[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58234-58235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24590]
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DEPARTMENT OF EDUCATION
Final Waiver and Extension of the Project Period for the Literacy
Information and Communication System Regional Professional Development
Centers
Catalog of Federal Domestic Assistance (CFDA) Number: 84.191B.
AGENCY: Career, Technical, and Adult Education, Department of
Education.
ACTION: Final Waiver and Extension.
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SUMMARY: For the 36-month grant projects funded in fiscal year (FY)
2011, using FY 2010 funds, under the Literacy Information and
Communication System (LINCS) Regional Professional Development Centers
(RPDC) program, the Secretary hereby waives the restriction against
project period extensions involving the obligation of additional
Federal funds, and extends the project period of the four LINCS RPDC
grants for an additional 12 months. This enables the four current LINCS
RPDC grantees that received awards under the FY 2011 competition that
were extended for one additional year through FY 2014 using 2013 funds
(through September 30, 2015), to seek another continuation award for
one additional year through FY 2015 with FY 2014 funds (through
September 30, 2016); and we will not announce a new LINCS RPDC
competition for FY 2015.
DATES: This final waiver and extension of the project period is
effective September 28, 2015.
FOR FURTHER INFORMATION CONTACT: Patricia Bennett, U.S. Department of
Education, 400 Maryland Ave. SW., Room 11013, Potomac Center Plaza,
Washington, DC 20202. Telephone: (202) 245-7758 or by email at:
[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: On June 2, 2014, we published in the Federal
Register (79 FR 31315) a final waiver and extension for the current 36-
month grant projects under the Literacy Information and Communication
System (LINCS) Regional Professional Development Centers (RPDC) program
in which the Secretary waived the restriction against project period
extensions involving the obligation of additional Federal funds and
extended for an additional 12 months the project period of the four
LINCS RPDC grants. The Secretary took this action because we did not
believe that it was in the public interest to hold a LINCS RPDC
competition for FY 2014, (through September 30, 2015), the same year in
which the Department's LINCS resource collection contract and the LINCS
technical services contract would end. This one-year extension of the
LINCS RPDC project period through FY 2014 ensured seamless technical
assistance service delivery to our adult education customers.
On July 24, 2015, we published in the Federal Register (80 FR
44088) (July 2015 notice) a proposed waiver of 34 CFR 75.261(a) and
(c)(2), which restricts project period extensions involving the
obligation of additional Federal funds, as it applies to the LINCS
RPDC. The Secretary also proposed in the July 2015 notice to extend the
project period of LINCS RPDC grants for an additional 12 months to
enable the four current LINCS RPDC grantees that received awards under
the FY 2011 competition to seek a continuation award for one additional
year through FY 2015 (through September 30, 2016), with FY 2014 funds,
in accordance with the transition authority under section 503(c) of the
Workforce Innovation and Opportunity Act (WIOA), 29 U.S.C. 3343(c),
which grants the Secretary broad discretion to take appropriate action
to provide for the orderly transition from the prior Adult Education
and Family Literacy Act (AEFLA) (20 U.S.C. 9201 et seq.) to AEFLA as
authorized under WIOA. The Secretaries of Education and Labor have
published proposed rules implementing WIOA and are also developing
guidance for the State and local grantees that implement WIOA programs,
including AEFLA. We did not believe that it would be in the public
interest to hold a LINCS RPDC competition during a period of
significant change for State grantees transitioning to new program
requirements under WIOA, as this is a time when support from the four
experienced LINCS RPDC grantees would be particularly critical to
maintaining needed technical assistance and professional development
for State grantees and adult educators.
There are no substantive differences between the proposed and final
waivers and extensions.
Public Comment: In the July 2015 notice, the Secretary invited
comments about the potential effect that this waiver and extension of
the project period would have on LINCS RPDCs and on applicants that may
be eligible to apply for grant awards under any new LINCS RPDC notice
inviting applications, should there be one. The July 2015 notice
contained background information and our reasons for proposing the
waiver and extension of the project period.
We received 12 comments in response to our proposal, one of which
did not address the proposed waiver and extension. Generally, we do not
address comments that raise concerns not related to the proposed waiver
and extension.
Analysis of Comments and Changes
Comment: Each of the 11 commenters who addressed the proposed
waiver and extension: Supported it, discussed the benefits and
accomplishments of current LINCS RPDC projects, and stated that an
extension of the current project period would allow grantees to
continue to provide quality professional development during a period of
transition from the requirements of the prior AEFLA to the new
requirements of AEFLA under WIOA.
Response: We agree with the 11 commenters that extending the
current LINCS RPDC grant period will allow current LINCS RPDC grantees
to request continuation awards with which they could (1) continue to
work toward accomplishing the goals and objectives stated in their 2011
LINCS RPDC grant applications, and (2) provide quality professional
development during a period of transition from the requirements of the
prior AEFLA to the requirements of AEFLA under WIOA.
Change: None.
Waiver of Delayed Effective Date
The Administrative Procedure Act (APA) 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)). The
Secretary has determined that a delayed effective date is unnecessary
and contrary to the public interest. It is unnecessary because we
received only 11 public comments on this action, all of which supported
our proposal and we have not made any substantive changes to the
proposal. It is contrary to public interest because we would not be
able to make timely continuation grants to the four affected entities
with the delay. Therefore, the Secretary waives the APA's delayed
effective date provision for good cause.
Regulatory Flexibility Act Certification
The Secretary certifies that the waiver and extension and the
activities
[[Page 58235]]
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 four currently-funded LINCS RPDC grantees and any
potential applicants for LINCS RPDC grants in FY 2015.
The Secretary further certifies that the waiver and extension will
not have a significant economic impact on these LINCS RPDC 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 final waiver and extension does not contain any information
collection requirements.
Intergovernmental Review
The LINCS RPDC is 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. This document provides early notification of our
specific plans and actions for this program.
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
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You may also access documents of the Department published in the
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by the Department.
Program Authority: 29 U.S.C. 3332(c)(2)(G).
Dated: September 22, 2015.
Johan E. Uvin,
Deputy Assistant Secretary, Delegated the Authority of Assistant
Secretary for the Office for Career, Technical, and Adult Education.
[FR Doc. 2015-24590 Filed 9-25-15; 8:45 am]
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