Research and Development Infrastructure Grant, 58287-58291 [2024-15537]

Download as PDF Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations exportation, reexportation, or transfer (in-country) to the Russian Federation of such software is licensed or otherwise authorized by the Department of Commerce; or (ii) Not subject to the EAR and for which the exportation, reexportation, or transfer (in-country) to the Russian Federation of such software would be eligible for a license exception or otherwise authorized by the Department of Commerce if it were subject to the EAR. This determination shall take effect beginning at 12:01 a.m. eastern daylight time on September 12, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control. [FR Doc. 2024–15709 Filed 7–17–24; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF EDUCATION 34 CFR Chapter VI [Docket ID ED–2024–OPE–0065] Research and Development Infrastructure Grant Office of Postsecondary Education, Department of Education. ACTION: Final priorities, requirements, and definitions. AGENCY: The Department of Education (Department) issues priorities, requirements, and definitions for use in the Research and Development Infrastructure (RDI) grant program. The Department may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2024 and later years. We intend for these priorities, requirements, and definitions to help Historically Black Colleges and Universities (HBCUs), Tribal Controlled Colleges and Universities (TCCUs), and MinorityServing Institutions (MSIs) implement transformational investments in research infrastructure, including research productivity, faculty expertise, graduate programs, physical infrastructure, human capital development, and partnerships leading to increases in external funding. DATES: These priorities, requirements, and definitions are effective August 19, 2024. FOR FURTHER INFORMATION CONTACT: Jason Cottrell, Ph.D., U.S. Department of Education, 400 Maryland Avenue SW, Room 5C122, Washington, DC 20202– 4260. Telephone: (202) 453–7530. Email: Jason.Cottrell@ed.gov. If you are deaf, hard of hearing, or have a speech disability and wish to khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:44 Jul 17, 2024 Jkt 262001 access telecommunications relay services, please dial 7–1–1. SUPPLEMENTARY INFORMATION: Purpose of Program: The RDI grant program is designed to provide HBCUs, TCCUs, and MSIs, including Asian American and Native American Pacific Islander Serving Institutions (AANAPISIs), Alaska Native and Native Hawaiian Serving Institutions (ANNH), Hispanic Serving Institutions (HSIs), Native American Serving Non-Tribal Institutions (NASNTIs), and Predominantly Black Institutions (PBIs), and consortia led by an eligible institution of higher education, with funds to implement transformational investments in research infrastructure, including research productivity, faculty expertise, graduate programs, physical infrastructure, human capital development, and partnerships leading to increases in external and sustained funding. Assistance Listing Number: 84.116H. Program Authority: 20 U.S.C. 1138– 1138d. We published a notice of proposed priorities, requirements, and definitions in the Federal Register on May 17, 2024 (89 FR 43352) (NPP). That document contained background information and the Department’s reasons for proposing the particular priorities, requirements, and definitions. There is one substantive difference between the proposed priorities, requirements, and definitions and these final priorities, requirements, and definitions. We have added Priority 5, as described below. Public Comment: In response to our invitation in the NPP, six parties submitted comments on the proposed priorities, requirements, and definitions. Generally, we do not address technical and other minor changes, or suggested changes that the law does not authorize us to make under applicable statutory authority. In addition, we do not address general comments that raised concerns not directly related to the proposed priorities, requirements, or definitions. Analysis of Comments and Changes: An analysis of the comments and of any changes in the priorities, requirements, and definitions since publication of the NPP follows. Priorities Comments: One commenter suggested that we modify Proposed Priority 1 to support schools that demonstrate intention and realistic capacity to move from any research status under the American Council on Education’s Carnegie Classification System to classification as a Research College and PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 58287 University (RCU) or a Doctoral University with High Research Activity (R2), rather than limiting support to RCU and R2 institutions seeking to move up to classification as R2 or Doctoral University with Very High Research Activity (R1), respectively. The commenter suggested that, if an applicant can demonstrate a realistic prospect of movement into R1, it already has a substantial level of research and development infrastructure and financial capacity. Discussion: The purpose of the RDI grant program is to support institutions that have limited resources and diverse student enrollments—as the eligible entities, HBCUs, TCCUs, and MSIs, do— with funds to implement transformational investments in research infrastructure to move into R2 or R1 status. Attaining R2 or R1 status assists institutions with recruiting top students and faculty, funding top-of-theline facilities to conduct research, and producing and disseminating cuttingedge knowledge. While we recognize that a wide range of institutions, regardless of Carnegie classification, could benefit from additional investments in research and development (R&D) infrastructure, the Department believes that these limited funds have the greatest potential to transform R&D infrastructure at institutions if they are targeted to support institutions in making steps towards R2 and R1 status under the Carnegie Classification System. The funding is designed to help institutions move towards R2 or R1 status, regardless of how close they are to achieving it. Changes: None. Comments: One commenter proposed amending Proposed Priority 4 to align the Pell Grant recipient threshold from the proposed 50 percent of undergraduate students to the current Department of Education Office of Postsecondary Education standards for Title III and Title V grant programs. The commenter stated that this change would, by aligning requirements across Department programs, ease administrative burden on institutions. Discussion: The 50 percent Pell recipient threshold in Priority 4 is a higher bar than either of the metrics used for eligibility for titles III and V programs. To be designated as eligible to apply under the titles III and V programs, institutions must demonstrate high enrollment of needy students by meeting either of the following two criteria: (1) at least 50 percent of its degree-seeking students received financial assistance