Transitioning Gang-Involved Youth to Higher Education Program, 48356-48359 [2024-12445]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 48356 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Proposed Rules within 60 days from the filing date of application: (i) A copy of a request for certification under section 401(a)(1) of the Clean Water Act, including proof of the date on which the certifying authority received the request; or (ii) A copy of water quality certification or the certifying authority’s express waiver. (4) Evidence of waiver of water quality certification. A certifying authority is deemed to have waived the certification requirements of section 401(a)(1) of the Clean Water Act if the certifying authority has not denied, expressly waived, or granted certification by one year after the date the certifying authority received a written request for certification. If a certifying authority denies certification, the applicant must file a copy of the denial within 30 days after the applicant receives it. (5) Endangered Species Act (ESA). The application must include: (i) A no-effect determination that includes documentation that no listed species or critical habitat are present in the action area; (ii) Documentation of concurrence from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Service(s)), as necessary, that the action is not likely to adversely affect ESA-listed species or critical habitat; or (iii) A draft Biological Assessment that includes documentation of consultation with the Service(s). (6) Section 106 of the National Historic Preservation Act. Documentation that section 106 consultation has been initiated with the state historic preservation officer(s) and any Indian Tribes identified as having an interest in the project. (7) Dam owner documentation. For projects to be located at existing nonpowered dams: (i) Documentation of consultation with any nonfederal owner of the nonpowered dam if the applicant is not the owner and confirmation that the owner is not opposed to a hydropower development at the location; or (ii) Documentation from the federal entity that non-federal hydropower development is not precluded at the proposed location and confirmation that the federal entity is not opposed to a hydropower development at the location. (8) Public parks, recreation areas, and wildlife refuges. If the project would use any public park, recreation area, or wildlife refuge established under state or local law, documentation from the managing entity indicating it is not VerDate Sep<11>2014 17:00 Jun 05, 2024 Jkt 262001 opposed to the site’s use for hydropower development. ■ 10. Amend § 7.7 by revising paragraph (a) to read as follows: § 7.7 Amendment of application. (a) Any proposed amendments to the pending license application after issuance of the notice of acceptance and ready for environmental analysis under this section must include: (1) An amended or new section 401 of the Clean Water Act water quality certification or a new certifying authority’s express waiver, if the amendment would have a material adverse impact on the water quality in the discharge from the proposed project; and (2) Updates to all other material submitted under § 7.2(c). * * * * * [FR Doc. 2024–11896 Filed 6–5–24; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF EDUCATION 34 CFR Chapter VI [ED–2024–OPE–0073] Transitioning Gang-Involved Youth to Higher Education Program Office of Postsecondary Education, Department of Education. ACTION: Proposed priority and definition. AGENCY: The Department of Education (Department) proposes a priority and definition for use in the Transitioning Gang-Involved Youth to Higher Education Program, Assistance Listing Number 84.116Y. The Department may use the priority and definition for competitions in fiscal year (FY) 2024 and later years. We intend for this priority and definition to support projects for organizations that work directly with gang-involved youth to help such youth pursue higher education opportunities that will lead to postsecondary certification or credentials. SUMMARY: We must receive your comments on or before July 8, 2024. ADDRESSES: Comments must be submitted via the Federal eRulemaking Portal at www.regulations.gov. However, if you require an accommodation or cannot otherwise submit your comments via www.regulations.gov, please contact the program contact person listed under FOR FURTHER INFORMATION CONTACT. The Department will not accept comments submitted by fax or by email, or comments submitted DATES: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 after the comment period closes. To ensure the Department does 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 ‘‘FAQ.’’ Note: The Department’s policy is generally to make 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: Jymece Seward, U.S. Department of Education, 400 Maryland Avenue SW, Room 5C113, Washington, DC 20202– 4260. Telephone: 202–453–6138. Email: Jymece.Seward@ed.gov. