[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30514-30516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12537]


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DEPARTMENT OF EDUCATION


Native Hawaiian Career and Technical Education Program; Final 
Waiver and Extension of Project Period

AGENCY: Office of Vocational and Adult Education, Department of 
Education.

ACTION: Notice.

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Overview Information

Final Waiver and Extension of Project Period for the Native Hawaiian 
Career and Technical Education Program

Catalog of Federal Domestic Assistance (CFDA) Number: 84.259A.
SUMMARY: For 36-month projects funded in fiscal year (FY) 2009 under 
the Native Hawaiian Career and Technical Education Program (NHCTEP), 
the Secretary hereby waives 34 CFR 75.261(c)(2) in order to extend the 
project period of these current NHCTEP grants for an additional 12 
months. This will enable the eight current NHCTEP grantees to seek FY 
2012 continuation awards for their current projects through FY 2013, 
and we will not announce a new NHCTEP competition in FY 2012.

DATES: This notice of final waiver and extension of project period is 
effective May 23, 2012.

FOR FURTHER INFORMATION CONTACT: Linda Mayo. Telephone: (202) 245-7792, 
or by email: linda.mayo@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: On February 16, 2012, we published a notice 
in the Federal Register (77 FR 9214) (February 2012 notice) proposing 
to waive 34 CFR 75.261(c)(2) as it applies to NHCTEP. This regulation 
restricts project period extensions involving the obligation of 
additional Federal funds. In that notice, the Secretary also proposed 
to extend the project period of NHCTEP grants for an additional 12 
months to enable the eight current NHCTEP grantees to seek FY 2012 
continuation awards for their projects through FY 2013.
    Public Comment: In the February 2012 notice, the Secretary invited 
comments about the potential effect that this proposed project period 
waiver and extension would have on NHCTEP and on applicants that may be 
eligible to apply for grant awards under any new NHCTEP notice inviting 
applications, should there be one. We received three comments in 
response. Generally, we do not address comments that raise concerns not 
related to the proposed waiver and extension.

[[Page 30515]]

Analysis of Comments and Changes

    Comment: Two commenters wrote in support of the proposed waiver and 
extension, discussed the benefits and accomplishments of current NHCTEP 
projects, and suggested that an extension of the current project period 
would allow grantees to continue their work and expand on their 
accomplishments.
    Response: We agree with the commenters that extending the current 
NHCTEP grant period will allow current NHCTEP grantees to request 
continuation awards with which they could continue to work toward 
accomplishing the goals and objectives stated in their 2009 NHCTEP 
grant applications.
    Change: None.
    Comment: One commenter, while not addressing the Department's 
proposed waiver and extension, expressed a concern about the 
Department's use of the term ``Native Hawaiian'' in NHCTEP, asserting 
that the term ``Native Hawaiian'' is a racial or ethnic classification 
that the Department should not be using, in light of applicable U.S. 
Supreme Court rulings the commenter cited. The commenter requested 
that, unless the Department was following statutory terms explicitly 
requiring the use of what the commenter referred to as the ``Native 
Hawaiian classification,'' it should not apply that classification in 
NHCTEP. The commenter requested that the Department instead make NHCTEP 
grants available to all Hawaiians who meet certain socioeconomic or 
other criteria.
    Response: Although this comment is not germane to the Department's 
proposed waiver and extension, we choose to address it in order to 
provide further clarification on the NHCTEP grant award authority. As 
stated in our February 2012 notice, the Department awards NHCTEP grants 
under authority of section 116(h) of the Carl D. Perkins Career and 
Technical Education Act of 2006 (Perkins Act or Act) (20 U.S.C. 
2326(h)). Section 116(h) of the Act states that: ``the Secretary shall 
award grants or enter into contracts with community-based organizations 
primarily serving and representing Native Hawaiians to plan, conduct 
and administer programs, or portions thereof, which are authorized by 
and consistent with the provisions of [section 116(h) of the Act,] for 
the benefit of Native Hawaiians'' (20 U.S.C. 2326(h)) (Emphasis added). 
In accordance with this statutory authority, in its March 24, 2009, 
notice inviting applications published in the Federal Register (74 FR 
12333) (March 2009 notice), the Department announced the availability 
of grants for community-based organizations primarily serving and 
representing Native Hawaiians for the benefit of Native Hawaiians. 
Subject to the availability of funds for this program, the Department 
will continue to make NHCTEP awards to community-based organizations 
primarily serving and representing Native Hawaiians for the benefit of 
Native Hawaiians, as specifically mandated by statute.
    Change: None.