under the Federal Pell Grant, Federal Supplemental E:\FR\FM\18JYR1.SGM 18JYR1 khammond on DSKJM1Z7X2PROD with RULES 58288 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations Educational Opportunity Grant (FSEOG), or Federal Work Study (FWS) programs; or (2) the percentage of its undergraduate degree-seeking students who were enrolled on at least a halftime basis and received Federal Pell Grants exceeded the median percentage of undergraduate degree students who were enrolled on at least a half-time basis and received Federal Pell Grants at comparable institutions that offer similar instruction. For purposes of this priority, we believe this higher standard is appropriate because the explanatory statement originally authorizing funding for this program, contained within Division H of the Consolidated Appropriations Act, 2023 (Pub. L. 117– 328), specified that these grants are intended to provide ‘‘transformational’’ investments to improve institutions’ R&D infrastructure. The Department believes these funds have the highest potential to transform an institution’s R&D infrastructure if they are targeted to the institutions with the fewest resources that enroll the highest percentages of needy students. We do not believe that this metric imposes any burden upon applicants because the Department will use administrative data to calculate the Pell percentage for applicant institutions. Changes: None. Comments: None. Discussion: As we stated in the NPP, TCCUs currently have their own Carnegie classification and are not included in the R1, R2, or RCU classifications. Accordingly, we proposed Priority 2 for TCCUs, which uses an alternative measure of their R&D infrastructure. Since publication of the NPP, the American Council on Education announced that starting in 2025, TCCUs will be included in the same classification system as HBCUs, MSIs, and other institutions.1 Therefore, we are adding a priority for TCCUs that mirrors the priorities for HBCUs and MSIs for use following the change to the Carnegie classifications, while maintaining Priority 2 so that the grant program can support TCCUs until such change occurs. Changes: We have added Priority 5 to support projects proposed by TCCUs to implement high-quality transformative research capacity initiatives designed to move the institution from R2 to R1, or from RCU to R2, research activity status. Requirements Comments: Three commenters suggested changes to the match and 1 2025 Research Designations FAQs—CARNEGIE CLASSIFICATION OF INSTITUTIONS OF HIGHER EDUCATION (acenet.edu). VerDate Sep<11>2014 15:44 Jul 17, 2024 Jkt 262001 waiver requirements. Two commenters proposed eliminating the match and waiver requirements, and another commenter suggested that schools applying under Priorities 2 or 4 should be exempt automatically from the match requirement. Discussion: We believe that a match requirement will help ensure that there is sufficient institutional investment in the work supported by the grant to achieve and sustain a transformational impact. We recognize that some applicants will have fewer resources, which is the reason we include the exceptions. Rather than creating exceptions for some types of institutions, we think it is simpler to have a general matching requirement and allow low-resourced schools to qualify for a waiver. Changes: None. Comments: One commenter suggested that we revise Proposed Requirement 1, Use of Funds, to include ‘‘humanities’’ under allowable activity 1 and that we further specify that faculty development under activity 14 must improve or enhance faculty capacity to manage R&D projects in fields of research for which funds have been awarded under this program. Discussion: Under activity 1, grantees may use funds to improve infrastructure relating to the enumerated fields, as well as ‘‘other disciplines.’’ The humanities would constitute another discipline under this allowable use of funds, and, accordingly, no change is required. We designed activity 14 relating to faculty professional development to allow for broad support, based on the specific needs of the faculty in the context of the particular project. We do not think that being more prescriptive would benefit grantees. Changes: None. Comments: One commenter recommended not restricting the indirect cost rate. Discussion: The indirect cost reimbursement is limited to 8 percent of a modified total direct cost base. The Department proposed this limitation in order to maximize the Federal resources that support direct costs associated with the project. Changes: None. Definitions Comments: One commenter suggested that the definition for Research Colleges and Universities (RCUs) should include an option to use data from an institution’s annual financial statements instead of data from the National Science Foundation (NSF) Higher Education Research and Development (HERD) survey. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Discussion: To ensure that the program is supporting transformational investments in R&D infrastructure, consistent with the Explanatory Statement for this program, the Department is using the Carnegie Classifications for Institutional Research to determine an institution’s current level of research activity. We believe this is the best measure because of the standardization for doctoral degree production and the measures of institutional dollars expended by the institution annually. Because Carnegie classifications are based on data from the NSF HERD survey, using this measure ensures consistency in how we assess institutional research activity. Changes: None. Final Priorities The Secretary establishes the following priorities for use in the RDI grant program. Priority 1: Funding for Historically Black Colleges and Universities’ Research and Development Infrastructure. Projects proposed by HBCUs to implement high-quality transformative research capacity initiatives and designed to move the institution from R2 to R1, or from RCU to R2, research activity status. Priority 2: Funding for Tribal Controlled Colleges and Universities’ Research and Development Infrastructure. Projects proposed by TCCUs to improve their research and development activities, including infrastructure, faculty development, and academic programs. Priority 3: Funding for MinorityServing Institutions’ Research and Development Infrastructure. Projects proposed by MSIs to implement high-quality transformative research capacity initiatives and designed to move the institution from R2 to R1, or from RCU to R2, research activity status. Priority 4: MSI Pell Grant Percentage. Projects proposed by lead applicants with an enrollment of Pell Grant recipients that accounts for 50 percent or higher of their undergraduate student enrollment, as measured by the Department using the most recent data available in the Integrated Postsecondary Education Data System (IPEDS). Priority 5: Funding for Tribal Controlled Colleges and Universities’ Research And Development