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1. SUPPLEMENTARY INFORMATION: Invitation to Comment: We invite you to submit comments regarding the proposed priority and definition. To ensure that your comments have maximum effect in developing the final priority and definition, we urge you to identify clearly the specific section of the proposed priority and definition that each comment addresses. We invite you to assist us in complying with the specific requirements of Executive Orders 12866, 13563, and 14094 and their overall requirement of reducing regulatory burden that might result from this proposed priority and definition. 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 public comments about the proposed priority and definition by accessing Regulations.gov. To inspect comments in person, 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 E:\FR\FM\06JNP1.SGM 06JNP1 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Proposed Rules disability who needs assistance to review the comments or other documents in the public rulemaking record for this proposed priority and definition. 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: The purpose of the Transitioning Gang-Involved Youth to Higher Education Program (TGIY) is to provide a funding opportunity for organizations that work directly with gang-involved youth to help such youth pursue higher education opportunities that will lead to postsecondary certification or credentials. Program Authority: 20 U.S.C. 1138– 1138d; Explanatory Statement accompanying Division D of the Further Consolidated Appropriations Act, 2024 (Pub. L. 118–47). lotter on DSK11XQN23PROD with PROPOSALS1 Proposed Priority Background: TGIY is funded under the Fund for the Improvement of Postsecondary Education (FIPSE) authority and was first authorized in FY 2021. Congress has directed the Department within the explanatory statement accompanying Division D of the Further Consolidated Appropriations Act, 2024 (Pub. L. 118– 47) to provide continued funding for this program. In order to fully implement this program in the manner that Congress has directed, and to ensure that the intended population is served, the Department is proposing a priority for organizations that work directly with gang-involved youth to help such youth pursue higher education opportunities. Proposed Priority: Projects for Organizations to Work Directly with Gang-Involved Youth to Help Such Youth Pursue Higher Education Opportunities. To meet this priority, an eligible applicant must demonstrate that the project will work directly with ganginvolved youth to help such youth pursue higher education opportunities. Types of Priorities When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows: Absolute priority: Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)). Competitive preference priority: Under a competitive preference priority, VerDate Sep<11>2014 17:00 Jun 05, 2024 Jkt 262001 we give competitive preference to an application by (1) awarding additional points, depending on the extent to which the application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications (34 CFR 75.105(c)(1)). Proposed Definition The Department proposes the following definition of ‘‘gang-involved youth’’ for this program. We may apply this definition in any year in which this program is in effect. While there is no single definition of ‘‘gang,’’ we base the proposed definition on the commonly used criteria for classifying groups as ‘‘gangs’’ identified by the U.S. Department of Justice’s National Gang Center. Because this program is focused on preparing youth for postsecondary opportunities, we propose to address youth between the ages of 14 to 24. This age range aligns with the age range in the definition of ‘‘disconnected youth’’—a population that may overlap with gang-involved youth—established by the Department for use in its discretionary grant programs.1 Aligning these definitions would promote consistency in the administration of the Department’s discretionary grant programs. Gang-involved youth means an individual, between the ages 14 and 24, who is or was involved in a group that meets the following criteria: the group has three or more members who share an identity, typically linked to a name and often other symbols; members view themselves as a gang and are recognized by others as a gang; the group has some permanence and a degree of organization; and the group is involved in an elevated level of criminal activity. Final Priority and Definition We will announce the final priority and definition in a document in the Federal Register. We will determine the final priority and definition after considering public comments on the proposed priority and definition and other information available to the Department. This document does not preclude us from proposing additional 1 See the Secretary’s Supplemental Priorities and Definitions for Discretionary Grants Programs published in the Federal Register on December 10, 2021 (86 FR 70612). PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 48357 priorities, requirements, definition, 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 this priority and definition, we invite applications through a notice in the Federal Register. Executive Orders 12866, 13563, and 