[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6904]


[[Page Unknown]]

[Federal Register: March 25, 1994]


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Part IV





Department of Education





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34 CFR Part 219




Assistance for School Expenditures and Construction in Cases of Certain 
Disasters; Final Rule and Notice
DEPARTMENT OF EDUCATION

34 CFR Part 219

RIN 1810-AA71

 
Assistance for School Expenditures and Construction in Cases of 
Certain Disasters

AGENCY: Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends the regulations governing the Impact Aid 
disaster assistance program. These final regulations are needed to 
extend the deadline for local educational agencies (LEAs) affected by a 
specific Presidentially-declared disaster to apply for funds, through 
their State educational agencies (SEAs), beyond the usual 90-day period 
after publication of a Presidential disaster declaration or amendment 
to a declaration.

EFFECTIVE DATE: These regulations take effect either May 9, 1994 or 
later if the Congress takes certain adjournments. If you want to know 
the effective date of these regulations, call or write the Department 
of Education contact person. A document announcing the effective date 
will be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Frank Delia, Impact Aid Programs, U.S. 
Department of Education, 400 Maryland Avenue, SW., Washington, DC 
20202-6244. Telephone: (202) 260-3893. Individuals who use a 
telecommunications device for the deaf (TDD) may call the TDD number at 
(202) 205-5516.

SUPPLEMENTARY INFORMATION: Under the current statutory and regulatory 
provisions of Public Law 81-874 (the Impact Aid statute), the Secretary 
provides section 7(a) assistance to eligible LEAs that have increased 
operating costs or reduced revenue as a result of a Presidentially-
declared disaster. Under Sec. 219.21 of the current regulations, an LEA 
must submit its application for section 7(a) disaster assistance to its 
SEA and ensure that the SEA certifies and transmits the application to 
the Secretary of Education. The application must be transmitted by the 
SEA on or before 90 days after the publication of a notice in the 
Federal Register that the President has declared a major disaster and 
that the county in which the LEA is located is eligible for public 
assistance.
    In certain disasters, such as the midwestern floods of 1993, a 
number of areas are affected over a span of several weeks or months, 
with multiple counties in several States being declared eligible for 
public assistance at different times. This results in multiple 
declarations of disaster, multiple dates for the submission of 
applications, and possible confusion about the applicable deadlines, 
even within a given State. Consequently, certain LEAs and SEAs may be 
unable to determine accurately the appropriate deadline and fail to 
file timely applications with the Department.
    In recognition of the possible confusion that disasters of this 
type may cause, the Secretary amends the regulations to allow for 
additional time for filing or other ways to set the deadlines in 
particular disasters. All other statutory and regulatory criteria 
regarding section 7(a) disaster assistance remain in effect.

Regulatory Flexibility Act Certification

    The Secretary certifies that these regulations will not have a 
significant economic impact on a substantial number of small entities. 
The small entities that would be affected by these final regulations 
are small public and private agencies receiving Federal funds under 
these programs. However, the regulations will not have significant 
economic impact on the small entities affected because the regulations 
will not impose excessive regulatory burdens or require unnecessary 
Federal supervision. The regulations make only procedural changes that 
grant greater flexibility in establishing application deadlines.

Paperwork Reduction Act of 1980

    These regulations have been examined under the Paperwork Reduction 
Act of 1980 and have been found to contain no information collection 
requirements.

Waiver of Proposed Rulemaking

    In accordance with section 431(b)(2)(A) of the General Education 
Provisions Act (20 U.S.C. 1232(b)(2)(A)) and the Administrative 
Procedure Act, it is the practice of the Secretary to offer interested 
parties the opportunity to comment on proposed regulations. However, 
these amendments make procedural changes only and do not establish new 
substantive policy. Therefore, under 5 U.S.C. 553(b)(A), proposed 
rulemaking is not required. Moreover, the Secretary has determined 
under 5 U.S.C. 553(b)(B) that proposed rulemaking on these amended 
regulations is unnecessary and contrary to the public interest.

Assessment of Educational Impact

    The Secretary has determined that the regulations in this document 
would not require transmission of information that is being gathered by 
or is available from any other agency or authority of the United 
States.

List of Subjects in 34 CFR Part 219

    Administrative practice and procedure, Disaster assistance, 
Education, State-administered programs.

(Catalog of Federal Domestic Assistance Number 84.041)

    Dated: March 16, 1994.
Thomas W. Payzant,
Assistant Secretary, Elementary and Secondary Education.

    The Secretary amends part 219 of title 34 of the Code of Federal 
Regulations as follows:

PART 219--ASSISTANCE FOR SCHOOL EXPENDITURES AND CONSTRUCTION IN 
CASES OF CERTAIN DISASTERS

    1. The authority citation for part 219 continues to read as 
follows:

    Authority: 20 U.S.C. 241-6 and 646, unless otherwise noted.

    2. In Sec. 219.21, paragraph (b) is amended by adding a sentence at 
the end to read as follows:


Sec. 219.21  Application procedure.

* * * * *
    (b) * * * The 90-day requirement may be extended by the Secretary, 
under unusual circumstances, through the publication of a notice in the 
Federal Register.
* * * * *
[FR Doc. 94-6904 Filed 3-24-94; 8:45 am]
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