Infrastructure. Projects proposed by TCCUs to implement high-quality transformative research capacity initiatives and E:\FR\FM\18JYR1.SGM 18JYR1 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations designed to move the institution from R2 to R1, or from RCU to R2, research activity status. khammond on DSKJM1Z7X2PROD with RULES 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)). Final Requirements The Secretary establishes the following requirements for use in the RDI grant program. Requirement 1—Use of Funds. Grantees must conduct one or more of the following activities: (1) Providing for the improvement of infrastructure existing on the date of the grant award, including deferred maintenance, or the establishment of new physical infrastructure, including instructional program spaces, laboratories, and research facilities relating to the fields of science, technology, engineering, the arts, mathematics, health, agriculture, education, medicine, law, and other disciplines. (2) Hiring and retaining faculty, students, research-related staff, or other personnel, including research personnel skilled in operating, using, or applying technology, equipment, or devices to conduct or support research. (3) Supporting research internships and fellowships for students, including undergraduate, graduate, and postdoctoral positions, which may include providing direct student financial assistance and other supports to such students. (4) Creating new, or expanding existing, academic positions, including VerDate Sep<11>2014 15:44 Jul 17, 2024 Jkt 262001 internships, fellowships, and postdoctoral positions, in fields of research for which research and development infrastructure funds have been awarded to the grantee under this program. (5) Creating and supporting inter- and intra-institutional research centers (including formal and informal communities of practice) in fields of research for which research and development infrastructure funds have been awarded to the grantee under this program, including hiring staff, purchasing supplies and equipment, and funding travel to relevant conferences and seminars to support the work of such centers. (6) Building new institutional support structures and departments that help faculty learn about, and increase faculty and student access to, Federal research and development grant funds and nonFederal academic research grants. (7) Building data and collaboration infrastructure so that early findings and research can be securely shared to facilitate peer review and other appropriate collaboration. (8) Providing programs of study and courses in fields of research for which research and development infrastructure funds have been awarded to the grantee under this program. (9) Paying operating and administrative expenses for, and coordinating project partnerships with members of, the consortium on behalf of which the eligible institution has received a grant under this program, provided that grantees may not pay for the expenses of any R1 institutions that are members of the consortia. (10) Installing or extending the life and usability of basic systems and components of campus facilities related to research, including high-speed broadband internet infrastructure sufficient to support digital and technology-based learning. (11) Expanding, remodeling, renovating, or altering biomedical and behavioral research facilities existing on the date of the grant award that received support under section 404I of the Public Health Service Act (42 U.S.C. 283k). (12) Acquiring and installing furniture, fixtures, and instructional research-related equipment and technology for academic instruction in campus facilities in fields of research for which research and development infrastructure funds have been awarded to the grantee under this program. (13) Providing increased funding to programs that support research and development at the eligible institution that are funded by the National Institutes of Health, including through PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 58289 their Path to Excellence and Innovation program. (14) Faculty professional development. (15) Planning purposes. Requirement 2—Indirect Cost Rate Information. A grantee’s indirect cost reimbursement is limited to 8 percent of a modified total direct cost base. For more information regarding indirect costs, or to obtain a negotiated indirect cost rate, please see www.ed.gov/about/ offices/list/ocfo/intro.html. Requirement 3—Matching Requirements and Exceptions. Grantees must provide a 1:1 match, which can include in-kind donations. The Secretary may waive the matching requirement on a case-by-case basis upon a showing of any of the following exceptional circumstances: (i) The difficulty of raising matching funds for a program to serve an area with high rates of poverty in the lead applicant’s geographic location, defined as a Census tract, a set of contiguous Census tracts, an American Indian Reservation, Oklahoma Tribal Statistical Area (as defined by the U.S. Census Bureau), Alaska Native Village Statistical Area or Alaska Native Regional Corporation Area, Native Hawaiian Homeland Area, or other Tribal land or county that has a poverty rate of at least 25 percent as determined every 5 years using American Community Survey 5-Year data; (ii) Serving a significant population of students from low-income backgrounds at the lead applicant location, defined as at least 50 percent (or the eligibility threshold for the appropriate institutional sector available at https:// www2.ed.gov/about/offices/list/ope/ idues/eligibility.html#app) of degreeseeking enrolled students receiving need-based grant aid under Title IV of the HEA; (iii) Significant economic hardship as demonstrated by low average educational and general expenditures per full-time equivalent undergraduate student at the lead applicant institution, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction without need of a waiver, as determined by the Secretary in accordance with the annual process for designation of eligible Titles III and V institutions; or (iv) Information that otherwise demonstrates a commitment to the longterm sustainability of the applicant’s projects, such as evidence of a consortium relationship with an R1 institution, a State bond, State matching, planning documents such as E:\FR\FM\18JYR1.SGM 18JYR1 58290 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations a campus plan, multi-year faculty hiring plan, support of industry, Federal grants received, or a demonstration of institutional commitment that may include commitment from the institution’s board. Requirement 4: Limitation on Grant Awards. The Department will only make awards to applicants that are not the individual or lead applicant in a current active grant from the RDI grant program. khammond on DSKJM1Z7X2PROD with RULES The Secretary establishes the following definitions for use in the RDI grant program. Research 1: Very High Research Spending and