14094 Regulatory Impact Analysis Under Executive Order 12866, the Office of Management and Budget (OMB) determines whether this regulatory action is ‘‘significant’’ and, therefore, subject to the requirements of the Executive order and subject to review by OMB. Section 3(f) of Executive Order 12866, as amended by Executive Order 14094, 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 $200 million or more (adjusted every three years by the Administrator of Office of Information and Regulatory Affairs (OIRA) for changes in gross domestic product); or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, territorial, or Tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise legal or policy issues for which centralized review would meaningfully further the President’s priorities, or the principles set forth in this Executive order, as specifically authorized in a timely manner by the Administrator of OIRA in each case. This proposed regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866, as amended by Executive Order 14094. We have also reviewed this proposed regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definition governing regulatory review established in Executive Order 12866, as amended by Executive Order 14094. 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 E:\FR\FM\06JNP1.SGM 06JNP1 lotter on DSK11XQN23PROD with PROPOSALS1 48358 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Proposed Rules (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 this proposed priority and definition only on a reasoned determination that their benefits would justify their costs. In choosing among alternative regulatory approaches, we selected those approaches that would 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. The potential costs associated with this priority and definition would be minimal, while the potential benefits are significant. The Department believes that this proposed regulatory action would not impose significant costs on eligible entities. Participation in this program is voluntary, and the costs imposed on applicants by this regulatory action would be limited to paperwork burden related to preparing an application. The potential benefits of implementing the program would outweigh the costs incurred by applicants, and the costs of carrying out activities associated with the application would be paid for with program funds. For these reasons, we have determined that the costs of implementation would not be VerDate Sep<11>2014 17:00 Jun 05, 2024 Jkt 262001 burdensome for eligible applicants, including small entities. 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 are those resulting from statutory requirements and those we have determined as necessary for administering the Department’s programs and activities. Clarity of the Regulations Executive Order 12866 and the Presidential memorandum ‘‘Plain Language in Government Writing’’ require each agency to write regulations that are easy to understand. The Secretary invites comments on how to make this proposed priority and definition easier to understand, including answers to questions such as the following: • Are the requirements in the proposed priority and definition clearly stated? • Does the proposed priority and definition contain technical terms or other wording that interferes with their clarity? • Does the format of the proposed priority and definition (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity? • Would the proposed priority and definition be easier to understand if we divided them into more (but shorter) sections? • Could the description of the proposed priority and definition in the SUPPLEMENTARY INFORMATION section of this preamble be more helpful in making the proposed priority and definition easier to understand? If so, how? • What else could we do to make the proposed priority and definition easier to understand? To send any comments that concern how the Department could make this proposed priority and definition easier to understand, see the instructions in the ADDRESSES section. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Regulatory Flexibility Act Certification The Secretary certifies that this proposed priority and definition would not have a significant economic impact on a substantial number of small entities. The small entities that this proposed regulatory action would affect are institutions of higher education (IHEs) that meet the eligibility requirements in section 241(1) of the Higher Education Act of 1965, as amended, and public and private nonprofit organizations and agencies that partner with IHEs. The Secretary believes that the costs imposed on applicants by the proposed priority and definition would be limited to paperwork burden related to preparing an application and that the benefits would outweigh any costs incurred by applicants. Participation in this program is voluntary. For this reason, the proposed priority and definition would impose no burden on small entities unless they applied for funding under the program. We expect that in determining whether to apply for TGIY funds, an eligible applicant 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 TGIY grant. Eligible applicants most likely would apply only if they determine that the likely benefits exceed the costs of preparing an application. The likely benefits 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 use of that application to seek funding from other sources to work directly with ganginvolved youth to help them pursue higher education opportunities that will lead to postsecondary certification or credentials. 