[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9218-9219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3674]
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DEPARTMENT OF EDUCATION
Tribally Controlled Postsecondary Career and Technical
Institutions Program; Proposed Waivers and Extension of the Project
Period; CFDA Number 84.245A
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice.
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SUMMARY: For 60-month projects funded in fiscal year (FY) 2007 under
the Tribally Controlled Postsecondary Career and Technical Institutions
Program (TCPCTIP), the Secretary proposes to waive the regulations that
generally limit project periods to 60 months and that restrict project
period extensions involving the obligation of additional Federal funds.
The Secretary also proposes to extend the project period for current
TCPCTIP grantees through FY 2013, or longer, if Congress continues to
appropriate funds under the existing program authority. The proposed
waivers and extension would enable the two current TCPCTIP grantees to
request and continue to receive Federal funding beyond the 60-month
limitation contained in the Department's regulations, so long as the
grantees are meeting the TCPCTIP requirements. Further, the waivers and
extension, as proposed, would mean that we would not announce a new
competition in FY 2012 or make new awards in that year, or in future
years, if Congress continues to appropriate funds under the existing
program authority.
DATES: We must receive your comments on or before March 19, 2012.
ADDRESSES: Submit all comments on this notice to Gwen Washington, U.S.
Department of Education, 400 Maryland Avenue SW., room 11076, Potomac
Center Plaza, Washington, DC 20202-7241.
If you prefer to send your comments by email, use the following
address: [email protected]. You must include the term ``Proposed
Waivers and Extension for TCPCTIP'' in the subject line of your
message.
FOR FURTHER INFORMATION CONTACT: Gwen Washington. Telephone: (202) 245-
7792, or by email: [email protected].
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this notice. We are particularly interested in receiving comments on
the potential impact that these proposed waivers and extension may have
on TCPCTIP and on potential applicants that may be eligible to apply
for grant awards under any new TCPCTIP notice inviting applications,
should there be one.
Eligible applicants for TCPCTIP are tribally controlled
postsecondary career and technical institutions that do not receive
Federal support under the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community
College Act (25 U.S.C. 640a et seq.).
During and after the comment period, you may inspect all public
comments about these proposed waivers and extension for TCPCTIP in room
11076, Potomac Center Plaza, 550 12th Street, SW., Washington, DC,
between the hours of 8:30 a.m. and 4 p.m., Washington, DC time, Monday
through Friday of each week, except Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice of proposed waivers and
extension. If you want to schedule an appointment for this type of aid,
please contact the person listed under FOR FURTHER INFORMATION CONTACT.
Background
Current TCPCTIP grantees, selected based on the May 15, 2007,
TCPCTIP notice inviting applications published in the Federal Register
(72 FR 27297) (May 15, 2007, notice), operate career and technical
education programs as authorized by section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006 (Perkins Act or Act) (20
U.S.C. 2327).
The project period for the two TCPCTIP grantees is scheduled to end
in FY 2012. For these projects, the Secretary proposes to waive the
requirements of 34 CFR 75.250 and 34 CFR 75.261(c)(2), which limit
project periods to 60 months and restrict project period extensions
that involve the obligation of additional Federal funds. The Secretary
also proposes to extend the project period for the two current TCPCTIP
grantees through FY 2013, or longer, if Congress continues to
appropriate funds under the existing program authority. The proposed
waivers and extension would enable the two current TCPCTIP grantees to
request and continue to receive Federal funds beyond the 60-month
limitation set by 34 CFR 75.250.
The Secretary makes these proposals because section 117(i) of the
Perkins Act authorizes appropriations for activities under section 117
of the Act, through FY 2012 (20 U.S.C. 2327(i)). With the potential for
changes in the authorizing legislation for the TCPCTIP beyond 2012, we
do not believe it would be advisable to hold a new TCPCTIP competition
in FY 2012 for projects that may then operate for just one year. We are
generally reluctant to announce a competition under which eligible
entities would be expected to proceed through the application process
while lacking critical information about the future of the program, and
we do not think that it would be in the public interest to do so in
this case.
Rather than holding a new competition in FY 2012, we believe that
it is in the public interest and preferable for TCPCTIP for us to
review requests for continuation awards from the two grantees based on
the May 15, 2007, notice and extend the currently funded projects
through FY 2013, or longer, if Congress continues to appropriate funds
for TCPCTIP under the existing program authority. In lieu of announcing
new competitions for TCPCTIP in FY 2012, the Secretary proposes to
waive the requirement in 34 CFR 75.250, which limits project periods to
60 months, and in 34 CFR 75.261(c)(2), which restricts project period
extensions involving the obligation of additional Federal funds.
With these proposed waivers and extension, current TCPCTIP grantees
selected based on the May 15, 2007, notice inviting applications could
be continued at least through the FY 2013 budget and project periods,
or longer, if Congress continues to appropriate funds for TCPCTIP under
the existing program authority.
If these proposed waivers and extension are announced by us in a
final notice, the requirements applicable to continuation awards for
current TCPCTIP grantees selected based on the May 15, 2007, notice
inviting applications and the requirements in 34 CFR 75.253 would apply
to any continuation awards sought by current TCPCTIP grantees. If we
announce these proposed waivers and extension as final, we will base
our decisions regarding annual continuation awards on the program
narratives, budgets, budget narratives, and program performance
reports, submitted by current grantees, and the requirements in 34 CFR
75.253. Any activities to be carried out during the year or years of
continuation awards would have to be
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consistent with, or be a logical extension of, the scope, goals, and
objectives of each grantee's application, as approved following the
2007 TCPCTIP competition. If we publish the proposed waivers and
extension as final, we would award continuation grants based on
information provided to us by each grantee, indicating that it is
making substantial progress performing its TCPCTIP grant activities.
The proposed extension of the project period and waivers of 34 CFR
75.250 and 75.261(c)(2) would not exempt the current TCPCTIP grantees
from the appropriation account-closing provisions of 31 U.S.C. 1552(a),
nor would they extend the availability of funds previously awarded to
current TCPCTIP 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 U.S.
Treasury Department and is unavailable for restoration for any purpose
(31 U.S.C. 1552(b)).
Regulatory Flexibility Act Certification
The Secretary certifies that the proposed waivers and extension
would not have a significant economic impact on a substantial number of
small entities.
The small entities that would be affected by these proposed waivers
and extension are the two grantees selected based on the May 15, 2007,
notice currently receiving Federal funds.
The Secretary certifies that the proposed waivers and extension
would not have a significant economic impact on these entities because
the proposed waivers and extension impose minimal compliance costs to
extend projects already in existence, and the activities required to
support the additional year or years of funding would not impose
additional regulatory burdens or require unnecessary Federal
supervision.
Paperwork Reduction Act of 1995
This notice of proposed waivers and extension does not contain any
information collection requirements.
Intergovernmental Review
The TCPCTIP is not subject to Executive Order 12372 and the
regulations in 34 CFR part 79.
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 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 this
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: 20 U.S.C. 2327.
Dated: February 13, 2012.
Brenda Dann-Messier,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-3674 Filed 2-15-12; 8:45 am]
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