[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]
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