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 eligible small 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. E:\FR\FM\06JNP1.SGM 06JNP1 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Proposed Rules Paperwork Reduction Act of 1995 This proposed priority and definition do not contain any information collection requirements. Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. 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. Nasser Paydar, Assistant Secretary for Postsecondary Education. [FR Doc. 2024–12445 Filed 6–5–24; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2024–0006] RIN 2127–AM40 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Motor Vehicle Safety Standards; Fuel System Integrity of Hydrogen Vehicles, Compressed Hydrogen Storage System Integrity, Incorporation by Reference National Highway Traffic Safety Administration (NHTSA); Department of Transportation (DOT). ACTION: Proposed rule; extension of comment period. AGENCY: NHTSA received requests to extend the comment period for the SUMMARY: VerDate Sep<11>2014 17:00 Jun 05, 2024 Jkt 262001 Notice of Proposed Rulemaking (NPRM) regarding fuel system integrity of hydrogen vehicles and compressed hydrogen storage system integrity that NHTSA published on April 17, 2024. The comment period for the NPRM was scheduled to end on June 17, 2024. NHTSA is extending the comment period for the NPRM by 30 days. DATES: The comment period for the NPRM published on April 17, 2024, at 89 FR 27502, is extended to July 17, 2024. You may submit comments to the docket number identified in the heading of this document by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: All submissions must include the agency name and docket number. Note that all comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act discussion below. We will consider all comments received before the close of business on the comment closing date indicated above. To the extent possible, we will also consider comments filed after the closing date. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov at any time or to 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Telephone: 202–366–9826. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its decision-making process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.transportation.gov/privacy. In order to facilitate comment tracking and response, we encourage commenters to ADDRESSES: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 48359 provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. Confidential Business Information: If you wish to submit any information under a claim of confidentiality, you must submit your request directly to NHTSA’s Office of the Chief Counsel. Requests for confidentiality are governed by 49 CFR part 512. NHTSA is currently treating electronic submission as an acceptable method for submitting confidential business information to the agency under part 512. If you would like to submit a request for confidential treatment, you may email your submission to Dan Rabinovitz in the Office of the Chief Counsel at Daniel.Rabinovitz@dot.gov or you may contact him for a secure file transfer link. At this time, you should not send a duplicate hardcopy of your electronic CBI submissions to DOT headquarters. If you claim that any of the information or documents provided to the agency constitute confidential business information within the meaning of 5 U.S.C. 552(b)(4), or are protected from disclosure pursuant to 18 U.S.C. 1905, you must submit supporting information together with the materials that are the subject of the confidentiality request, in accordance with part 512, to the Office of the Chief Counsel. Your request must include a cover letter setting forth the information specified in our confidential business information regulation (49 CFR 512.8) and a certificate, pursuant to § 512.4(b) and part 512, Appendix A. In addition, you should submit a copy, from which you have deleted the claimed confidential business information, to the Docket at the address given above. FOR FURTHER INFORMATION CONTACT: For technical issues: Ian MacIntire, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590 (telephone) 202–493–0248, (email) Ian.MacIntire@dot.gov. For legal issues: Paul Connet, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590, (telephone) 202–366–5547, (email) Paul.Connet@ dot.gov. SUPPLEMENTARY INFORMATION: On April 17, 2024, NHTSA published an NPRM proposing to establish two new Federal motor vehicle safety standards (FMVSSs) that would specify performance requirements for all motor vehicles that use hydrogen as a fuel E:\FR\FM\06JNP1.SGM 06JNP1