Doctorate Production (R1) means that an institution has spent at least $50 million in total research and development (R&D) in a year, as reported to the National Science Foundation (NSF) Higher Education Research and Development (HERD) Survey, and awarded at least 70 research/scholarship doctorates in a year, as reported to IPEDS. Research 2: High Research Spending and Doctorate Production (R2) means that an institution has spent at least $5 million in total R&D in a year, as reported to the NSF HERD Survey, and awarded at least 20 research/scholarship doctorates in a year, as reported to IPEDS. It does not include institutions designated R1. Research Colleges and Universities (RCU) means that an institution has spent at least $2.5 million in total R&D in a year, as reported to the NSF HERD Survey. It does not include institutions designated R1 or R2. Historically Black College or University means an institution that meets the eligibility requirements under section 322(2) of the Higher Education Act of 1965, as amended (HEA). Minority-Serving Institution means an institution that is eligible to receive assistance under sections 317 through 320 of part A of title III, or under title V of the HEA. Tribal Controlled Colleges or Universities has the meaning ascribed it in section 316(b)(3) of the HEA. Underrepresented students means students enrolled in postsecondary, career, or technical education who are in one or more of the following subgroups: (i) A student from a lowincome background. (ii) A student who is American Indian, Alaska Native, Asian American, Black, Hispanic or Latino, Native Hawaiian, and/or Pacific Islander. This document does not preclude us from proposing additional priorities, requirements, definitions, or selection 15:44 Jul 17, 2024 Executive Orders 12866, 13563, and 14094 Regulatory Impact Analysis Final Definitions VerDate Sep<11>2014 criteria, subject to meeting applicable rulemaking requirements. Note: This document does not solicit applications. In any year in which we choose to use any of these priorities, requirements, or definitions, we invite applications through a notice in the Federal Register. Jkt 262001 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 final 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 final regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 (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 final priorities, 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. The potential costs associated with these priorities, requirements, and definitions are minimal, while the potential benefits are significant. The Department believes that this final regulatory action will not impose significant costs on eligible entities. Participation in this program is voluntary, and the costs imposed on applicants by this regulatory action will be limited to paperwork burden related to preparing an application. The potential benefits of implementing the program will outweigh the costs incurred by applicants, and the costs of carrying out activities associated with the application will be paid for with program funds. For these reasons, we have determined that the costs of implementation will not be burdensome E:\FR\FM\18JYR1.SGM 18JYR1 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES for eligible applicants, including small entities. We also have determined that this regulatory action does 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. 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 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 these final priorities, requirements, and definitions will not have a significant economic impact on a substantial number of small entities. The small entities that this final regulatory action will affect are IHEs that meet the eligibility requirements described in section 241(1) of the HEA. The Secretary believes that the costs imposed on applicants by the final priorities, requirements, and definitions will be limited to paperwork burden related to preparing an application and that the benefits will outweigh any costs incurred by applicants. Participation in this program is voluntary. For this reason, the final priorities, requirements, and definitions will impose no burden on small entities unless they applied for funding under the program. We expect that in determining whether to apply for RDI grant program 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 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 VerDate Sep<11>2014 15:44 Jul 17, 2024 Jkt 262001 development of an application, such as the use of that application to seek funding from other sources to address the institution’s R&D infrastructure needs. This final regulatory action will not have a significant economic impact on a small entity once it receives a grant because it will be able to meet the costs of compliance using the funds provided under this program. Paperwork Reduction Act of 1995 These final priorities, requirements, and definitions 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, 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 Department documents 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 Department documents 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. 2024–15537 Filed 7–17–24; 8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2024–0034; FRL–11775– 02–R5] Air Plan Approval; Ohio; OAC Chapter 3745–17 Particulate Matter Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 58291 The Environmental Protection Agency (EPA) is approving revisions to Ohio’s particulate matter rules into the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). The revisions to Ohio’s particulate matter rules remove provisions for facilities or emissions units that have permanently shut down, update facility names and addresses, and make nonsubstantive revisions to the language of the rules. EPA proposed to approve this action on April 15, 2024, and received two comments. DATES: This final rule is effective on August 19, 2024. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2024–0034. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through https:// www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Emily Crispell, Environmental Scientist, at (312) 353–8512 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Emily Crispell, Air and Radiation Division (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois, 60604, (312) 353–8512, crispell.emily@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. SUMMARY: I. Background Information On January 18, 2024, the Ohio Environmental Protection Agency (Ohio) requested SIP approval of a variety of amendments to its regulations in Ohio Administrative Code (OAC) Chapter 3745–17, entitled ‘‘Particulate Matter Standards.’’ The amended rules include administrative revisions such as the removal of provisions that pertain to facilities that have permanently shut down, renumbering of emissions units E:\FR\FM\18JYR1.SGM 18JYR1

