[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Rules and Regulations]
[Pages 17035-17037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06828]
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DEPARTMENT OF EDUCATION
34 CFR Chapters I-VI
[Docket ID ED-2013-OII-0110]
RIN 1894-AA05
Final Priority--Promise Zones
AGENCY: Department of Education.
ACTION: Final priority.
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SUMMARY: The Secretary of Education (Secretary) announces a priority
that the Department of Education (Department) may use for any
appropriate discretionary grant program in fiscal year (FY) 2014 and
future years. Through this action, we intend to focus Federal financial
assistance on expanding the number of Department programs and projects
that support activities in designated Promise Zones.
This action will permit all offices in the Department to use this
priority, as appropriate, in any discretionary grant competition.
DATES: This priority is effective April 28, 2014.
FOR FURTHER INFORMATION CONTACT: Jane Hodgdon. Telephone: 202-453-6620.
Or by email: [email protected].
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:
Program Authority: 20 U.S.C. 1221e-3, 3474.
We published a proposed priority (NPP) in the Federal Register on
October 25, 2013 (78 FR 63913). That notice contained background
information and our reasons for proposing the priority. There are no
differences between the NPP and this notice of final priority.
Public Comment: In response to our invitation in the NPP, 10
parties submitted comments on the proposed priority. Generally, we do
not address technical and other minor changes. In addition, we do not
address general comments that raised concerns not directly related to
the proposed priority.
Analysis of Comments and Changes: An analysis of the comments
follows.
Comment: Several commenters addressed the Promise Zones Initiative
as described in the Background Section of the NPP. Many expressed
support for the Promise Zones Initiative, its potential to impact
community residents, and the inclusion of a focus on education in the
designated Promise Zones. Other commenters expressed concerns about the
small number of Promise Zones designations to be made, about the
funding and resources that would be made available to Promise Zones
designees, about how the progress of the Promise Zones Initiative would
be evaluated, and whether the 10-year timeframe of the designation
would be sufficient to realize long-term impacts. Additionally, one
commenter requested clarification on the role that Federal staff would
play in working with Promise Zones designees, and two commenters
suggested that the Promise Zone Initiative should expand resident
access to housing opportunities in higher income communities.
Discussion: We appreciate the feedback and suggestions on the
Promise Zones Initiative. The Department coordinates with the U.S.
Departments of Housing and Urban Development, Agriculture, and Justice
to support the administration of the Promise Zones Initiative. As such,
we will share the comments regarding the broader initiative with our
Federal Promise Zones partners for consideration in the development and
implementation of any Promise Zones opportunity. However, because the
comments about the broader initiative do not provide specific
recommendations for the Department's proposed priority, we are not
providing a direct response to each topic raised in these comments.
Changes: None.
Comment: Two commenters stated their support for the Promise Zones
priority and the important role that education can play in revitalizing
a community. While supportive of the purpose of Promise Zones, one
commenter expressed concern about including a priority for a potential
pool of 20 Promise Zone designees. The commenter further stated that
because the scope of the Promise Zones Initiative is small, it does not
make sense to prioritize those few communities.
Discussion: We appreciate the commenters' support for the
President's efforts to combat poverty, and we agree that education is
critical to building ladders of opportunity to the middle class. While
the ultimate number of Promise Zones communities is relatively small,
the number of discretionary grants that might support Promise Zones is
not so limited. The priority can be used with any appropriate
discretionary grant competition, and all eligible entities that are
planning to serve and coordinate with a Promise Zone, such as local
educational agencies and non-profit organizations, may respond to this
priority. The purpose of the
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Department's Promise Zone priority is to focus the Department's grant
resources on communities of acute need, as indicated by their Promise
Zone designation.
Furthermore, the Promise Zones Initiative provides a unique
opportunity for cross-agency collaboration that will likely benefit
other communities as well. For example, the participating Federal
agencies will be working with the designated Promise Zones to improve
coordination among Federal resources to enhance place-based strategies
and increase the progress of community revitalization initiatives. As
outcomes are achieved and best practices are developed, Federal
agencies will apply relevant lessons learned regarding the delivery of
Federal funding and services to other communities working toward
similar goals. In addition, we expect that the joint investment in and
evaluation of Promise Zones will result in the creation of strong,
comprehensive models of community transformation that will inform the
work of other communities.
Changes: None.
Comment: Two commenters expressed concern that a Promise Zones
priority may result in the exclusion of other potential applicants from
receiving an award. Of those commenters, one commenter's concern was
specific to the TRIO Upward Bound program. Another commenter requested
that the Department work with the charter school community prior to the
use of the priority in the Charter Schools program, a discretionary
grant program. One commenter raised a concern that layering a Promise
Zone priority onto a program with a different focus might weaken the
existing program.
Discussion: We recognize that Federal discretionary grant funds are
highly competitive and provide critical support to communities that are
working to improve student academic achievement. However, the
Department's Promise Zones priority is intended to focus limited
Federal resources in designated Promise Zones in order to improve the
outcomes of the families, students, and children in those highly
distressed locations. As stated in the NPP, the Secretary recognizes
that this priority will not be appropriate for all discretionary grant
programs. Each discretionary grant program is in the best position to
work with its constituent communities and to determine the priorities
critical to achieving their program outcomes. Additionally, when
determining whether to use a priority in a given discretionary grant
competition, the Department considers the intended goals of the program
in order to ensure the use of any priority is appropriate to and
aligned with the purpose of the discretionary program. The Promise
Zones priority will not be used if it is not appropriate to the intent
or purpose of a program or would somehow diminish its effect.
Changes: None.
Final Priority
To ensure that the Department's discretionary grant programs can
provide, where appropriate, the increased access to additional
investments for Promise Zones, the Secretary establishes a priority for
projects that will serve and coordinate with a federally designated
Promise Zone.
Final priority--Promise Zones.
Projects that are designed to serve and coordinate with a federally
designated Promise Zone.
Types of Priorities: When inviting applications for a competition
using one or more priorities, we designate the type of each priority as
absolute, competitive preference, or invitational through a notice in
the Federal Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
This notice does not preclude us from proposing additional
priorities, subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive order.
This proposed regulatory action is a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or
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provide information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this final priority only on a reasoned determination
that its benefits would justify its costs. In choosing among
alternative regulatory approaches, we selected the approach that would
maximize net benefits. Based on the analysis that follows, the
Departments believe that this regulatory action is consistent with the
principles in Executive Order 13563.
We also have determined that this proposed regulatory action would
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs associated
with this regulatory action are those resulting from statutory
requirements and those we have determined as necessary for
administering the Department's programs and activities.
Intergovernmental Review: Some of the programs affected by this
proposed priority are subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
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
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well as all other documents of this Department published in the Federal
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You may also access document of the Department published in the
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by the Department.
Dated: March 24, 2014.
Arne Duncan,
Secretary of Education.
[FR Doc. 2014-06828 Filed 3-26-14; 8:45 am]
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