Agencies

[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Proposed Rules]
[Pages 48356-48359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12445]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[ED-2024-OPE-0073]


Transitioning Gang-Involved Youth to Higher Education Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Proposed priority and definition.

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

SUMMARY: The Department of Education (Department) proposes a priority 
and definition for use in the Transitioning Gang-Involved Youth to 
Higher Education Program, Assistance Listing Number 84.116Y. The 
Department may use the priority and definition for competitions in 
fiscal year (FY) 2024 and later years. We intend for this priority and 
definition to support projects for organizations that work directly 
with gang-involved youth to help such youth pursue higher education 
opportunities that will lead to postsecondary certification or 
credentials.

DATES: We must receive your comments on or before July 8, 2024.

ADDRESSES: Comments must be submitted via the Federal eRulemaking 
Portal at www.regulations.gov. However, if you require an accommodation 
or cannot otherwise submit your comments via www.regulations.gov, 
please contact the program contact person listed under FOR FURTHER 
INFORMATION CONTACT. The Department will not accept comments submitted 
by fax or by email, or comments submitted after the comment period 
closes. To ensure the Department does 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 
``FAQ.''
    Note: The Department's policy is generally to make 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: Jymece Seward, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5C113, Washington, DC 20202-
4260. Telephone: 202-453-6138. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priority and definition. To ensure that your comments have 
maximum effect in developing the final priority and definition, we urge 
you to identify clearly the specific section of the proposed priority 
and definition that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 14094 and their 
overall requirement of reducing regulatory burden that might result 
from this proposed priority and definition. 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 public 
comments about the proposed priority and definition by accessing 
Regulations.gov. To inspect comments in person, 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

[[Page 48357]]

disability who needs assistance to review the comments or other 
documents in the public rulemaking record for this proposed priority 
and definition. 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: The purpose of the Transitioning Gang-Involved 
Youth to Higher Education Program (TGIY) is to provide a funding 
opportunity for organizations that work directly with gang-involved 
youth to help such youth pursue higher education opportunities that 
will lead to postsecondary certification or credentials.
    Program Authority: 20 U.S.C. 1138-1138d; Explanatory Statement 
accompanying Division D of the Further Consolidated Appropriations Act, 
2024 (Pub. L. 118-47).

Proposed Priority

    Background: TGIY is funded under the Fund for the Improvement of 
Postsecondary Education (FIPSE) authority and was first authorized in 
FY 2021. Congress has directed the Department within the explanatory 
statement accompanying Division D of the Further Consolidated 
Appropriations Act, 2024 (Pub. L. 118-47) to provide continued funding 
for this program. In order to fully implement this program in the 
manner that Congress has directed, and to ensure that the intended 
population is served, the Department is proposing a priority for 
organizations that work directly with gang-involved youth to help such 
youth pursue higher education opportunities.
    Proposed Priority: Projects for Organizations to Work Directly with 
Gang-Involved Youth to Help Such Youth Pursue Higher Education 
Opportunities.
    To meet this priority, an eligible applicant must demonstrate that 
the project will work directly with gang-involved youth to help such 
youth pursue higher education opportunities.

Types of Priorities

    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).

Proposed Definition

    The Department proposes the following definition of ``gang-involved 
youth'' for this program. We may apply this definition in any year in 
which this program is in effect. While there is no single definition of 
``gang,'' we base the proposed definition on the commonly used criteria 
for classifying groups as ``gangs'' identified by the U.S. Department 
of Justice's National Gang Center. Because this program is focused on 
preparing youth for postsecondary opportunities, we propose to address 
youth between the ages of 14 to 24. This age range aligns with the age 
range in the definition of ``disconnected youth''--a population that 
may overlap with gang-involved youth--established by the Department for 
use in its discretionary grant programs.\1\ Aligning these definitions 
would promote consistency in the administration of the Department's 
discretionary grant programs.
---------------------------------------------------------------------------

    \1\ See the Secretary's Supplemental Priorities and Definitions 
for Discretionary Grants Programs published in the Federal Register 
on December 10, 2021 (86 FR 70612).
---------------------------------------------------------------------------

    Gang-involved youth means an individual, between the ages 14 and 
24, who is or was involved in a group that meets the following 
criteria: the group has three or more members who share an identity, 
typically linked to a name and often other symbols; members view 
themselves as a gang and are recognized by others as a gang; the group 
has some permanence and a degree of organization; and the group is 
involved in an elevated level of criminal activity.