Agencies

[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Rules and Regulations]
[Pages 58287-58291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15537]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2024-OPE-0065]


Research and Development Infrastructure Grant

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final priorities, requirements, and definitions.

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SUMMARY: The Department of Education (Department) issues priorities, 
requirements, and definitions for use in the Research and Development 
Infrastructure (RDI) grant program. The Department may use one or more 
of these priorities, requirements, and definitions for competitions in 
fiscal year (FY) 2024 and later years. We intend for these priorities, 
requirements, and definitions to help Historically Black Colleges and 
Universities (HBCUs), Tribal Controlled Colleges and Universities 
(TCCUs), and Minority-Serving Institutions (MSIs) implement 
transformational investments in research infrastructure, including 
research productivity, faculty expertise, graduate programs, physical 
infrastructure, human capital development, and partnerships leading to 
increases in external funding.

DATES: These priorities, requirements, and definitions are effective 
August 19, 2024.

FOR FURTHER INFORMATION CONTACT: Jason Cottrell, Ph.D., U.S. Department 
of Education, 400 Maryland Avenue SW, Room 5C122, Washington, DC 20202-
4260. Telephone: (202) 453-7530. 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: 
    Purpose of Program: The RDI grant program is designed to provide 
HBCUs, TCCUs, and MSIs, including Asian American and Native American 
Pacific Islander Serving Institutions (AANAPISIs), Alaska Native and 
Native Hawaiian Serving Institutions (ANNH), Hispanic Serving 
Institutions (HSIs), Native American Serving Non-Tribal Institutions 
(NASNTIs), and Predominantly Black Institutions (PBIs), and consortia 
led by an eligible institution of higher education, with funds to 
implement transformational investments in research infrastructure, 
including research productivity, faculty expertise, graduate programs, 
physical infrastructure, human capital development, and partnerships 
leading to increases in external and sustained funding.
    Assistance Listing Number: 84.116H.
    Program Authority: 20 U.S.C. 1138-1138d.
    We published a notice of proposed priorities, requirements, and 
definitions in the Federal Register on May 17, 2024 (89 FR 43352) 
(NPP). That document contained background information and the 
Department's reasons for proposing the particular priorities, 
requirements, and definitions. There is one substantive difference 
between the proposed priorities, requirements, and definitions and 
these final priorities, requirements, and definitions.
    We have added Priority 5, as described below.
    Public Comment: In response to our invitation in the NPP, six 
parties submitted comments on the proposed priorities, requirements, 
and definitions. Generally, we do not address technical and other minor 
changes, or suggested changes that the law does not authorize us to 
make under applicable statutory authority. In addition, we do not 
address general comments that raised concerns not directly related to 
the proposed priorities, requirements, or definitions.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priorities, requirements, and definitions since 
publication of the NPP follows.

Priorities

    Comments: One commenter suggested that we modify Proposed Priority 
1 to support schools that demonstrate intention and realistic capacity 
to move from any research status under the American Council on 
Education's Carnegie Classification System to classification as a 
Research College and University (RCU) or a Doctoral University with 
High Research Activity (R2), rather than limiting support to RCU and R2 
institutions seeking to move up to classification as R2 or Doctoral 
University with Very High Research Activity (R1), respectively. The 
commenter suggested that, if an applicant can demonstrate a realistic 
prospect of movement into R1, it already has a substantial level of 
research and development infrastructure and financial capacity.
    Discussion: The purpose of the RDI grant program is to support 
institutions that have limited resources and diverse student 
enrollments--as the eligible entities, HBCUs, TCCUs, and MSIs, do--with 
funds to implement transformational investments in research 
infrastructure to move into R2 or R1 status. Attaining R2 or R1 status 
assists institutions with recruiting top students and faculty, funding 
top-of-the-line facilities to conduct research, and producing and 
disseminating cutting-edge knowledge. While we recognize that a wide 
range of institutions, regardless of Carnegie classification, could 
benefit from additional investments in research and development (R&D) 
infrastructure, the Department believes that these limited funds have 
the greatest potential to transform R&D infrastructure at institutions 
if they are targeted to support institutions in making steps towards R2 
and R1 status under the Carnegie Classification System. The funding is 
designed to help institutions move towards R2 or R1 status, regardless 
of how close they are to achieving it.
    Changes: None.
    Comments: One commenter proposed amending Proposed Priority 4 to 
align the Pell Grant recipient threshold from the proposed 50 percent 
of undergraduate students to the current Department of Education Office 
of Postsecondary Education standards for Title III and Title V grant 
programs. The commenter stated that this change would, by aligning 
requirements across Department programs, ease administrative burden on 
institutions.
    Discussion: The 50 percent Pell recipient threshold in Priority 4 
is a higher bar than either of the metrics used for eligibility for 
titles III and V programs. To be designated as eligible to apply under 
the titles III and V programs, institutions must demonstrate high 
enrollment of needy students by meeting either of the following two 
criteria: (1) at least 50 percent of its degree-seeking students 
received financial assistance under the Federal Pell Grant, Federal 
Supplemental