Background

    NHCTEP funds support grants to community-based organizations 
primarily serving and representing Native Hawaiians to plan, conduct, 
and administer career and technical education programs, or portions 
thereof, as authorized by section 116(h) of the Perkins Act. The eight 
current NHCTEP grantees were selected based on the March 2009 notice. 
The project period for the eight NHCTEP grantees is scheduled to end in 
FY 2012. For these NHCTEP projects, the Secretary waives the 
requirement of 34 CFR 75.261(c)(2), the regulation that generally 
prohibits project period extensions involving the obligation of 
additional Federal funds, in order to extend the current NHCTEP project 
period for an additional 12 months. This waiver and extension will 
allow the eight current NHCTEP grantees to seek continuation awards in 
FY 2012 for project periods through FY 2013.
    The Secretary's waiver of 34 CFR 75.261(c)(2) and extension of the 
current NHCTEP project period means that: (1) Current NHCTEP grantees 
will be authorized to request and receive NHCTEP continuation awards in 
FY 2012 for project periods through FY 2013; (2) we will not announce a 
new NHCTEP competition to make new awards in FY 2012; (3) the March 
2009 notice will continue to govern current projects during the 
extension year; and (4) the eight currently-approved applications 
selected based on the March 2009 notice will govern NHCTEP continuation 
activities.
    The March 2009 notice: (1) Established a project period of up to 36 
months and reiterated that funding for multi-year awards would be 
dependent on a grantee meeting the requirements of 34 CFR 75.253 
(continuation of a multi-year project after the first budget period); 
(2) explained the requirements of the program; (3) described the 
evaluation and reporting requirements; and (4) established the 
Government Performance and Results Act (GPRA) performance indicators 
for NHCTEP.
    With this waiver and extension of the project period, the current 
eight NHCTEP grantees may request continuation awards for one 
additional project year, through FY 2013, with FY 2012 funds Congress 
has appropriated under the current statutory authority. We will 
consider these continuation award requests under the current statutory 
authority. Any requests for continuation awards will be subject to the 
requirements of 34 CFR 75.253, including the requirement that each 
grantee demonstrate that it is making substantial progress performing 
its NHCTEP grant activities based on the requirements in the March 2009 
notice.
    We will make decisions regarding continuation awards based on 
information provided in grantee requests for continuation awards, 
including information provided in program narratives, budgets and 
budget narratives, and performance reports. Any activities to be 
carried out during the continuation year must be consistent with, or be 
a logical extension of the scope, goals, and objectives of, each 
grantee's application as approved in the 2009 NHCTEP competition.

Waiver of Delayed Effective Date

    The Administrative Procedure Act requires that a substantive rule 
must be published at least 30 days before its effective date, except as 
otherwise provided for good cause (5 U.S.C. 553(d)(3)). During the 30-
day public comment period on the notice of proposed waivers and 
extension of project period, two of the three comments submitted 
supported the proposed waiver and extension of the project period, and 
one commenter did not address the issue. Except for minor editorial and 
technical revisions, there are no differences between the proposed and 
final notices of waiver and extension of the project period for NHCTEP. 
In addition, given the fact that the additional period of funding is 
only for a 12-month period, and to be able to make timely continuation 
grants to the eight entities affected, the Secretary has determined 
that a delayed effective date would be unnecessary and contrary to the 
public interest.

Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension and the 
activities required to support an additional year of funding will not 
have a significant economic impact on a substantial number of small 
entities.
    The small entities that will be affected by this waiver and 
extension are the eight currently-funded NHCTEP grantees.

[[Page 30516]]

    The Secretary further certifies that the waiver and extension will 
not have a significant economic impact on these NHCTEP entities because 
the waiver and extension impose minimal compliance costs to extend 
projects already in existence, and the activities required to support 
the additional year of funding will not impose additional regulatory 
burdens or require unnecessary Federal supervision. Furthermore, the 
costs of carrying out these activities could be paid for with program 
funds.

Paperwork Reduction Act of 1995

    This notice of waiver and extension does not contain any 
information collection requirements.

Intergovernmental Review

    The NHCTEP 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. 2326(h).

    Dated: May 18, 2012.
Johan Uvin,
Delegated Authority to Perform the Functions and Duties of the 
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-12537 Filed 5-22-12; 8:45 am]
BILLING CODE 4000-01-P