[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]
BILLING CODE 4000-01-P