income at or below 
the poverty level) that prevents participation in a project funded 
under this program that cannot be met through a work-study program.
    The March 2001 Notice also required that the amount of the stipend 
be determined by multiplying the number of hours a student actually 
attended a program by the greater of the minimum hourly wage that was 
prescribed by State or local law, or by the minimum hourly wage that is 
established under the Fair Labor Standards Act. However, an institution 
could only award a stipend to a student if, and to the extent that the 
stipend combined with other resources the student received did not 
exceed the student's financial need, which was defined as the 
difference between the student's cost of attendance and the financial 
aid or other resources that would be used to defray the costs of the 
student participating in the project.
    Authorization for section 117 grantees to pay student stipends was 
continued in Perkins IV. The May 2007 Notice established the same 
requirements for the payment of student stipends as the March 2001 
Notice, except that the May 2007 Notice--
    (1) Authorized payment of stipends to students whose attendance 
status was less than half-time;
    (2) Permitted payment of a stipend to a student only when the 
student was taking a course for the first time;
    (3) Did not define the term ``acute economic need''; and
    (4) Directed applicants to describe the procedure they intended to 
use to determine student eligibility for stipends and stipend amounts, 
and its oversight procedures for the awarding and payment of stipends.
    For future TCPCTIP competitions, we propose to establish the same 
requirements for the payment of student stipends that were established 
by the May 2007 Notice. We believe these requirements have worked well 
to ensure that TCPCTIP funds are used appropriately to assist only 
those students with an acute economic need that prevents their 
participation and that cannot be met through a work-study program. We 
note also that comparable requirements for the payment of student 
stipends have worked well and without controversy for nearly two 
decades in another program that provides assistance for career and 
technical education for Native American students--the Native American 
Career and Technical Education Program, authorized by section 116 of 
Perkins V. Finally, we note that the continuation of the May 2007 
student stipend requirements is consistent with the Principles of 
Economic Mobility in Executive Order 13828, Reducing Poverty in America 
by Promoting Opportunity and Economic Mobility, which emphasize that 
work-capable individuals should be engaged in a work activity, which 
may include career and technical education, as a condition of receiving 
means-tested public assistance.
    Proposed Program Requirements: (a) Stipends may be paid to enable 
students to participate in a TCPCTIP career and technical education 
program.
    (1) To be eligible for a stipend, a student must--
    (i) Be enrolled in a career and technical education project funded 
under this program;
    (ii) Be in regular attendance in a TCPCTIP project and meet the 
training institution's attendance requirement;
    (iii) Maintain satisfactory progress in his or her program of study 
according to the training institution's published standards for 
satisfactory progress; and
    (iv) Have an acute economic need that prevents participation in a 
project funded under this program without a stipend and that cannot be 
met through a work-study program.
    (b) The amount of a stipend is based on the greater of either the 
minimum hourly wage prescribed by State or local law or the minimum 
hourly wage established under the Fair Labor Standards Act.
    (c) A grantee may only award a stipend if the stipend combined with 
other resources the student receives does not exceed the student's 
financial need. A ``student's financial need'' is the difference 
between the student's cost of attendance and the financial aid or other 
resources available to defray the student's cost of participating in a 
TCPCTIP project.
    (d) To calculate the amount of a student stipend, a grantee would 
multiply the number of hours a student actually attends career and 
technical education instruction by the greater of the amount of the 
minimum hourly wage that is prescribed by State or local law or by the 
minimum hourly wage that is established under the Fair Labor Standards 
Act.
    Example: If a grantee uses the Fair Labor Standards Act minimum 
hourly wage of $7.25 and a student attends classes for 20 hours a week, 
the student's stipend would be $145 for the week during which the 
student attends classes ($7.25 x 20 = $145).
    (e) Grantees must maintain records that fully support their 
decisions to award stipends and the amounts that are paid, such as 
proof of a student's enrollment in a TCPCTIP, stipend applications, 
timesheets showing the number of attendance hours confirmed in writing 
by an instructor, student financial status information, and evidence 
that a student would not be able to participate in the TCPCTIP project 
without a stipend. (20 U.S.C. 1232f; 34 CFR 75.700-75.702, 75.730, and 
75.731)
    (f) An eligible student may receive a stipend when taking a course 
for the first time. However, a stipend may not be provided to a student 
who has already taken, completed, and had the opportunity to benefit 
from a course and is merely repeating the course.