[[Page 58288]]

Educational Opportunity Grant (FSEOG), or Federal Work Study (FWS) 
programs; or (2) the percentage of its undergraduate degree-seeking 
students who were enrolled on at least a half-time basis and received 
Federal Pell Grants exceeded the median percentage of undergraduate 
degree students who were enrolled on at least a half-time basis and 
received Federal Pell Grants at comparable institutions that offer 
similar instruction. For purposes of this priority, we believe this 
higher standard is appropriate because the explanatory statement 
originally authorizing funding for this program, contained within 
Division H of the Consolidated Appropriations Act, 2023 (Pub. L. 117-
328), specified that these grants are intended to provide 
``transformational'' investments to improve institutions' R&D 
infrastructure. The Department believes these funds have the highest 
potential to transform an institution's R&D infrastructure if they are 
targeted to the institutions with the fewest resources that enroll the 
highest percentages of needy students. We do not believe that this 
metric imposes any burden upon applicants because the Department will 
use administrative data to calculate the Pell percentage for applicant 
institutions.
    Changes: None.
    Comments: None.
    Discussion: As we stated in the NPP, TCCUs currently have their own 
Carnegie classification and are not included in the R1, R2, or RCU 
classifications. Accordingly, we proposed Priority 2 for TCCUs, which 
uses an alternative measure of their R&D infrastructure. Since 
publication of the NPP, the American Council on Education announced 
that starting in 2025, TCCUs will be included in the same 
classification system as HBCUs, MSIs, and other institutions.\1\ 
Therefore, we are adding a priority for TCCUs that mirrors the 
priorities for HBCUs and MSIs for use following the change to the 
Carnegie classifications, while maintaining Priority 2 so that the 
grant program can support TCCUs until such change occurs.
---------------------------------------------------------------------------

    \1\ 2025 Research Designations FAQs--CARNEGIE CLASSIFICATION OF 
INSTITUTIONS OF HIGHER EDUCATION (acenet.edu).
---------------------------------------------------------------------------

    Changes: We have added Priority 5 to support projects proposed by 
TCCUs to implement high-quality transformative research capacity 
initiatives designed to move the institution from R2 to R1, or from RCU 
to R2, research activity status.

Requirements

    Comments: Three commenters suggested changes to the match and 
waiver requirements. Two commenters proposed eliminating the match and 
waiver requirements, and another commenter suggested that schools 
applying under Priorities 2 or 4 should be exempt automatically from 
the match requirement.
    Discussion: We believe that a match requirement will help ensure 
that there is sufficient institutional investment in the work supported 
by the grant to achieve and sustain a transformational impact. We 
recognize that some applicants will have fewer resources, which is the 
reason we include the exceptions. Rather than creating exceptions for 
some types of institutions, we think it is simpler to have a general 
matching requirement and allow low-resourced schools to qualify for a 
waiver.
    Changes: None.
    Comments: One commenter suggested that we revise Proposed 
Requirement 1, Use of Funds, to include ``humanities'' under allowable 
activity 1 and that we further specify that faculty development under 
activity 14 must improve or enhance faculty capacity to manage R&D 
projects in fields of research for which funds have been awarded under 
this program.
    Discussion: Under activity 1, grantees may use funds to improve 
infrastructure relating to the enumerated fields, as well as ``other 
disciplines.'' The humanities would constitute another discipline under 
this allowable use of funds, and, accordingly, no change is required. 
We designed activity 14 relating to faculty professional development to 
allow for broad support, based on the specific needs of the faculty in 
the context of the particular project. We do not think that being more 
prescriptive would benefit grantees.
    Changes: None.
    Comments: One commenter recommended not restricting the indirect 
cost rate.
    Discussion: The indirect cost reimbursement is limited to 8 percent 
of a modified total direct cost base. The Department proposed this 
limitation in order to maximize the Federal resources that support 
direct costs associated with the project.
    Changes: None.

Definitions

    Comments: One commenter suggested that the definition for Research 
Colleges and Universities (RCUs) should include an option to use data 
from an institution's annual financial statements instead of data from 
the National Science Foundation (NSF) Higher Education Research and 
Development (HERD) survey.
    Discussion: To ensure that the program is supporting 
transformational investments in R&D infrastructure, consistent with the 
Explanatory Statement for this program, the Department is using the 
Carnegie Classifications for Institutional Research to determine an 
institution's current level of research activity. We believe this is 
the best measure because of the standardization for doctoral degree 
production and the measures of institutional dollars expended by the 
institution annually. Because Carnegie classifications are based on 
data from the NSF HERD survey, using this measure ensures consistency 
in how we assess institutional research activity.
    Changes: None.

