[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 30517]]

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]
BILLING CODE 4000-01-P