Proposed Definitions

    Background: We propose to establish a definition of ``institutional 
support of career and technical education,'' a term used in the list of 
allowable expenses identified in section 117(e)(1)(D) of the Act. To 
clarify what direct expenditures this term includes, we propose to 
define this term to mean administrative expenses incurred by an 
eligible institution that are related to conducting a career and 
technical education program for Indian students that is assisted under 
section 117 and administering a grant awarded under section 117.
    Under this proposed definition, for example, the costs associated 
with the accreditation of a particular career and technical education 
program funded under section 117 would be allowable direct costs, as 
would any expenditures related to administering a section 117 grant, 
such as the salary of a project director. In contrast, any general 
administrative expenses incurred by an institution, such as the costs 
associated with the accreditation of the overall institution itself, 
would not be allowable direct costs under section 117. However, there 
would be no limitation on the indirect costs a section 117 grantee 
could charge to its grant. Moreover, consistent with section 117(c)(3), 
a grantee could use an unrestricted rate in calculating the indirect 
costs that may be charged to the grant.

[[Page 13015]]

    We believe this proposed definition is consistent with the purposes 
of TCPCTIP and other pertinent provisions of section 117. For example, 
section 117(a) indicates that the grants made under section 117 are to 
``provide basic support for the education and training of Indian 
students,'' while section 117(b) states that grant funds are to be 
``used for career and technical education programs for Indian students 
and for the institutional support costs of the grant.'' The March 2001 
and May 2007 Notices included comparable clarifications. We also 
propose to establish a definition of ``stipend'' that is intended to 
clarify its purpose and the circumstances under which stipends may be 
paid to students. The proposed definition is identical to the 
definition of ``stipend'' that was used in the March 2001 and May 2007 
Notices.
    Proposed Definitions: The Assistant Secretary proposes the 
following definitions for this program. We may apply one or both of 
these definitions in any year in which this program is in effect.
    Institutional support of career and technical education means 
administrative expenses incurred by an eligible institution that are 
related to conducting a career and technical education program for 
Indian students that is assisted under section 117 of the Act and 
administering a grant awarded under section 117.
    Stipend means a subsistence allowance for a student that is 
necessary for the student to participate in a project funded under this 
program.
    Final Requirements and Definitions: We will announce the final 
requirements and definitions in a document published in the Federal 
Register. We will determine the final requirements and definitions 
after considering responses to the proposed requirements and 
definitions and other information available to the Department. This 
document does not preclude us from proposing additional priorities, 
requirements, definitions, or selection criteria, subject to meeting 
applicable rulemaking requirements.
    Note: This document does not solicit applications. In any year in 
which we choose to use one or more of these requirements and 
definitions, we invite applications through a notice in the Federal 
Register.

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, it must be determined whether this 
regulatory action is ``significant'' and, therefore, subject to the 
requirements of the Executive order and subject to review by the Office 
of Management and Budget (OMB). Section 3(f) of Executive Order 12866 
defines a ``significant regulatory action'' as an action likely to 
result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    Under Executive Order 13771, for each new regulation that the 
Department proposes for notice and comment or otherwise promulgates 
that is a significant regulatory action under Executive Order 12866, 
and that imposes total costs greater than zero, it must identify two 
deregulatory actions. For FY 2019, any new incremental costs associated 
with a new regulation must be fully offset by the elimination of 
existing costs through deregulatory actions. However, Executive Order 
13771 does not apply to ``transfer rules'' that cause only income 
transfers between taxpayers and program beneficiaries, such as those 
regarding discretionary grant programs. The proposed priority and 
requirements would be utilized in connection with a discretionary grant 
program and, therefore, Executive Order 13771 is not applicable.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these proposed requirements and definitions only on 
a reasoned determination that their benefits justify their costs. In 
choosing among alternative regulatory approaches, we selected those 
approaches that maximize net benefits. Based on the analysis that 
follows, the Department believes that this regulatory action is 
consistent with the principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs associated 
with this regulatory action are those resulting from regulatory 
requirements and those we have determined are necessary for 
administering the Department's programs and activities.
    Summary of Costs and Benefits: The Department believes that these 
proposed requirements and definitions would not impose significant 
costs on tribally controlled postsecondary career and technical 
institutions eligible for