Final Priority and Definition

    We will announce the final priority and definition in a document in 
the Federal Register. We will determine the final priority and 
definition after considering public comments on the proposed priority 
and definition and other information available to the Department. This 
document does not preclude us from proposing additional priorities, 
requirements, definition, 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 this priority and definition, we invite 
applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 14094

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) determines whether this regulatory action is ``significant'' and, 
therefore, subject to the requirements of the Executive order and 
subject to review by OMB. Section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094, 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 $200 million or more 
(adjusted every three years by the Administrator of Office of 
Information and Regulatory Affairs (OIRA) for changes in gross domestic 
product); or adversely affect in a material way the economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or State, local, territorial, or Tribal 
governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise legal or policy issues for which centralized review would 
meaningfully further the President's priorities, or the principles set 
forth in this Executive order, as specifically authorized in a timely 
manner by the Administrator of OIRA in each case.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866, as amended by Executive Order 14094.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definition governing regulatory review 
established in Executive Order 12866, as amended by Executive Order 
14094. 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

[[Page 48358]]

(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 this proposed priority and definition only on a 
reasoned determination that their benefits would justify their costs. 
In choosing among alternative regulatory approaches, we selected those 
approaches that would 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.
    The potential costs associated with this priority and definition 
would be minimal, while the potential benefits are significant. The 
Department believes that this proposed regulatory action would not 
impose significant costs on eligible entities. Participation in this 
program is voluntary, and the costs imposed on applicants by this 
regulatory action would be limited to paperwork burden related to 
preparing an application. The potential benefits of implementing the 
program would outweigh the costs incurred by applicants, and the costs 
of carrying out activities associated with the application would be 
paid for with program funds. For these reasons, we have determined that 
the costs of implementation would not be burdensome for eligible 
applicants, including small entities.
    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 are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand. The Secretary invites comments 
on how to make this proposed priority and definition easier to 
understand, including answers to questions such as the following:
     Are the requirements in the proposed priority and 
definition clearly stated?
     Does the proposed priority and definition contain 
technical terms or other wording that interferes with their clarity?
     Does the format of the proposed priority and definition 
(grouping and order of sections, use of headings, paragraphing, etc.) 
aid or reduce their clarity?
     Would the proposed priority and definition be easier to 
understand if we divided them into more (but shorter) sections?
     Could the description of the proposed priority and 
definition in the SUPPLEMENTARY INFORMATION section of this preamble be 
more helpful in making the proposed priority and definition easier to 
understand? If so, how?
     What else could we do to make the proposed priority and 
definition easier to understand?
    To send any comments that concern how the Department could make 
this proposed priority and definition easier to understand, see the 
instructions in the ADDRESSES section.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Regulatory Flexibility Act Certification

    The Secretary certifies that this proposed priority and definition 
would not have a significant economic impact on a substantial number of 
small entities.
    The small entities that this proposed regulatory action would 
affect are institutions of higher education (IHEs) that meet the 
eligibility requirements in section 241(1) of the Higher Education Act 
of 1965, as amended, and public and private nonprofit organizations and 
agencies that partner with IHEs. The Secretary believes that the costs 
imposed on applicants by the proposed priority and definition would be 
limited to paperwork burden related to preparing an application and 
that the benefits would outweigh any costs incurred by applicants.
    Participation in this program is voluntary. For this reason, the 
proposed priority and definition would impose no burden on small 
entities unless they applied for funding under the program. We expect 
that in determining whether to apply for TGIY funds, an eligible 
applicant 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 TGIY grant. Eligible applicants most likely 
would apply only if they determine that the likely benefits exceed the 
costs of preparing an application. The likely benefits 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 use 
of that application to seek funding from other sources to work directly 
with gang-involved youth to help them pursue higher education 
opportunities that will lead to postsecondary certification or 
credentials.
    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 eligible small 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.

[[Page 48359]]

Paperwork Reduction Act of 1995

    This proposed priority and definition do not contain any 
information collection requirements.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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.

Nasser Paydar,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2024-12445 Filed 6-5-24; 8:45 am]
BILLING CODE 4000-01-P
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