[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Notices]
[Pages 9682-9683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5593]



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DEPARTMENT OF EDUCATION

Projects With Industry; Waiver

AGENCY: Department of Education.

ACTION: Notice of Waiver.

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SUMMARY: The Secretary waives the requirement in the Education 
Department General Administrative Regulations (EDGAR) in 34 CFR 
75.261(a)(2) that prohibits project extensions that involve the 
obligation of additional Federal funds. The Secretary waives this EDGAR 
requirement for fiscal year (FY) 1996 only for the Projects With 
Industry (PWI) program. The Secretary will issue continuation awards in 
FY 1996 to all grantees under this program that are in the fifth and 
final year of the project period in order 

[[Page 9683]]
to ensure the most efficient and effective use of Federal funds.

EFFECTIVE DATE: This waiver takes effect on April 10, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas E. Finch, U.S. Department of 
Education, 600 Independence Avenue, S.W., Room 3038, Mary E. Switzer 
Building, Washington, D.C. 20202-2575. Telephone: (202) 205-8292. 
Individuals who use a telecommunications device for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: A total of 95 grantees, which were first 
funded in FY 1991, received their fifth and final year of project 
support in FY 1995.
    The Department had planned to conduct a competition for new five-
year awards later this fiscal year in accordance with revised program 
regulations that would strengthen certain statutory requirements and 
enhance project accountability. The revised regulations would contain 
new application content requirements and new selection criteria for 
evaluating grant applications.
    The Department had planned to publish a notice of proposed 
rulemaking (NPRM) proposing revisions to the existing program 
regulations in mid-December 1995, but, because of the closure of the 
Department for a number of weeks in December and early January due to 
lapsed funding and inclement weather, the Department was unable to meet 
this schedule. The NPRM was published on January 22, 1996 (60 FR 1672) 
and provides for a comment period ending March 22, 1996. The Department 
has now determined that it is unable to publish final regulations in 
time to have them apply to a competition for new awards in FY 1996.
    The program statute (section 621(e)(1)(A) of the Rehabilitation Act 
of 1973, as amended) specifies that a grant may be made for a period of 
up to five years and may be renewed. The Department has interpreted 
this authority to mean that it can extend non-competitively PWI grants 
beyond the five-year project period. The Department has decided to 
exercise this renewal authority because of the unique circumstances 
affecting this program this fiscal year and to make continuation awards 
for an additional year rather than conduct a new competition under the 
existing program regulations.
    The Department has, therefore, determined that to make continuation 
awards under the circumstances previously described makes the most 
programmatic sense and is the most efficient and effective use of 
Federal funds. However, to do so, the Department must waive the 
requirement in EDGAR in 34 CFR 75.261(a)(2) that prohibits the 
extension of project periods that involve the obligation of additional 
Federal funds.

Waiver of Proposed Rulemaking

    In accordance with section 437 of the General Education Provisions 
Act (20 U.S.C. 1232) and the Administrative Procedure Act (5 U.S.C. 
553), it is the practice of the Secretary to offer interested parties 
an opportunity to comment on proposed regulations. However, the 
Secretary has determined, pursuant to 5 U.S.C. 553(b)(B), that public 
comment is impracticable because of the time constraints discussed in 
the Supplementary Information section of this notice. Just as there is 
insufficient time to change the program regulations for purposes of 
making new awards in fiscal year 1996, there is not enough time to take 
public comment on waiving the EDGAR requirement prohibiting cost 
extensions and make the continuation awards.

Regulatory Flexibility Act Certification

    The Secretary certifies that this waiver would not have a 
significant economic impact on a substantial number of small entities.
    The small entities that would be affected by this waiver are 
program grantees currently receiving Federal funds to complete the 
fifth and final year of the project period. However, the waiver would 
not have a significant economic impact on these grantees because the 
waiver would not impose excessive regulatory burdens or require 
unnecessary Federal supervision. The waiver would impose minimal 
requirements to ensure the proper expenditure of program funds--
requirements that are standard to continuation awards.

Paperwork Reduction Act of 1995

    This waiver has been examined under the Paperwork Reduction Act of 
1995 and has been found to contain no information collection 
requirements.

Intergovernmental Review

    This program is subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR Part 79. The objective of the 
Executive order is to foster an intergovernmental partnership and a 
strengthened federalism by relying on processes developed by State and 
local governments for coordination and review of proposed Federal 
financial assistance.
    In accordance with the order, this document is intended to provide 
early notification of the Department's specific plans and actions for 
this program.

(Catalog of Federal Domestic Assistance Number 84.234 Projects With 
Industry.)
    Dated: March 4, 1996.

Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 96-5593 Filed 3-8-96; 8:45 am]
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