[[Page 13016]]

assistance under section 117 of Perkins V. We also believe that the 
benefits of implementing the proposed requirements and definitions 
justify any associated costs.
    The Department believes that the proposed application requirements 
would help to ensure that: Only institutions eligible for assistance 
under section 117 of the Act receive such assistance; grants provided 
under section 117 of the Act are awarded only for allowable, 
reasonable, and necessary costs; and eligible applicants consider 
carefully in preparing their applications how the grants may be used to 
improve career and technical education programs and the outcomes of the 
students who enroll in them. The program requirements and related 
definitions are necessary to ensure that taxpayer funds are expended 
appropriately.
    The Department further believes that the costs imposed on an 
applicant by the proposed requirements and definitions would be largely 
limited to the paperwork burden related to meeting the application 
requirements and that the benefits of preparing an application and 
receiving an award would justify any costs incurred by the applicant. 
Entities selected for awards under section 117 of the Act would be able 
to pay the costs associated with implementing the program requirements 
related to student stipends with grant funds. Thus, the costs of these 
proposed requirements and definitions would not be a significant burden 
for any eligible applicant.
    Elsewhere in this section under Paperwork Reduction Act of 1995, we 
identify and explain burdens specifically associated with information 
collection requirements.
    Paperwork Reduction Act of 1995 (PRA): These proposed requirements 
and definitions do not contain any information collection requirements 
subject to the PRA. The Department is aware of fewer than nine tribally 
controlled postsecondary career and technical institutions that meet 
the eligibility requirements of section 117 of the Act and could thus 
be expected to apply in a response to a notice inviting applications. 
Information collection requirements imposed on nine or fewer 
individuals or entities are not subject to the PRA.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this proposed regulatory action would not have a significant 
economic impact on a substantial number of small entities. The U.S. 
Small Business Administration Size Standards define ``small entities'' 
as for-profit or nonprofit institutions with total annual revenue below 
$7,000,000 or, if they are institutions controlled by small 
governmental jurisdictions (that are comprised of cities, counties, 
towns, townships, villages, school districts, or special districts), 
with a population of less than 50,000.
    The small entities that this proposed regulatory action would 
affect are institutions of higher education. We believe that the costs 
imposed on an applicant by the proposed requirements and definitions 
would be limited to paperwork burden related to preparing an 
application and that the benefits of implementing these proposed 
requirements and definitions would outweigh any costs incurred by the 
applicant.
    Participation in TCPCTIP is voluntary. For this reason, the 
proposed application requirements would impose no burden on small 
entities unless they applied for funding under TCPCTIP. We expect that 
in determining whether to apply for TCPCTIP funds, an eligible entity 
would evaluate the requirements of preparing an application and any 
associated costs, and weigh them against the benefits likely to be 
achieved by receiving a TCPCTIP grant. An eligible entity would 
probably apply only if it determines that the likely benefits exceed 
the costs of preparing an application. The likely benefits of applying 
for a TCPCTIP grant include the potential receipt of a grant as well as 
other benefits that may accrue to an entity through its development of 
an application, such as the identification of long- and short-range 
plans for the institution and its career and technical education 
programs. Additionally, proposed application requirement (a), which 
would direct applicants to document their eligibility under section 117 
of the Act, would focus the attention of all prospective applicants on 
the eligibility requirements in section 117 of the Act and help 
discourage entities that do not meet them from incurring the time and 
expense of preparing a full application. The costs of meeting the other 
proposed requirements related to student stipends could be paid with 
grant funds and entities that do not receive a grant would not be 
required to meet them.
    We believe that the proposed requirements and definitions would not 
impose any additional burden on a small entity applying for a grant 
than the entity would face in the absence of the proposed action. That 
is, the length of the applications those entities would submit in the 
absence of the proposed regulatory action and the time needed to 
prepare an application would likely be the same.
    This proposed regulatory action would not have a significant 
economic impact on a small entity once it receives a grant because it 
would be able to meet the costs of compliance using the funds provided 
under this program. We invite comments from small eligible entities as 
to whether they believe this proposed regulatory action would have a 
significant economic impact on them and, if so, request evidence to 
support that belief.
    Intergovernmental Review: This program 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 program 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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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 Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the 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.

    Dated: March 29, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2019-06491 Filed 4-2-19; 8:45 am]
 BILLING CODE 4000-01-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.