[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Rules and Regulations]
[Pages 4674-4676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2123]
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DEPARTMENT OF EDUCATION
34 CFR Subtitle B, Chapter II
[Docket ID ED-2011-OS-0010]
RIN 1894-AA03
State Fiscal Stabilization Fund Program
AGENCY: Department of Education.
ACTION: Notice of final requirement.
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SUMMARY: The Secretary of Education (Secretary) is adopting as a final
requirement, without change, the interim final requirement for the
State Fiscal Stabilization Fund (SFSF) program that extended to January
31, 2012, the deadline by which States must collect and publicly report
data and other information on various SFSF indicators and descriptors.
DATES: This final requirement is effective January 31, 2012.
FOR FURTHER INFORMATION CONTACT: James Butler, State Fiscal
Stabilization Fund Program, U.S. Department of Education, 400 Maryland
Ave. SW., room 7E214, Washington, DC 20202-0008. Telephone: (202) 260-
9737 or by email: State.Fiscal.Fund@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2011, the Secretary published in the Federal
Register (76 FR 59036) an interim final requirement extending, to
January 31, 2012, the deadline for collecting and publicly reporting
data and other information on various SFSF indicators and descriptors.
The interim final requirement became effective on the date of its
publication in the Federal Register. At the time the interim final
requirement was published, the Secretary requested public comment on
whether an extension of the SFSF deadline to January 31, 2012, was
warranted.
As explained in the Summary section of the interim final
requirement, the Secretary extended the deadline in response to the
many challenges and competing priorities that States were facing in
meeting the SFSF data collection and reporting requirements by the
original September 30, 2011, deadline.
There are no differences between the interim final requirement and
this final requirement.
[[Page 4675]]
Public Comment
In response to our request for public comments on the interim final
requirement, two parties submitted comments. Specifically, two States
commented on the efficacy of collecting student enrollment data to meet
the requirements of SFSF Indicator (c)(11) and the Department's
failure, in those States' view, to indicate that a specific third-party
postsecondary data-matching company could be used to meet those
requirements. These comments do not relate to the deadline extension
established in the interim final requirement nor do they address the
further extensions proposed in a separate SFSF notice that was
published in the Federal Register on the same day as the interim final
requirement (i.e., the notice of proposed revisions to certain data
collection and reporting requirements, and proposed priority (76 FR
59074) (notice of proposed revisions)). Because these comments are
outside the scope of the interim final requirement and notice of
proposed revisions, we do not discuss them further in this preamble.
Final Requirement
Each State must collect and publicly report data and other
information on the SFSF indicators and descriptors by January 31, 2012.
Waiver of Delayed Effective Date
The Administrative Procedure Act (5 U.S.C. 553) requires that a
substantive rule be published at least 30 days before its effective
date, unless the rule grants or recognizes an exemption or relieves a
restriction. (5 U.S.C. 553(d)(1)). Because we are granting States an
extension of the September 30, 2011, deadline, the 30-day delayed
effective date is not required. Accordingly, this final requirement is
effective on the day it is published.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is significant and, therefore, subject to the
requirements of the Executive order and review by the Office of
Management and Budget (OMB). Section 3(f) of Executive Order 12866
defines ``significant regulatory action'' as an action likely to result
in a rule that may (1) Have an annual effect on the economy of $100
million or more, or adversely affect a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities in a
material way (also referred to as an economically significant rule);
(2) create serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) materially alter the budgetary
impacts of entitlement grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles stated in the Executive order.
It has been determined that this regulatory action is significant
under section 3(f)(4) of the Executive order.
We have also reviewed these regulations under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these regulations 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 these regulations are consistent with the principles in Executive
Order 13563.
Summary of Costs and Benefits
In accordance with both Executive orders, we have assessed the
potential costs and benefits of the regulatory action to extend the
current deadline by which a State must meet the requirements of the
SFSF indicators and descriptors and have determined that the final
requirement will not impose additional costs to grantees or the Federal
government. Additionally, the Department has determined that this
requirement does not unduly interfere with State, local, and tribal
governments in the exercise of their governmental functions.
Benefits
The extension of the deadline by which States have to collect and
publicly report data and other information on various SFSF indicators
and descriptors helps States to balance competing priorities without
any additional cost to the grantees or Federal government.
Paperwork Reduction Act of 1995
As part of its continuing effort to reduce paperwork and respondent
burden, the Department conducts a preclearance consultation program to
provide the general public and Federal agencies with an opportunity to
comment on proposed and continuing collections of information in
accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)). This helps ensure that: The public understands the
Department's collection instructions; respondents can provide the
requested data in the desired format; reporting burden (time and
financial resources) is minimized; collection instruments are clearly
understood; and the Department can properly assess the impact of
collection requirements on respondents.
A Federal agency cannot conduct or sponsor a collection of
information unless OMB approves the collection under the PRA and the
corresponding information collection instrument displays a currently
valid OMB control number. Notwithstanding any other provision of law,
no person is required to comply with, or is subject to penalty for
failure to comply with, a collection of information if the collection
instrument does not display a currently valid OMB control number.
[[Page 4676]]
In the SFSF Phase 2 application, the Department established
indicators and descriptors that required States to collect and publicly
report data and other information. The Office of Management and Budget
approved that information collection under an emergency review (OMB
Control Number 1810-0695). The Department's authority under that
information collection expired and the Department attained approval
from OMB to reinstate the collection under the same control number, OMB
Control Number 1810-0695. As stated in this preamble, we are extending
the deadline from September 30, 2011, to January 31, 2012, for
collecting and publicly reporting data and other information on various
SFSF indicators and descriptors. Please note that the paperwork burden
under OMB Control Number 1810-0695 is not due to, or changed by, the
extension of the deadline date. For a full discussion of the paperwork
burden under this control number, please see the Paperwork Reduction
Act of 1995 section in the interim final requirement published in the
Federal Register on September 23, 2011 (76 FR 59036, 59038).
Regulatory Flexibility Act Certification
The Secretary certifies that this regulatory action will not have a
significant economic impact on a substantial number of small entities.
Small entities will not incur any additional costs due to the extension
of the deadline by which States have to collect and publicly report
data and other information on various SFSF indicators and descriptors.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program contact person
listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. 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 Adobe 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.
Program Authority: American Recovery and Reinvestment Act of
2009, Division A, Title XIV--State Fiscal Stabilization Fund, Public
Law 111-5; 20 U.S.C. 1221e-3 and 3474.
Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.394
(Education Stabilization Fund) and 84.397 (Government Services
Fund).
Dated: January 26, 2012.
Arne Duncan,
Secretary of Education.
[FR Doc. 2012-2123 Filed 1-30-12; 8:45 am]
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