[Federal Register: July 27, 2005 (Volume 70, Number 143)]
[Notices]
[Page 43403-43404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy05-64]
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DEPARTMENT OF EDUCATION
Office of Vocational and Adult Education, Department of
Education; Notice of Funding of Continuation Grants and Waiver for the
Career Resources Network (CRN) Program
SUMMARY: The Secretary waives the requirements in Education Department
General Administrative Regulations, in 34 CFR 75.250, that generally
prohibit project periods exceeding five years and announces the funding
of continuation grants for the CRNs. This waiver enables the current,
eligible CRNs, which implement Statewide, systemic strategies for
providing career information resources, to continue to receive Federal
funding beyond the five-year limitation.
DATES: This notice is effective July 27, 2005.
FOR FURTHER INFORMATION CONTACT: Sharon A. Jones, U.S. Department of
Education, 400 Maryland Avenue, SW., room 11108, Potomac Center Plaza,
Washington, DC 20202-7120. Telephone (202) 245-7803.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: Under the Administrative Procedure Act (APA)
(5 U.S.C. 553), the Department generally offers interested parties the
opportunity to comment on proposed regulations. However, on July 14,
2005, in accordance with section 553(b) of the APA, the Department gave
actual notice to all current, eligible CRN grantees of our proposal to
waive 34 CFR 75.250 and to fund continuation grants instead of holding
a new grant competition, and invited comments on our proposal. This
waiver enables the Secretary to provide additional funds to all
current, eligible grantees for additional periods for as long as
Congress continues to appropriate funds for the existing statutory
program and during any transition to a new statutory authority. There
are no substantive differences between the actual notice of our
proposal and this notice of funding of continuation grants and waiver.
Therefore, all affected parties were provided actual notice of the
Department's proposal and an opportunity to comment in lieu of
publication of a notice of proposed rulemaking in the Federal Register.
Comment
In response to the actual notice of proposed funding of
continuation grants and waiver, and our invitation to comment, thirteen
parties submitted comments supporting the proposed waiver and the
proposal to fund continuation grants for all current, eligible
grantees. We did not receive any comments opposing the proposed waiver
and proposal to fund continuation grants, and, therefore, no
substantive changes have been made.
Waiver of Delayed Effective Date
The APA requires that a substantive rule shall be published at
least 30 days before its effective date, except as otherwise provided
for good cause (5 U.S.C. 553(d)(3)). We provided all 57 affected
entities an opportunity to submit comments on the Secretary's proposal
to waive 34 CFR 75.250 in order to continue eligible current grants.
All comments received supported our proposal. In addition, given the
fact that the extension of the project period is only for as long as
Congress continues to appropriate funds for the existing statutory
program or during a transition to any new statutory authority, and in
order to make timely continuation grants to the entities affected, the
Secretary has determined that a delayed effective date is unnecessary
and contrary to the public interest.
Background
The CRN program supports the implementation of Statewide, systemic
strategies for providing career information resources, as authorized by
section 118(a) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (Perkins Act) (20 U.S.C. 2328(a)). The Congress
is now in the process of reauthorizing the Perkins Act, and we do not
believe it would be in the public interest to hold a new competition
until Congress concludes that process.
[[Page 43404]]
Eligible applicants for fiscal year (FY) 2005 funds under the CRN
program are the entities designated by the Governor and the eligible
agency under Title I of the Perkins Act for each of the 50 States, the
Virgin Islands, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, the Commonwealth of the Northern
Marianna Islands, and the Republic of Palau. The designated entities in
the Republic of the Marshall Islands and the Federated States of
Micronesia are no longer eligible to receive funds under the CRN
program and therefore cannot receive continuation grants from funds
appropriated for FY 2005 or subsequent fiscal years, pursuant to 48
U.S.C. 1921d(f)(1)(B)(iii).
The nature of the CRN program, in which the universe of eligible
applicants is defined in the law and all eligible entities are funded,
allowed us to provide actual notice in lieu of publishing a notice of
proposed rulemaking, consistent with section 553(b) of the APA.
Pursuant to the requirements of section 553(b) of the APA, and in order
to make timely grant awards in FY 2005, on July 14, 2005, we contacted
CRN grantees directly and provided them actual notice of, and requested
their comments on, our proposal to waive 34 CFR 75.250 and fund
continuation grants.
To avoid a lapse in the availability of career resources and
related services and activities provided by the CRN grantees, the
Secretary waives the requirements in 34 CFR 75.250, which prohibit
project periods exceeding five years. With this waiver we can continue
the CRN grants of all current, eligible grantees for as long as
Congress continues to appropriate funds for the existing statutory
program authority and during a transition to any new statutory program
authority. It would be contrary to the public interest to have a lapse
in CRN projects, especially as they are preparing for a new school
year. This waiver of 34 CFR 75.250 means that: (1) current CRN grants
will be continued at least through FY 2005 and possibly beyond, if
Congress continues to appropriate funds for the CRN program under the
current statutory authority or provides for a transition to any new
statutory authority, and (2) we will not announce a new competition or
make new awards in FY 2005.
We waived the requirements of 34 CFR 75.261(c)(2), which prohibit
project period extensions involving the obligation of additional
Federal funds, in a notice published in the Federal Register on July
31, 2002 (67 FR 49852). The waiver of 34 CFR 75.261(c)(2) is still in
effect; therefore, we are not waiving this requirement in this notice.
The waivers of 34 CFR 75.250 and 75.261(c)(2) do not exempt current
CRN grantees from the account closing provisions of 31 U.S.C. 1552(a),
nor do they extend the availability of funds previously awarded to
current CRN grantees. As a result of 31 U.S.C. 1552(a), appropriations
available for a limited period may be used for payment of valid
obligations for only five years after the expiration of their period of
availability for Federal obligation. After that time, the unexpended
balance of those funds is canceled and returned to the Treasury
Department and is unavailable for restoration for any purpose.
Regulatory Flexibility Act Certification
The Secretary certifies that this notice of funding of continuation
grants and waiver will not have a significant economic impact on a
substantial number of small entities. The only entities that would be
affected are the 57 current, eligible CRN grantees.
Paperwork Reduction Act of 1995
This notice of funding of continuation grants and waiver does not
contain any information collection requirements.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR part 79. The objective of the
Executive Order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, we intend this document to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
Based on our own review, we have determined that this notice of
funding of continuation grants and waiver does not require transmission
of information that any other agency or authority of the United States
gathers or makes available.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number: 84.346 Career
Resource Network State Grants)
Program Authority: 20 U.S.C. 2328.
Dated: July 22, 2005.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 05-14948 Filed 7-25-05; 1:28 pm]
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