Final Priorities

    The Secretary establishes the following priorities for use in the 
RDI grant program.
    Priority 1: Funding for Historically Black Colleges and 
Universities' Research and Development Infrastructure.
    Projects proposed by HBCUs to implement high-quality transformative 
research capacity initiatives and designed to move the institution from 
R2 to R1, or from RCU to R2, research activity status.
    Priority 2: Funding for Tribal Controlled Colleges and 
Universities' Research and Development Infrastructure.
    Projects proposed by TCCUs to improve their research and 
development activities, including infrastructure, faculty development, 
and academic programs.
    Priority 3: Funding for Minority-Serving Institutions' Research and 
Development Infrastructure.
    Projects proposed by MSIs to implement high-quality transformative 
research capacity initiatives and designed to move the institution from 
R2 to R1, or from RCU to R2, research activity status.
    Priority 4: MSI Pell Grant Percentage.
    Projects proposed by lead applicants with an enrollment of Pell 
Grant recipients that accounts for 50 percent or higher of their 
undergraduate student enrollment, as measured by the Department using 
the most recent data available in the Integrated Postsecondary 
Education Data System (IPEDS).
    Priority 5: Funding for Tribal Controlled Colleges and 
Universities' Research And Development Infrastructure.
    Projects proposed by TCCUs to implement high-quality transformative 
research capacity initiatives and

[[Page 58289]]

designed to move the institution from R2 to R1, or from RCU to R2, 
research activity status.

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)).

Final Requirements

    The Secretary establishes the following requirements for use in the 
RDI grant program.
    Requirement 1--Use of Funds. Grantees must conduct one or more of 
the following activities:
    (1) Providing for the improvement of infrastructure existing on the 
date of the grant award, including deferred maintenance, or the 
establishment of new physical infrastructure, including instructional 
program spaces, laboratories, and research facilities relating to the 
fields of science, technology, engineering, the arts, mathematics, 
health, agriculture, education, medicine, law, and other disciplines.
    (2) Hiring and retaining faculty, students, research-related staff, 
or other personnel, including research personnel skilled in operating, 
using, or applying technology, equipment, or devices to conduct or 
support research.
    (3) Supporting research internships and fellowships for students, 
including undergraduate, graduate, and post-doctoral positions, which 
may include providing direct student financial assistance and other 
supports to such students.
    (4) Creating new, or expanding existing, academic positions, 
including internships, fellowships, and post-doctoral positions, in 
fields of research for which research and development infrastructure 
funds have been awarded to the grantee under this program.
    (5) Creating and supporting inter- and intra-institutional research 
centers (including formal and informal communities of practice) in 
fields of research for which research and development infrastructure 
funds have been awarded to the grantee under this program, including 
hiring staff, purchasing supplies and equipment, and funding travel to 
relevant conferences and seminars to support the work of such centers.
    (6) Building new institutional support structures and departments 
that help faculty learn about, and increase faculty and student access 
to, Federal research and development grant funds and non-Federal 
academic research grants.
    (7) Building data and collaboration infrastructure so that early 
findings and research can be securely shared to facilitate peer review 
and other appropriate collaboration.
    (8) Providing programs of study and courses in fields of research 
for which research and development infrastructure funds have been 
awarded to the grantee under this program.
    (9) Paying operating and administrative expenses for, and 
coordinating project partnerships with members of, the consortium on 
behalf of which the eligible institution has received a grant under 
this program, provided that grantees may not pay for the expenses of 
any R1 institutions that are members of the consortia.
    (10) Installing or extending the life and usability of basic 
systems and components of campus facilities related to research, 
including high-speed broadband internet infrastructure sufficient to 
support digital and technology-based learning.
    (11) Expanding, remodeling, renovating, or altering biomedical and 
behavioral research facilities existing on the date of the grant award 
that received support under section 404I of the Public Health Service 
Act (42 U.S.C. 283k).
    (12) Acquiring and installing furniture, fixtures, and 
instructional research-related equipment and technology for academic 
instruction in campus facilities in fields of research for which 
research and development infrastructure funds have been awarded to the 
grantee under this program.
    (13) Providing increased funding to programs that support research 
and development at the eligible institution that are funded by the 
National Institutes of Health, including through their Path to 
Excellence and Innovation program.
    (14) Faculty professional development.
    (15) Planning purposes.
    Requirement 2--Indirect Cost Rate Information. A grantee's indirect 
cost reimbursement is limited to 8 percent of a modified total direct 
cost base. For more information regarding indirect costs, or to obtain 
a negotiated indirect cost rate, please see www.ed.gov/about/offices/list/ocfo/intro.html.
    Requirement 3--Matching Requirements and Exceptions. Grantees must 
provide a 1:1 match, which can include in-kind donations. The Secretary 
may waive the matching requirement on a case-by-case basis upon a 
showing of any of the following exceptional circumstances:
    (i) The difficulty of raising matching funds for a program to serve 
an area with high rates of poverty in the lead applicant's geographic 
location, defined as a Census tract, a set of contiguous Census tracts, 
an American Indian Reservation, Oklahoma Tribal Statistical Area (as 
defined by the U.S. Census Bureau), Alaska Native Village Statistical 
Area or Alaska Native Regional Corporation Area, Native Hawaiian 
Homeland Area, or other Tribal land or county that has a poverty rate 
of at least 25 percent as determined every 5 years using American 
Community Survey 5-Year data;
    (ii) Serving a significant population of students from low-income 
backgrounds at the lead applicant location, defined as at least 50 
percent (or the eligibility threshold for the appropriate institutional 
sector available at https://www2.ed.gov/about/offices/list/ope/idues/eligibility.html#app) of degree-seeking enrolled students receiving 
need-based grant aid under Title IV of the HEA;
    (iii) Significant economic hardship as demonstrated by low average 
educational and general expenditures per full-time equivalent 
undergraduate student at the lead applicant institution, in comparison 
with the average educational and general expenditures per full-time 
equivalent undergraduate student of institutions that offer similar 
instruction without need of a waiver, as determined by the Secretary in 
accordance with the annual process for designation of eligible Titles 
III and V institutions; or
    (iv) Information that otherwise demonstrates a commitment to the 
long-term sustainability of the applicant's projects, such as evidence 
of a consortium relationship with an R1 institution, a State bond, 
State matching, planning documents such as

