[Federal Register: August 12, 2008 (Volume 73, Number 156)]
[Notices]
[Page 46899-46901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au08-55]
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DEPARTMENT OF EDUCATION
Notice of Waiver for the Adult Education and Family Literacy Act
to Certain Outlying Areas
AGENCY: Office of Vocational and Adult Education, Department of
Education.
[[Page 46900]]
ACTION: Notice of Waiver for the Adult Education and Family Literacy
Act to Certain Outlying Areas.
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SUMMARY: The Secretary waives the requirements in 34 CFR 75.250 and 34
CFR 75.261(c)(2) of the Education Department General Administrative
Regulations (EDGAR) to enable the funding of continuation grants for
certain outlying areas under section 211(e) of the Adult Education and
Family Literacy Act (AEFLA). This waiver enables the current eligible
grantees to continue to receive Federal funding beyond the five-year
limitation contained in 34 CFR 75.250.
DATES: This notice is effective August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Sarah Newcomb, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 11007, Potomac Center Plaza,
Washington, DC 20202-7240. Telephone (202) 245-7754 or e-mail:
sarah.newcomb@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain a copy of this document in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) by contacting the program contact person listed in
this section.
SUPPLEMENTARY INFORMATION:
Background: The Office of Vocational and Adult Education awarded a
discretionary grant on September 1, 2003, under the provisions of
section 211(e) of the AEFLA to a group of applicants that included
American Samoa, Guam, Northern Marianas, and Palau. Each member of the
group could have applied for, and competed with, the other members of
the group for section 211(e) funds. However, the applicants decided to
file a joint application naming the Northern Marianas College (NMC) as
the designated grantee on behalf of the group so that all parties could
benefit under a common application. Joint applications of this type are
authorized in 34 CFR 75.127 through 129 of EDGAR. AEFLA funds under the
grant are targeted to the training of adult educators from all members
of the group. No entities other than those in the group are eligible to
receive funding under section 211(e).
The project period for the current award to the group ends on
August 31, 2008. Congress has appropriated funding for AEFLA, including
section 211(e), for both fiscal year 2007 and fiscal year 2008. The
Department normally would conduct a new competition because the funding
for the current grant, obtained from the fiscal year 2002 through 2006
appropriations, was available to the group beginning in 2003, and under
34 CFR 75.250 the project period generally lasts no longer than 60
months.
On July 7, 2008, in accordance with section 553(b) of the
Administrative Procedure Act (APA), the Department gave actual notice
to all current eligible grantees of our proposal to waive 34 CFR 75.250
and 34 CFR 75.261(c)(2) and to fund continuation grants instead of
holding a new grant competition, and invited their comments on our
proposal. The notice also provided the current designated grantee with
an opportunity to submit specific information regarding the grant and
any plans to improve its current implementation. This waiver will
enable the Secretary to provide additional funds to all current,
eligible grantees for additional periods for as long Congress continues
to appropriate funds under the current legal authority in section
211(e) of AEFLA and possibly during a transition to any new program
authorities Congress might create if and when it chooses to reauthorize
AEFLA. There is no substantive difference 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, five
parties submitted comments supporting the proposed waiver and the
proposal to continue funding for all current, eligible grantees. During
this period, the current designated grantee also submitted a written
agreement, including a program narrative, signed by all the outlying
areas eligible for funding, that describes the activities that NMC
intends to carry out with funds under a continuation grant. In light of
these positive comments and the additional information, we have not
made any substantive changes to our proposal.
Waiver of Delayed Effective Date
The APA requires that a substantive rule 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 affected entities an
opportunity to submit comments on the Secretary's proposal to waive 34
CFR 75.250 in order to continue the current grant. All of the comments
that we received support our proposal. In addition, given that the
current grant ends on August 31, 2008, and in order to avoid any lapse
in funding under this program, the Secretary has determined that a
delayed effective date is unnecessary and contrary to the public
interest.
