[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30516-30517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12542]
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DEPARTMENT OF EDUCATION
Tribally Controlled Postsecondary Career and Technical
Institutions Program; Final Waivers and Extension of Project Period
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice.
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Overview Information; Final Waivers and Extension of Project Period for
the Tribally Controlled Postsecondary Career and Technical Institutions
Program
Catalog of Federal Domestic Assistance (CFDA) Number: 84.245A.
SUMMARY: For 60-month projects funded in fiscal year (FY) 2007 under
the Tribally Controlled Postsecondary Career and Technical Institutions
Program (TCPCTIP), the Secretary waives 34 CFR 75.250 and 75.261(c)(2)
in order to extend the project period of these current TCPCTIP grantees
through FY 2013, or longer, if Congress continues to appropriate funds
under the existing TCPCTIP program authority. This action will enable
the two current TCPCTIP grantees to seek continuation awards in FY 2012
for their current projects, and we will not announce a new TCPCTIP
competition in FY 2012.
DATES: This notice of final waivers and extension of project period is
effective May 23, 2012.
FOR FURTHER INFORMATION CONTACT: Gwen Washington. Telephone: (202) 245-
7790 or by email: gwen.washington@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 9218) (February 2012 notice) proposing
to waive 34 CFR 75.250 and 75.261(c)(2) as they apply to TCPCTIP. These
regulations generally limit project periods to 60 months and restrict
project period extensions involving the obligation of additional
Federal funds. In that notice, the Secretary also proposed (1) 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; and (2) to not announce a new TCPCTIP competition in
FY 2012.
Public Comment
In the February 2012 notice for TCPCTIP, the Secretary invited
comments about the potential effect the proposed waivers and extension
would have on TCPCTIP and on applicants that may be eligible to apply
for grant awards under any new TCPCTIP notice inviting applications,
should there be one. We did not receive any comments.
Background
TCPCTIP funds are used by TCPCTIP grantees to provide career and
technical education programs as authorized by section 117 of the Carl
D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2327).
The two current TCPCTIP grantees were selected based on our May 15,
2007, TCPCTIP Federal Register notice inviting applications (72 FR
27297) (May 2007 notice). The project period for the two TCPCTIP
grantees is scheduled to end in FY 2012. For these TCPCTIP projects,
the Secretary waives the requirements of 34 CFR 75.250 and
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 extends the current project period
for the two current TCPCTIP grantees through FY 2013, or longer if
Congress continues to appropriate funds under the existing program
authority. This will allow the two current TCPCTIP grantees to request
continuation awards in FY 2012.
The Secretary's final waiver of 34 CFR 75.250 and 75.261(c)(2) and
project period extension means that: (1) Current TCPCTIP grantees may
request TCPCTIP continuation awards in FY 2012 for project periods
through FY 2013, and may be able do so in future years, if Congress
continues to appropriate funds under the existing program authority;
(2) we will not announce a new TCPCTIP competition or make new awards
in FY 2012, or subsequent years if the existing program authority
remains in effect; (3) the May 2007 notice will continue to govern
current projects during the extension year or years; and (4) the two
applications approved under the May 2007 notice will govern TCPCTIP
continuation activities.
The May 2007 notice (1) Established a project period of up to 60
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
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evaluation and reporting requirements; and (4) established the
Government Performance and Results Act (GPRA) indicators for TCPCTIP.
With these waivers and extension of the project period, the current
two TCPCTIP grantees may request continuation awards for FY 2013. We
will consider continuation award requests under the current TCPCTIP
statutory authority, subject to the requirements of 34 CFR 75.253,
including the requirement that each grantee demonstrate that it is
making substantial progress performing its TCPCTIP grant activities
based on the requirements in our May 2007 notice inviting applications.
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 2007 TCPCTIP 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, no comments were submitted. Therefore,
except for minor editorial and technical revisions, there are no
differences between the proposed and final notices of waivers and
extension of the project period for TCPCTIP. In addition, given the
fact that the additional period of funding is only for a 12-month
period, or longer if Congress continues to appropriate funds for
TCPCTIP under the existing program authority, and to be able to make
timely continuation grants to the two entities affected, the Secretary
has determined that a delayed effective date is unnecessary and
contrary to the public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that these waivers and extension will not
have a significant economic impact on a substantial number of small
entities.
The small entities that will be affected by these waivers and
extension are the two current TCPCTIP grantees.
The Secretary certifies that these waivers and extension will not
have a significant economic impact on these TCPCTIP entities because
these 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 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 final 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 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 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: May 18, 2012.
Johan Uvin,
Delegated Authority to Perform the Functions and Duties of the
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-12542 Filed 5-22-12; 8:45 am]
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