[[Page 58290]]

a campus plan, multi-year faculty hiring plan, support of industry, 
Federal grants received, or a demonstration of institutional commitment 
that may include commitment from the institution's board.
    Requirement 4: Limitation on Grant Awards. The Department will only 
make awards to applicants that are not the individual or lead applicant 
in a current active grant from the RDI grant program.

Final Definitions

    The Secretary establishes the following definitions for use in the 
RDI grant program.
    Research 1: Very High Research Spending and Doctorate Production 
(R1) means that an institution has spent at least $50 million in total 
research and development (R&D) in a year, as reported to the National 
Science Foundation (NSF) Higher Education Research and Development 
(HERD) Survey, and awarded at least 70 research/scholarship doctorates 
in a year, as reported to IPEDS.
    Research 2: High Research Spending and Doctorate Production (R2) 
means that an institution has spent at least $5 million in total R&D in 
a year, as reported to the NSF HERD Survey, and awarded at least 20 
research/scholarship doctorates in a year, as reported to IPEDS. It 
does not include institutions designated R1.
    Research Colleges and Universities (RCU) means that an institution 
has spent at least $2.5 million in total R&D in a year, as reported to 
the NSF HERD Survey. It does not include institutions designated R1 or 
R2.
    Historically Black College or University means an institution that 
meets the eligibility requirements under section 322(2) of the Higher 
Education Act of 1965, as amended (HEA).
    Minority-Serving Institution means an institution that is eligible 
to receive assistance under sections 317 through 320 of part A of title 
III, or under title V of the HEA.
    Tribal Controlled Colleges or Universities has the meaning ascribed 
it in section 316(b)(3) of the HEA.
    Underrepresented students means students enrolled in postsecondary, 
career, or technical education who are in one or more of the following 
subgroups: (i) A student from a low-income background. (ii) A student 
who is American Indian, Alaska Native, Asian American, Black, Hispanic 
or Latino, Native Hawaiian, and/or Pacific Islander.
    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 any of these priorities, requirements, or 
definitions, 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 final 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 final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions 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 (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 final priorities, 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.
    The potential costs associated with these priorities, requirements, 
and definitions are minimal, while the potential benefits are 
significant. The Department believes that this final regulatory action 
will not impose significant costs on eligible entities. Participation 
in this program is voluntary, and the costs imposed on applicants by 
this regulatory action will be limited to paperwork burden related to 
preparing an application. The potential benefits of implementing the 
program will outweigh the costs incurred by applicants, and the costs 
of carrying out activities associated with the application will be paid 
for with program funds. For these reasons, we have determined that the 
costs of implementation will not be burdensome

[[Page 58291]]

for eligible applicants, including small entities.
    We also have determined that this regulatory action does 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.
    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 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 these final priorities, requirements, 
and definitions will not have a significant economic impact on a 
substantial number of small entities.
    The small entities that this final regulatory action will affect 
are IHEs that meet the eligibility requirements described in section 
241(1) of the HEA. The Secretary believes that the costs imposed on 
applicants by the final priorities, requirements, and definitions will 
be limited to paperwork burden related to preparing an application and 
that the benefits will outweigh any costs incurred by applicants.
    Participation in this program is voluntary. For this reason, the 
final priorities, requirements, and definitions will impose no burden 
on small entities unless they applied for funding under the program. We 
expect that in determining whether to apply for RDI grant program 
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 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 address the institution's R&D infrastructure 
needs.
    This final regulatory action will not have a significant economic 
impact on a small entity once it receives a grant because it will be 
able to meet the costs of compliance using the funds provided under 
this program.

Paperwork Reduction Act of 1995

    These final priorities, requirements, and definitions 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, 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 Department documents 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 Department documents 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. 2024-15537 Filed 7-17-24; 8:45 am]
BILLING CODE 4000-01-P


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