Waiver of 34 CFR 75.250 and 75.261(c)(2)
In determining how to implement section 211(e) this year, the
Department considered the relatively small amount of funds appropriated
under section 211(e) for fiscal years (FYs) 2007 and 2008 ($61,257 and
$65,131, respectively), the burden on group members in having to file
either new competitive applications or a new group application, and the
commitment of time and resources a new competition would require of the
Department and Pacific Resources for Education and Learning (PREL) in
Honolulu, which would be required by section 211(e)(2) of AEFLA to make
recommendations in a new competition. The Department also has
considered the fact that all the entities eligible for funding under
section 211(e) are members of the group and receive services through
the current grant.
In light of these factors, the Department waives the 60-month limit
on the project period established by 34 CFR 75.250 for the existing
grant award. The Department plans to continue funding the current
grant, rather than conducting a new competition, if the designated
grantee submits further satisfactory information regarding its
performance under the current grant and its plans to improve
implementation of the grant. The Department also waives 34 CFR
75.261(c)(2), which limits the extension of a project period. The
Department is waiving this additional regulation in order to be able to
continue the current grant with FY 2007 and 2008 funds.
The Department's waiver of the regulations and continued funding of
the current grant would extend as long as Congress continues to
appropriate funds under the current legal authority in section 211(e),
and possibly during a transition to any new program authorities
Congress might create with respect to members of the group if and when
it reauthorizes AEFLA. However, the continuation would initially only
be from FY 2007 funds. The waiver would not affect any other legal
provisions governing the grant to group members, including the
requirement that
[[Page 46901]]
continuation of the grant would depend on the group's meeting the
requirements of 34 CFR 75.253. Among other things, Sec. 75.253
conditions continuation of a grant on the grantee's having made
substantial progress toward meeting the objectives in its approved
application. The grantee also would have to comply with any special
conditions of the grant established by the Department in order to
receive further continuation funding from the FY 2008 or any future
appropriation.
The waivers of 34 CFR 75.250 and 75.261(c)(2) do not exempt the
group from the account closing provisions of 31 U.S.C. 1552(a), nor
would they extend the availability of funds previously awarded the
group. Under 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 will
be canceled and returned to the U.S. Treasury Department and will be
unavailable for restoration for any purpose.
The Department believes that its waiver of regulations and
continued funding of the group application is in the best interests of
the members of the group application and the public interest.
Instructions for Requesting a Continuation Award Under EDGAR Part 75
Under applicable EDGAR provisions, a grantee wishing to receive an
annual continuation grant must submit a performance report providing
the most current performance and financial expenditure information on
its project. A grantee must also submit a budget and budget narrative
each year it requests a continuation award. (34 CFR 75.253(c)(2)). In
addition, a grantee must submit a program narrative that describes the
activities it intends to carry out with a continuation award. The
activities described must be consistent with, or be a logical extension
of, the scope, goals, and objectives of the grantee's approved
application. (34 CFR 75.261(c)(3)). The Department will award a
continuation grant each year only if the grantee submits a satisfactory
performance report, budget and budget narrative, and program narrative.
Regulatory Flexibility Act Certification
The Secretary certifies that this notice of waiver will not have a
significant economic impact on a substantial number of small entities.
The only entities that would be affected are American Samoa Community
College; Guam Community College; Northern Marianas College, the grantee
of the group; Ministry of Education Republic of Palau; and PREL.
Paperwork Reduction Act of 1995
This notice of waiver does not contain any information collection
requirements.
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.
Assessment of Educational Impact
Based on our own review, we have determined that this notice of
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 can view this document, as well as all other documents of this
Department published in the Federal Register, in text or Adobe Portable
Document Format (PDF) 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: 84.002A Outlying
Area portion of the State Grant Program)
Program Authority: 20 U.S.C. 9211(e).
Dated: August 7, 2008.
Troy R. Justesen,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. E8-18622 Filed 8-11-08; 8:45 am]
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